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. الإخلال بحق الدفاع

    Principle 1481A final judgment is one that determines the dispute between the parties and prevents returning to the same dispute through a subsequent action. A judgment’s contravention of this renders it defective for infringement of Pleadings — Part Three · Source page 232
  2. Principle 1482A litigant's submission of documents to the court of merits and reliance on their significance concerning the subject matter of the dispute. The judgment's overlooking them and declining to investigate his defense based Pleadings — Part Three · Source page 232
  3. Principle 1483The court of the merits. It must address every material defence maintained by a litigant, scrutinize it, and pronounce upon it. Its failure to do so. Its effect. Vitiating its judgment with deficiency and infringement ofPleadings — Part Three · Source page 232
  4. Principle 1484A material defence which, if valid, would change the view taken of the action. The court must scrutinize it. The Court of Cassation may exercise its review whenever the reasons upon which the judgment was based do not lePleadings — Part Three · Source page 232
  5. Principle 1485The court must respond to an unequivocal request; otherwise its judgment is devoid of reasons. Appointment of an expert is not a right of the litigants. Its import: the court may refuse it on specific reasons subject to Pleadings — Part Three · Source page 233
  6. Principle 1486Every request or ground of defense submitted by a litigant to the court and upon which he requests a ruling. The court must respond to it with specific reasons; otherwise, its judgment is devoid of reasons and insufficiePleadings — Part Three · Source page 233
  7. Principle 1487The court of the merits' omission to examine a material defence which, if valid, would change the outcome of the action. Deficient reasoning. Example concerning non-entitlement to consolatory maintenance upon divorce.Pleadings — Part Three · Source page 233
  8. Principle 1489The court of merits. Its disregard of a material defence raised by a litigant which, if valid, would change the view taken of the case. Deficiency and infringement of the right of defence. An example concerning the courtPleadings — Part Three · Source page 233

  9. تسبيب الحكم الاستئنافي

    Principle 1490A material defence. The court must address it and express its opinion on it. And the foundation of this defence must be a fact for which evidence has been established in accordance with the requirements laid down for thaPleadings — Part Three · Source page 234
  10. Principle 1491The court of second instance is not obliged to respond to everything contained in the first-instance judgment it reversed, so long as the reasons on which it based its judgment are sufficient to support it.Pleadings — Part Three · Source page 234
  11. Principle 1492The reasons of the first-instance judgment. Their adoption by the court of second instance without addition. No deficiency.Pleadings — Part Three · Source page 234
  12. Principle 1493The appellate court’s statement that it adopts the reasons of the first-instance judgment, in addition to what it has set out. Its meaning is that it adopts those reasons of that judgment which do not conflict with its oPleadings — Part Three · Source page 234
  13. Principle 1494If the appellate judgment is based on reasons sufficient to support it, it is not vitiated by superfluous statements in the first-instance judgment, so long as it adopted from that judgment’s reasons only what does not cPleadings — Part Three · Source page 234
  14. Principle 1495The Court of Appeal, when affirming the first-instance judgment, may refer to it either for the statement of facts or for its reasons.Pleadings — Part Three · Source page 234
  15. Principle 1496The Court of Appeal is entitled to adopt an assessment of testimony differing from that of the court of first instance without refuting the first-instance ruling in its judgment. - 234 - Civil ProcedurePleadings — Part Three · Source page 234
  16. Principle 1497Sufficiency of the reasons of the first-instance judgment. The appellate judgment's reference to them without addition. No defect.Pleadings — Part Three · Source page 235
  17. Principle 1498An appellate judgment is not defective for referring, in its account of the facts, to the first-instance judgment, even if it reverses it.Pleadings — Part Three · Source page 235
  18. Principle 1499No amendment to the conclusion reached by the first-instance judgment concerning a particular contract. Its reasons concerning it remain. No need for express reference to them.Pleadings — Part Three · Source page 235
  19. Principle 1500The appellate court is not at fault for declining the request to remit the assignment to the expert whenever it finds in the case papers sufficient material for its conviction. No blame attaches to the appellate court foPleadings — Part Three · Source page 235
  20. Principle 1501The Court of Appeal's affirmance of the first-instance judgment insofar as it included a response to the litigant's objections. It is not at fault if its judgment does not include separate reasons responding to those objPleadings — Part Three · Source page 235
  21. Principle 1502The Court of Appeal. Its reversal of the first-instance judgment. It is not obliged to respond to what is stated therein.Pleadings — Part Three · Source page 235
  22. Principle 1503The Court of Appeal’s adoption of the reasons of the appealed judgment together with its own reasons. Its implication is that it adopts those reasons insofar as it has not corrected them.Pleadings — Part Three · Source page 235
  23. Principle 1504The appellate judgment’s adoption of the reasons of the first-instance judgment where they are sufficient to support it. No defect.Pleadings — Part Three · Source page 235
  24. Principle 1505Ruling that an appeal is inadmissible on procedural grounds. Failure to address a plea or defense. No insufficiency. The reason therefor. - 235 - Civil ProcedurePleadings — Part Three · Source page 235
  25. Principle 1506Bringing an appeal seeking overtime pay. Its effect. Placing the material defence relating thereto before the Court of Appeal so long as it has not been waived. Its disregarding that defence and failing to address it as Pleadings — Part Three · Source page 236
  26. Principle 1507The court of second instance may adopt the reasons of the first-instance judgment without addition whenever it considers them sufficient to dispense with setting out anything new. An example of reference to the elements Pleadings — Part Three · Source page 236
  27. Principle 1508No fault attaches to the Court of Appeal for not granting a request for a fresh referral for evidentiary investigation where the court of first instance has enabled the litigant to prove the facts sought to be establishePleadings — Part Three · Source page 236
  28. Principle 1509The request to which the court is obliged to respond. An express, unequivocal request. What does not qualify as such. The devolutive effect of an appeal. Its import. - A new claim that is inadmissible on appeal. It is onPleadings — Part Three · Source page 236
  29. Principle 1510New claims on appeal are inadmissible. - An incidental claim on appeal is a new claim. The appellate judgment's failure to respond to it. This does not vitiate it.Pleadings — Part Three · Source page 236
  30. Principle 1511The court of first instance's ruling terminating the action seeking the appointment of an expert after the expert submits his report. The plaintiff has no interest in challenging that judgment. This is not altered by hisPleadings — Part Three · Source page 236
  31. Principle 1512A request to tender an oath made after the appeal has been reserved for judgment and without permission to submit memoranda. It is not considered to be before the court. The judgment's disregard of it. Does not vitiate iPleadings — Part Three · Source page 236
  32. Principle 1513A complete omission to adjudicate certain claims through oversight or error. Its remedy is recourse to the same court that omitted them, not challenging the judgment. The Court of Appeal’s not addressing the claim omittePleadings — Part Three · Source page 237
  33. Principle 1514Adopting or rejecting witnesses’ statements. Dependent upon the court’s satisfaction. The Court of Appeal may take a different approach from the court of first instance in assessing their statements without being obligedPleadings — Part Three · Source page 237
  34. Principle 1515The Court of Appeal's authority to reconsider the case within the limits of what has been appealed. When it is not required to respond to the reasons of the first-instance judgment if it reverses it.Pleadings — Part Three · Source page 237
  35. Principle 1516Assessment of maintenance in its various forms. A matter of fact within the exclusive discretion of the judge of merits. The Court of Appeal may adopt an assessment differing from that of the court of first instance. It Pleadings — Part Three · Source page 237
  36. Principle 1517The authority of the court of second instance to reassess the evidence contrary to the assessment of the court of first instance.Pleadings — Part Three · Source page 237
  37. Principle 1519The scope of the action is determined by the judicial claim. Following that. A claim for rescission raised for the first time on appeal. A new claim that is inadmissible. The appellate judgment’s disregarding it. Does noPleadings — Part Three · Source page 237
  38. Principle 1520The appellate judgment’s basing its ruling on new grounds in addition to the grounds of the first-instance judgment that it adopted. Its implication. Its adoption of the grounds of the first-instance judgment insofar as Pleadings — Part Three · Source page 237
  39. Principle 1521The appellate judgment. Adoption of the reasons of the first-instance judgment suffices for the validity of its reasoning.Pleadings — Part Three · Source page 238
  40. Principle 1522The appealed judgment reversed by the Court of Appeal. Responding to its reasons. Unnecessary where it bases its ruling on grounds sufficient to sustain it.Pleadings — Part Three · Source page 238
  41. Principle 1523The Court of Appeal may refer to what is stated in the first-instance judgment that it upheld, whether in the account of the facts of the case or in the grounds of its ruling, whenever they suffice to support it.Pleadings — Part Three · Source page 238
  42. Principle 1524The Court of Appeal’s failure to take a procedural step that was not requested of it. Does not render its judgment defective.Pleadings — Part Three · Source page 238
  43. Principle 1525The Court of Appeal is required only to state the reasons for the part of the appealed judgment affected by the variation. The part not affected by the variation. The reasons of the appealed judgment remain standing in rPleadings — Part Three · Source page 238
  44. Principle 1527The Court of Appeal’s reference, in addition to its own reasons, to the reasons of the first-instance judgment even though it differs from it. Its import.Pleadings — Part Three · Source page 238
  45. Principle 1528The respondent's filing of an incidental appeal or a cross-appeal. Its effect. The dispute adjudicated by the court of first instance is transferred in its entirety to the Court of Appeal within the limits of the relief Pleadings — Part Three · Source page 238
  46. Principle 1529A request for reconciliation before the Court of Appeal has no place once the inability of the court of first instance to reconcile the spouses has been established. The Court of Appeal’s reversal of its decision to summPleadings — Part Three · Source page 239
  47. Principle 1530The inadmissibility of new claims on appeal. A rule relating to public order. - The Court of Appeal's disregard of the new claim. No defect.Pleadings — Part Three · Source page 239
  48. Principle 1531Applying the sound legal rule to the facts of the case. Falls within the authority of the Court of Appeal, without regard to the characterization by the litigants or the appealed judgment if it is contrary to law. The rePleadings — Part Three · Source page 239
  49. Principle 1532The Court of Appeal's ruling invalidating the arbitrators' award. Its implication. The award ceases to exist with all its effects. The effect thereof: it may not be relied upon.Pleadings — Part Three · Source page 239
  50. Principle 1533The new claim that is inadmissible on appeal. Its nature. An example: claiming interest for the first time before the Court of Appeal. Inadmissible. The judgment's conclusion rejecting it. Does not render it defective foPleadings — Part Three · Source page
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