المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. مخالفة الثابت بالأوراق

    Principle 1414The appeal transfers the case to the court of second instance together with the pleas and defences previously advanced by the respondent before the court of first instance, so long as he has not waived them expressly or Pleadings — Part Three · Source page 223
  2. Principle 1415The contract is the law of the contracting parties. The implication of that. - The judgment’s disregard of what the contracting parties agreed upon. Necessitates its cassation. Example.Pleadings — Part Three · Source page 223
  3. Principle 1416Contradiction of what is established in the record requires cassation of the judgment. Its nature. An example concerning maritime carriage.Pleadings — Part Three · Source page 223
  4. Principle 1417The court of merits basing its ruling on an understanding it derived contrary to what is established in the record vitiates its judgment. Example. Concerning deficiency and contradiction of what is established in the recPleadings — Part Three · Source page 223
  5. Principle 1418Compensation for material damage. What is required for its award. The mere possibility of future damage. Insufficient for awarding compensation. Prospective gain likely to materialize. When it is considered such. An examPleadings — Part Three · Source page 223
  6. Principle 1419Ascertaining and understanding the facts and assessing the evidence. Within the authority of the court of merits. The condition for this. That it not disregard a material plea submitted to it, or base it contrary to whatPleadings — Part Three · Source page 223
  7. Principle 1420The expert's establishment in his report that the State had constructed an electricity line crossing the property before the respondent purchased it. The appellant's insistence that the line had been discontinued and remPleadings — Part Three · Source page 223
  8. Principle 1421Validity of judgments. Its condition. Their being based on clear, explicit reasons derived from the papers of the action and logically leading to the conclusion reached. Example of a judgment upholding the first-instancePleadings — Part Three · Source page 224
  9. Principle 1422Contradiction of what is established in the papers. Its effect. Nullity of the judgment. An example of a judgment deeming the appeal as never having been brought for failure to serve its statement within thirty days of dPleadings — Part Three · Source page 224
  10. Principle 1423The trial court has full authority to characterize the litigants' claims, understand the action according to its true nature, and apply the correct description to it without being bound by the litigants' characterizationPleadings — Part Three · Source page 224
  11. Principle 1424The female respondents' failure to discharge themselves from the two acknowledgments bearing their signatures. The challenged judgment's disregard of the evidential significance of these two instruments on the ground thaPleadings — Part Three · Source page 224
  12. Principle 1425The authority of the judge of merits to assess the evidence. Its limits: not disregarding a material plea or defence, not basing his judgment contrary to what is established in the papers, and the reasons on which he relPleadings — Part Three · Source page 224
  13. Principle 1426The court's awarding what the litigants did not request or more than they requested, with awareness thereof and reasons for its ruling thereon. The means of challenging it: cassation. Its doing so unintentionally or withPleadings — Part Three · Source page 225
  14. Principle 1427Judicial separation for harm without compensation or with compensation proportionate to the wrongdoing. Cases in which it is decreed. - Basing a judgment on an understanding contrary to what is established in the record.Pleadings — Part Three · Source page 225
  15. Principle 1428Contradiction of what is established in the papers of the action. Its effect. Nullity of the judgment. - It being established that the report of the General Department of Criminal Evidence specified the percentage of disPleadings — Part Three · Source page 225
  16. Principle 1429An employment contract concluded for a renewable term of one year. Its permitting either party to terminate it unilaterally before its term expires, without this depending on an independent event. An indefinite-term contPleadings — Part Three · Source page 225
  17. Principle 1430The court of merits’ basing its judgment on an understanding contrary to what is established in the record. Its effect. Its nullity.Pleadings — Part Three · Source page 225
  18. Principle 1431Final judgments rendered by courts of first instance. They may not be appealed. Exception: what the law provides. Contradiction of what is established in the record. Its nature. Example.Pleadings — Part Three · Source page 225
  19. Principle 1432What counts in determining a litigant’s claims. The relief he seeks to have awarded and what the scope of that claim necessarily and factually includes. The court is not bound by the literal wording in which it was formuPleadings — Part Three · Source page 225
  20. Principle 1433Contradiction of what is established in the record requiring cassation of the judgment. Its nature: either by positive conduct distorting what is materially established in certain documents or papers, or by negative condPleadings — Part Three · Source page 226

  21. التناقض

    Principle 1435The criterion for the validity of a judgment’s reasoning. - Contradiction of what is established in the case papers that requires cassation of the judgment. Its nature: either affirmative conduct by distorting what is maPleadings — Part Three · Source page 226
  22. Principle 1436The contradiction that invalidates a judgment. It is that which makes it impossible to understand the basis of what its operative part adjudicated.Pleadings — Part Three · Source page 226
  23. Principle 1438Invalidating contradiction. The reasons undermine and negate one another so that no support for the operative part remains in them, or that which occurs in the foundation of the judgment so that the basis of its decisionPleadings — Part Three · Source page 226
  24. Principle 1442Contradiction in the basis of the judgment, such that the basis upon which the court ruled cannot be understood. Renders the judgment defective. Example of a vitiating contradiction.Pleadings — Part Three · Source page 227
  25. Principle 1444The right of the judge of merits to infer whether or not a contracting party breached an obligation giving rise to contractual liability. Its condition. That the inference be reasonable and derived from elements leading Pleadings — Part Three · Source page 227
  26. Principle 1446The contradiction which vitiates a judgment is that by which the reasons cancel one another out, leaving nothing capable of supporting the judgment. An example of absence of contradiction.Pleadings — Part Three · Source page 227
  27. Principle 1449Contradiction between two final judgments. One of the grounds for an appeal in cassation. Its condition. The second decides the dispute contrary to the first or its import, or negates its effects. The criterion in this rPleadings — Part Three · Source page 228
  28. Principle 1451The contradiction that vitiates a judgment is that whereby its reasons cancel one another out, leaving nothing on which the judgment can be sustained.Pleadings — Part Three · Source page 228
  29. Principle 1452The contradiction that invalidates a judgment is that whereby its reasons cancel one another out, so that none of them sufficient to sustain it remains. Example.Pleadings — Part Three · Source page 228
  30. Principle 1455The contradiction that vitiates a judgment. It is that by which its reasons cancel one another out, leaving nothing thereafter on which the judgment can be sustained. - The judgment's determination that multiple diyas arPleadings — Part Three · Source page 228
  31. Principle 1458The contradiction that vitiates a judgment. It is that by which its reasons cancel one another out so that nothing remains upon which the judgment can rest. Or it occurs in the foundation of the judgment such that it is Pleadings — Part Three · Source page 229
  32. Principle 1459The contradiction that vitiates and invalidates a judgment. Its nature. - The judgment’s wording containing what suggests an inconsistency among its reasons. Does not constitute a contradiction so long as the court’s intPleadings — Part Three · Source page 229

  33. الإخلال بحق الدفاع

    Principle 1461The contradiction that renders a judgment defective and vitiates it. Its nature. Example of partial cassation. 7- Infringement of the right of defense:-Pleadings — Part Three · Source page 229
  34. Principle 1463The general rule is that a judgment must itself contain all its reasons and must not refer to the reasons of another judgment unless that judgment was previously rendered between the same parties, was deposited in the caPleadings — Part Three · Source page 229
  35. Principle 1464When a defence is material such that the judgment's disregard of it and failure to scrutinise it result in deficiency. - 229 - Civil ProcedurePleadings — Part Three · Source page 229
  36. Principle 1465The judgment’s omission to address a material defence that would change the view taken of the case, and its failure to scrutinize it. Renders it defective for inadequate reasoning. - A litigant’s raising of a material dePleadings — Part Three · Source page 230
  37. Principle 1466A litigant's raising a material defense before the court of merits, adducing the meaning of the document's wording as evidence. The necessity of scrutinizing it in light of what the document's wording conveys in its entiPleadings — Part Three · Source page 230
  38. Principle 1467Requiring official translation of documents from a foreign language into Arabic. Its case: a dispute between the litigants concerning this translation. A litigant's objection to the unofficial translation of the documentPleadings — Part Three · Source page 230
  39. Principle 1468Material defense. Its nature and the court's duty toward it. - The trial court's disregard of a request concerning evidence. Its condition.Pleadings — Part Three · Source page 230
  40. Principle 1469It is impermissible to adjudicate the authenticity or forgery of a document and the merits in a single judgment. A fundamental rule of procedure even if not provided for in the Evidence Law. A judgment ruling on the rejePleadings — Part Three · Source page 230
  41. Principle 1470Failure expressly to invoke the application of the penalty clause in the notice of appeal, while referring to it incidentally, reserving the right to present other grounds of appeal at the hearing, and invoking that clauPleadings — Part Three · Source page 230
  42. Principle 1471The defence that the injured party received compensation twice for the same harm. A material defence. The judgment must scrutinize it and rule upon it in accordance with the correct legal rule. Merely responding that it Pleadings — Part Three · Source page 231
  43. Principle 1473The decisive oath belongs to the litigant, not the judge. The implication thereof. The judge's obligation to tender it whenever its conditions are satisfied. Failure to do so. Its effect. Inadequacy of the judgment for iPleadings — Part Three · Source page 231
  44. Principle 1474A litigant's raising of a material defence and submission of documents supporting it. The judgment's disregard of examining and responding to this defence. Vitiates it.Pleadings — Part Three · Source page 231
  45. Principle 1475A claim or defence upon which the court of merits is unequivocally requested to rule and which would change the view taken of the action. It must answer it with specific reasons; otherwise its judgment is deemed devoid oPleadings — Part Three · Source page 231
  46. Principle 1476A material defense. The court of merits must address it, scrutinize it and pronounce upon it; otherwise its judgment is deficient. The nature of this defense. The judgment’s setting out this defense in outline without rePleadings — Part Three · Source page 231
  47. Principle 1477Assessment of evidence is within the authority of the judge of merits. The condition: that he not disregard a material plea or defence in his judgment. Contravention requires its cassation. - 231 - ProcedurePleadings — Part Three · Source page 231
  48. Principle 1478The trial court's authority to adopt the expert's report without separately responding to the objections directed against it. Its scope. The report's reasons must contain an express or implied response to those objectionPleadings — Part Three · Source page 232
  49. Principle 1479A material defense. Its nature. The judgment’s recording of it and reference to the documents submitted in support thereof do not dispense with the obligation to address it by way of a response. The judgment’s failure toPleadings — Part Three · Source page 232
  50. Principle 1480The sanction of deeming the appeal as never having existed, which the court may impose in the event of delay in serving the notice of appeal, is conditional upon that delay being attributable to an act of the appellant. Pleadings — Part Three · Source page 232
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