المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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

Search this collection

  1. تسبيب الحكم الاستئنافي

    Principle 1534A judgment ruling that the right of appeal has lapsed because the appeal was brought after the time limit. It may not address the defences or pleas raised in the action. The reason therefor. Their consideration arises onPleadings — Part Three · Source page 239
  2. Principle 1535The Court of Appeal’s confining itself to varying the appealed judgment. It is then obliged only to give reasons for what the variation covers. Everything else is deemed affirmed by adoption of the reasons of the first-iPleadings — Part Three · Source page 239
  3. Principle 1536A judgment ruling that the appeal is deemed never to have been. Criticizing it for failing to address the plea of invalidity of service of the statement of claim or invalidity of the first-instance judgment. Has no basisPleadings — Part Three · Source page 240
  4. Principle 1537The Court of Appeal is not obliged to respond to the reasons of the appealed judgment if it sets it aside.Pleadings — Part Three · Source page 240
  5. Principle 1538The appellee's right to lodge an incidental appeal. When it lapses. The devolutive effect of the incidental appeal. Its limits. An example concerning an increase in the compensation awarded by the appealed judgment.Pleadings — Part Three · Source page 240
  6. Principle 1539Those rulings of the first-instance judgment not encompassed by an amendment in the appellate judgment. Remain affirmed on their reasons even if the appellate judgment contains no reference to them. An example. - The phrPleadings — Part Three · Source page 240
  7. Principle 1540Invalidity of the appealed judgment for a procedural defect. Its effect. The appellate court must adjudicate the merits by a new judgment in which it observes the correct procedures.Pleadings — Part Three · Source page 240
  8. Principle 1541The authority of the Court of Appeal is limited to what has been appealed only. The portions of the first-instance judgment not covered by the appeal. Become final and unappealable, and the Court of Appeal may not addresPleadings — Part Three · Source page 240
  9. Principle 1542An appellate judgment is not defective for omitting reference to the reasons of the first-instance judgment which it merely ruled to modify. It suffices to state the reasons necessitating the modification, and what the mPleadings — Part Three · Source page 240
  10. Principle 1543The Court of Appeal’s adoption of the reasons of the first-instance judgment in addition to the reasons it stated. Its import. Its adoption of them insofar as they do not conflict with its reasons. - 240 - Civil ProcedurPleadings — Part Three · Source page 240
  11. Principle 1544The challenged judgment's disregard of the criticism directed at the appealed judgment which it set aside, basing its ruling on reasons of its own. Does not vitiate it.Pleadings — Part Three · Source page 241
  12. Principle 1545The judgment’s concluding that the appeal is deemed never to have been. Its addressing the merits of the appeal. Has no place.Pleadings — Part Three · Source page 241
  13. Principle 1546The Court of Appeal is not obliged, when reversing or varying the first-instance judgment, to respond to its reasons. The condition therefor.Pleadings — Part Three · Source page 241
  14. Principle 1547The Court of Appeal may adopt the reasons of the first-instance judgment without addition in response to the appellant in cassation's defence where the first-instance judgment contains an implicit response to this defencPleadings — Part Three · Source page 241
  15. Principle 1548The Court of Appeal is not required to answer the reasons of the first-instance judgment that it has set aside.Pleadings — Part Three · Source page 241
  16. Principle 1549The authority of the Court of Appeal is confined solely to what has been appealed. The ruling of the court of first instance on everything else. Becomes irrevocable. Its effect. Discussion thereof for the first time befoPleadings — Part Three · Source page 241
  17. Principle 1550The Court of Appeal. Its function. Is not confined to reviewing the appealed judgment. It must exercise oversight over the work of the court of first instance, whether relating to facts or the application of law. It incuPleadings — Part Three · Source page 241
  18. Principle 1551Judicial claim. What is it? The scope of the action is determined by that claim. The court's obligation not to exceed its scope. An appeal transfers the action in the state it was in before the appealed judgment was rendPleadings — Part Three · Source page 241
  19. Principle 1552Effecting judicial set-off. It must be raised in the form of an incidental claim in the original action. Requesting it in the form of a defence to the adversary's action for the first time on appeal. Impermissible. - RaiPleadings — Part Three · Source page 242
  20. Principle 1553An appeal transfers the action in the state in which it stood before the appealed judgment was rendered, only as regards that against which the appeal was brought. The first-instance ruling that was not challenged. Its bPleadings — Part Three · Source page 242
  21. Principle 1554An appeal transfers the case in the state it was in before the appealed judgment was rendered, solely in respect of what was appealed. The basis for this and its import. - The scope of the appeal. Determined by the appelPleadings — Part Three · Source page 242
  22. Principle 1555The Court of Appeal's affirmance of the first-instance judgment on the independent reasons it formulated for its ruling. It is not affected by the existence of a contradiction between those reasons and some of the reasonPleadings — Part Three · Source page 242
  23. Principle 1556The Court of Appeal's reference, in addition to its own reasons, to the reasons of the first-instance judgment. Its implication.Pleadings — Part Three · Source page 242
  24. Principle 1557The Court of Appeal is not obliged to respond to what is stated in the first-instance judgment when reversing it. Its condition.Pleadings — Part Three · Source page 242
  25. Principle 1558The first-instance judgment’s rejection of the plea that the statement of claim is void because the served copy lacks the process server’s signature. Its sufficiency. So long as it rests on correct reasons. The effect thPleadings — Part Three · Source page 242
  26. Principle 1559It suffices for the appellate judgment to refer to the reasons of the first-instance judgment for the supplement to that judgment, comprising facts, reasons, and a response to the appellant's defense, to become an integrPleadings — Part Three · Source page 243
  27. Principle 1560The appellate court’s confining itself to varying the appealed judgment. It is obliged to give reasons only for the part covered by the variation. The part not covered is as though it had been affirmed. The reasons of thPleadings — Part Three · Source page 243
  28. Principle 1561The appellate court's ruling that the action is inadmissible, differing from the ruling of the court of first instance. The challenge directed at the latter judgment is inadmissible because it is directed at no proper obPleadings — Part Three · Source page 243
  29. Principle 1562The challenged judgment’s setting out new grounds for its ruling without referring to the appealed judgment. The challenge to it in this regard is misplaced.Pleadings — Part Three · Source page 243
  30. Principle 1563Criticism of the first-instance judgment affirmed on appeal. It is directed at no applicable subject where the appellate judgment has adopted new reasons of its own sufficient to support it.Pleadings — Part Three · Source page 243
  31. Principle 1564The appellant's reliance before the court of first instance on the plea of limitation, which that court saw no need to examine after concluding that the indebtedness was not established. Appeal against this judgment. ItsPleadings — Part Three · Source page 243
  32. Principle 1565The court of second instance may adopt the reasons of the first-instance judgment without formulating new reasons. Example.Pleadings — Part Three · Source page 243
  33. Principle 1566An appeal transfers the action in the state it was in before the appealed judgment was delivered, only in respect of what has been appealed. Article 144 of the Civil Procedure Law. Its consequence: the court of second inPleadings — Part Three · Source page 243
  34. Principle 1567The Court of Appeal may adopt an approach in assessing maintenance that differs from the assessment of the court of first instance. Its condition.Pleadings — Part Three · Source page 244
  35. Principle 1569The Court of Appeal's confining itself to varying the appealed judgment. The necessity of giving reasons for what the variation covers. Anything else. Deemed adjudged affirmed. - The Court of Appeal's taking a different Pleadings — Part Three · Source page 244
  36. Principle 1570The appealed judgment's ruling affirming the first-instance judgment on independent reasons for its ruling. The contradiction of these reasons with some of the reasons of the first-instance judgment. Its implication: thePleadings — Part Three · Source page 244
  37. Principle 1571Varying or setting aside the first-instance judgment and reassessing the facts. Within the authority of the Court of Appeal, without requiring it to answer the reasons of the first-instance judgment.Pleadings — Part Three · Source page 244
  38. Principle 1572The Court of Appeal may take a different approach in assessing maintenance from the assessment of the court of first instance. It is not then required to refute the view taken by the court of first instance. What sufficePleadings — Part Three · Source page 244
  39. Principle 1573The Court of Appeal's modification of the appealed judgment. It is required only to give reasons for what the modification covers; the remainder is deemed affirmed by adoption of the reasons of the appealed judgment, evePleadings — Part Three · Source page 245

  40. تسبيب أحكام المحكمين

    Principle 1574The Court of Appeal’s setting aside of the first-instance judgment. It is not required to refute it. The condition for this. Giving reasons for arbitral awardsPleadings — Part Three · Source page 245

  41. القضاء بما لم يطلبه الخصوم

    Principle 1575Arbitration. A judicial act of a special nature. The nature and effect thereof. - Incorporation of a copy of the agreement to arbitrate in the arbitrator’s award. An essential and necessary statement for which no other sPleadings — Part Three · Source page 245

  42. أثر صدور الحكم

    Principle 1576A request to appoint an expert preliminary to requesting judgment according to the outcome of the expert examination. The scope of the action is confined to the request to appoint an expert. The judgment exceeding this. Pleadings — Part Three · Source page 246

  43. أثر الحكم بعدم الدستورية

    Principle 1577The extinction of the incidental action is contingent upon the extinction of the original action. The former, as a rule, survives with the survival of the latter and is extinguished with its extinction. A judgment issuedPleadings — Part Three · Source page 246
  44. Principle 1578A judgment declaring a provision of a law or regulation unconstitutional. It may not be applied from the day following the date of publication in the Official Gazette. This effect extends to facts and legal positions prePleadings — Part Three · Source page 246

  45. - بوجه عام

    Principle 1579The Constitutional Court’s ruling that the provision of Article 15/1 of Law 11/1962, amended by Law 105/1994 concerning passports, is unconstitutional insofar as it provides that a wife may not be granted a separate passPleadings — Part Three · Source page 246
  46. Principle 1590The authority of res judicata attaches to the operative part and the reasons closely connected with it. Example.Pleadings — Part Three · Source page 248
  47. Principle 1591Assessment of the identity of subject matter in two actions is independently undertaken by the court of the merits. Where its assessment is sound.Pleadings — Part Three · Source page 248
  48. Principle 1593Res judicata effect. Its criterion. Identity of subject matter between two actions is a matter of fact.Pleadings — Part Three · Source page 248
  49. Principle 1594The res judicata effect of a judgment. Its criterion. Res judicata prevails over considerations of public policy. Reasons linked to the operative part acquire res judicata effect. Assessment of whether the subject matterPleadings — Part Three · Source page 248
  50. Principle 1595A cassation appeal does not encompass the entire challenged judgment, but only the part of the judgment under challenge. The part not challenged acquires res judicata effect and becomes irrevocable, even if that part conPleadings — Part Three · Source page
PreviousPage 28 of 75Next