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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    Principle 1596Res judicata effect. Its criterion. Res judicata effect does not attach to the operative part alone. Rather, it also attaches to the reasons connected with the operative part.Pleadings — Part Three · Source page 249
  2. Principle 1597An appeal in cassation. Encompasses only the part of the challenged judgment that is the subject of the appeal. The part not subject to an appeal in cassation. Becomes irrevocable and may not be disturbed, even if it conPleadings — Part Three · Source page 249
  3. Principle 1598Cassation appeal petition. Its particulars. Identification of the challenged judgment. What is not covered by that identification does not fall within the scope of the appeal. Example. A judgment admitting the appeal on Pleadings — Part Three · Source page 249
  4. Principle 1599Judgments that have acquired the authority of res judicata. Conclusive as to what they have determined between the parties. The conditions of this authority. Article 53 of Law 39/1980. A cassation appeal against a final Pleadings — Part Three · Source page 249
  5. Principle 1600Cassation of a judgment extends only to what was addressed by the accepted grounds of challenge. Anything else acquires the force of res judicata.Pleadings — Part Three · Source page 249
  6. Principle 1601Settling the existence of the element of fault giving rise to liability by an irrevocable ruling through the Court of Cassation's rejection of the challenge directed against it. Its effect is acquisition of the force of Pleadings — Part Three · Source page 249
  7. Principle 1602An appeal in cassation. Addresses only the challenged portion of the challenged judgment. What is not challenged. Acquires the force of res judicata even if it concerns jurisdiction between judicial authorities. The reasPleadings — Part Three · Source page 249
  8. Principle 1603The binding authority of res judicata. Its nature, limits, conditions, and effect. An example of the absence of binding authority.Pleadings — Part Three · Source page 250
  9. Principle 1604Awarding compensation for damage arising after the judgment. The previous judgment has no res judicata effect in respect of the new damage. Assessing that damage and whether it is newly arising. Within the authority of tPleadings — Part Three · Source page 250
  10. Principle 1605The force of res judicata preventing the dispute over the adjudicated issue from being raised again. Its criterion. Assessing identity of subject matter in two actions. Within the authority of the court of merits, providPleadings — Part Three · Source page 250
  11. Principle 1606Res judicata. Attaches to the operative part of the judgment and its reasons necessarily connected with the operative part. Statements in the judgment unrelated to the subject matter adjudicated. Do not acquire res judicPleadings — Part Three · Source page 250
  12. Principle 1607Cassation of a judgment extends only to what is covered by the accepted grounds of challenge. Everything else acquires the force of res judicata. The Court of Cassation may not reconsider it even if it concerns public poPleadings — Part Three · Source page 250
  13. Principle 1608What cassation does not encompass of the judgment acquires the force of res judicata. The effect of this. Reconsideration thereof. Impermissible. An example.Pleadings — Part Three · Source page 250
  14. Principle 1609The adjudication in a judgment is not its operative part alone. The implication: some of what is adjudicated may validly be in its grounds.Pleadings — Part Three · Source page 250
  15. Principle 1610An objection by a person outside the litigation is not a method of challenging judgments. Its true nature: intervention in the litigation after judgment has been rendered therein by a person authorized by the legislaturePleadings — Part Three · Source page 250
  16. Principle 1611Final judgments rendered contrary to a previous judgment rendered between the same litigants and having acquired the force of res judicata. Challenging them by way of cassation. Permissible regardless of the court that rPleadings — Part Three · Source page 251
  17. Principle 1612Bringing an appeal. Its effect. Transferring the subject matter of the dispute to the court of second instance and defining its scope within the limits of what was appealed. Those rulings of the first-instance judgment fPleadings — Part Three · Source page 251
  18. Principle 1613The provisions of bankruptcy rules. Are considered matters of public policy. A judgment declaring bankruptcy is for the benefit of all creditors, even if they were not parties to the proceedings.Pleadings — Part Three · Source page 251
  19. Principle 1614Judgments that have acquired res judicata effect. Binding as to the dispute they have determined. That effect may not be overturned by new factual evidence or legal arguments not previously raised in the first action. ThPleadings — Part Three · Source page 251
  20. Principle 1616Ownership claims whose holders submitted applications to the Municipality before the promulgation of Law 18 of 1969 and which had not been surveyed on plan M/26689. They are deemed to belong to their owners once ownershiPleadings — Part Three · Source page 251
  21. Principle 1617The authority of res judicata precluding the resubmission of the dispute concerning an issue finally adjudicated. Its criterion. - 251 - ProcedurePleadings — Part Three · Source page 251
  22. Principle 1618A judgment open to challenge. Its binding authority is provisional and is suspended upon its appeal until it is upheld, whereupon its binding authority returns, or reversed, whereupon that binding authority ceases. - SusPleadings — Part Three · Source page 252
  23. Principle 1619The authority of res judicata precluding renewed dispute over the adjudicated issue. Its nature. The ruling contained in the operative part, rather than the reasons, is what acquires binding authority. The exception. WhePleadings — Part Three · Source page 252
  24. Principle 1620Inferring waiver of a judgment. Among the matters of fact falling within the authority of the court of the merits. So long as it is sound. An example. - The judgment creditor's waiver of the judgment. Entails waiver of tPleadings — Part Three · Source page 252
  25. Principle 1623Res judicata effect attaches to the operative part and the reasons closely connected with the operative part. Example. - 252 - ProcedurePleadings — Part Three · Source page 252
  26. Principle 1624The force of res judicata. Its condition. Identity of subject matter, parties, and direct cause in the 2 actions. A tenancy example concerning different parties in 2 actions.Pleadings — Part Three · Source page 253
  27. Principle 1625Subjecting a judicial ruling to another judicial ruling of equal degree. Impermissible. - The court's determination of an issue presented to it. Its effect. Exhaustion of its jurisdiction over that issue. It may not detePleadings — Part Three · Source page 253
  28. Principle 1626The authority of a judgment. Its criterion: identity of the parties, subject matter, and cause in the 2 actions. Determining whether the subject matter is identical or different. A matter for the court of merits. Its conPleadings — Part Three · Source page 253
  29. Principle 1627The effect of a judgment does not reach, nor does its res judicata authority extend to, a particular successor. The exception.Pleadings — Part Three · Source page 253
  30. Principle 1628A person in whose favour a judgment has been issued has no interest in challenging it by appeal, whatever the grounds upon which it was based. The implication. Those grounds acquire no binding authority against him.Pleadings — Part Three · Source page 253
  31. Principle 1629What the court actually considers and concerning which it expresses a conclusive determination. Acquires the authority of res judicata precluding renewed dispute over the adjudicated issue. What the court did not addressPleadings — Part Three · Source page 253
  32. Principle 1630Adversarial intervention. Its nature. The application to intervene must be determined before determining the subject matter of the original action. The reason for this. It enters into the heart of the action and determinPleadings — Part Three · Source page 253
  33. Principle 1631A judgment ordering evidentiary investigation of the action or appointing an expert. It does not acquire res judicata authority. The implication: it may be reversed. The rationale for this.Pleadings — Part Three · Source page 254
  34. Principle 1632The authority of res judicata barring the resubmission of the dispute. Its criterion. The parties’ contesting the matter in the first action and its truth being settled between them by the first judgment. The necessary cPleadings — Part Three · Source page 254
  35. Principle 1633Rendering a judgment in a litigant's absence without serving him with the statement of claim, or serving him at a fictitious domicile. Deprives it of one of its essential elements. The implication thereof: it has no bindPleadings — Part Three · Source page 254
  36. Principle 1634The binding authority of judgments. Confined to the parties to the litigation therein. No person may benefit from or be prejudiced by a judgment to which he was not a party.Pleadings — Part Three · Source page 254
  37. Principle 1635Res judicata effect. Its criterion. - Res judicata effect. Its condition: the cause in the second must be the very same cause as in the first. Similarity is insufficient. - Identity of cause. Exists where the legal sourcPleadings — Part Three · Source page 254
  38. Principle 1636What the court of first instance has determined and has not been the subject of an appeal acquires the force of res judicata. Its effect. - The appellant's restriction of his claims in the notice of appeal to the amount Pleadings — Part Three · Source page 254
  39. Principle 1637A ruling that an action may not be heard because it has previously been adjudicated. Its conditions. Identity of subject matter, parties, and cause. Absence of any one of these conditions. Its effect. Such a ruling must Pleadings — Part Three · Source page 255
  40. Principle 1638The binding authority of a first-instance judgment. Suspended upon the mere filing of an appeal against it and until the appeal is determined. If it is affirmed, the judgment acquires the force of res judicata; if it is Pleadings — Part Three · Source page 255
  41. Principle 1639The issue of subject-matter or value-based jurisdiction. It is considered always present in the proceedings and submitted to the court of merits. The court must rule on it of its own motion even if it has not been pleadePleadings — Part Three · Source page 255
  42. Principle 1640An evidentiary judgment. When it acquires the force of res judicata. - The court may depart from evidentiary measures it has ordered. The condition thereof. An example concerning a judgment ordering interrogation.Pleadings — Part Three · Source page 255
  43. Principle 1641A judgment rendered on the basis of refusal to take an oath. Acquires the force of res judicata. It may not be challenged by any method of challenge unless the challenge is based on the permissibility of tendering the oaPleadings — Part Three · Source page 255
  44. Principle 1642The decisive oath. It may not be tendered on questions of law. The reason for this: determining the rule of law is the province of the judge alone, not the litigant. - A claim for interest, whether statutory or contractuPleadings — Part Three · Source page 255
  45. Principle 1643Third-party opposition. Its nature. Its condition: the opponent must prove fraud, collusion or gross negligence by the person who represented him in the action. Its implication: it is inadmissible from a person to whom tPleadings — Part Three · Source page 256
  46. Principle 1644Appeal. Its criterion. The appellant's claims stated at the conclusion of the statement of appeal. The first-instance judgment becomes irrevocable as to matters other than those claims. They may not be discussed anew befPleadings — Part Three · Source page 256
  47. Principle 1645Judgments rendered by courts of second instance may be challenged by a petition for reconsideration. Their susceptibility to cassation appeal, or their actually being challenged thereby, does not preclude challenging thePleadings — Part Three · Source page 256
  48. Principle 1646Judgments that have acquired the force of res judicata. Conclusive as to what they have determined. The same parties may not raise anew disputes settled by the court, even on legal or factual evidence raised or not previPleadings — Part Three · Source page 256
  49. Principle 1647Methods of challenging judgments. The legislature exhaustively prescribed them in accordance with specified time limits and particular procedures. Grounds of defect that may affect judgments may not be examined except byPleadings — Part Three · Source page 256
  50. Principle 1648A final judgment. Is a judgment possessing the force of res judicata because it is not open to challenge by ordinary methods of challenge, even if challenged by cassation or a petition for reconsideration. Article 273 ofPleadings — Part Three · Source page
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