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 1649The single fundamental issue. Settlement of its truth between the litigants. Precludes its reconsideration by a new judgment, even on legal or factual evidence not previously raised, or raised but not examined by the judPleadings — Part Three · Source page 257- Principle 1650What is not addressed by the statement of appeal. The court of first instance's ruling thereon becomes final and acquires the force of res judicata, which prevails over considerations of public policy. It may not be discPleadings — Part Three · Source page 257
- Principle 1651Res judicata effect. Its criterion: identity of the parties, cause and subject matter in the two actions. - Identity of subject matter. When it is established. What the court has not actually examined. Cannot be the subjPleadings — Part Three · Source page 257
- Principle 1652Res judicata barring resubmission of a dispute concerning an issue finally adjudicated. Its criterion: identity of the fundamental issue in both actions. Different claims or causes in the two actions do not alter this. -Pleadings — Part Three · Source page 257
- Principle 1654What the court has not actually considered and determined cannot be the subject of a judgment possessing the force of res judicata. The basis thereof.Pleadings — Part Three · Source page 258
- Principle 1655Issuance of a final judgment establishing a right and its acquisition of the force of res judicata. Its effect. That right becomes subject to a fifteen-year limitation period, whatever its limitation period may be. - A jPleadings — Part Three · Source page 258
- Principle 1656A final adjudication has the authority of res judicata as to what it has determined between the parties expressly or by necessary implication. The effect of this authority: preventing the parties to the action in which tPleadings — Part Three · Source page 258
- Principle 1657A request to appoint an expert to examine and verify title documents in preparation for assessing the damage resulting from failure to register the land. The substance and basis of the request is the assertion of ownershPleadings — Part Three · Source page 258
- Principle 1658The binding authority of a judgment. Is established in respect of the litigation it determined expressly or by necessary implication, whether in the operative part or in the grounds without which the operative part cannoPleadings — Part Three · Source page 258
- Principle 1659The very same issue, where it is general and comprehensive and its establishment or non-establishment results in a ruling establishing or negating the partial right sought in the action. That ruling acquires res judicataPleadings — Part Three · Source page 259
- Principle 1660Definitive judgments. These are judgments that put an end to the dispute in its entirety or in part, or to an issue arising from it, through a conclusive determination from which the court cannot retreat. Such judgments Pleadings — Part Three · Source page 259
- Principle 1661A ruling rejecting and invalidating the efficacy of a document for forgery. Applies to the document itself and therefore does not prevent proof that what it contains occurred by any legally admissible evidence. The reasoPleadings — Part Three · Source page 260
- حجية الأحكام الصادرة في مسائل الأحوال الشخصية
Principle 1662The court's determination of a plea of lack of jurisdiction by acceptance or rejection. Its effect: its judgment in this respect acquires the binding authority of res judicata even if contrary to public policy. It becomePleadings — Part Three · Source page 260- Principle 1663Judgments rendered in personal status matters that admit of change and alteration due to changed circumstances. Their res judicata effect is temporary. An example concerning a custody judgment.Pleadings — Part Three · Source page 260
- Principle 1664Judgments rendered in certain personal status matters. Their res judicata effect is temporary. The reason for this. Their susceptibility to amendment and change. - Res judicata precluding renewed litigation of a fundamenPleadings — Part Three · Source page 260
- Principle 1665Judgments rendered in personal-status matters. Their binding effect is temporary. The reason therefor. Their susceptibility to change and modification as circumstances change. Example concerning custody judgments.Pleadings — Part Three · Source page 260
- Principle 1666The court’s dismissal of an action to establish divorce. This judgment not being set aside. Its import is that this judgment acquires the force of res judicata. Example. - 260 - Civil ProcedurePleadings — Part Three · Source page 260
- Principle 1667Custody judgments have temporary res judicata authority. They are amenable to change and alteration, and may be set aside as their grounds and the circumstances in which they were rendered change. The rationale for this.Pleadings — Part Three · Source page 261
- Principle 1668A judgment concerning lineage has res judicata effect only against a person who was a party to the proceedings therein. The import of this. - Adherence to res judicata between the same parties is the fairest course amid Pleadings — Part Three · Source page 261
- Principle 1669Judgments rendered in personal-status matters. Have temporary binding effect. The reason therefor. Their susceptibility to change and alteration.Pleadings — Part Three · Source page 261
- حجية الحكم الجزائي أمام المحاكم المدنية
Principle 1677The existence of fault is a condition for liability for one's own acts, whether the damage is caused directly or indirectly. The burden of proving this fault. Rests upon the person alleging it The authority of a criminalPleadings — Part Three · Source page 262- Principle 1678The binding authority of a criminal judgment before the civil judge. That which relates to the occurrence of the offence, its legal characterization and its attribution to its perpetrator.Pleadings — Part Three · Source page 262
- Principle 1679The binding authority of a judgment rendered in criminal matters before the civil court. Its scope. The facts necessarily determined by it concerning the occurrence of the act constituting the common basis of the criminaPleadings — Part Three · Source page 262
- Principle 1680The judgment rendered in criminal proceedings. The criterion for its binding authority in civil proceedings.Pleadings — Part Three · Source page 263
- Principle 1681Res judicata effect precluding the dispute from being raised again. Its criterion. The judgment’s determination of an unchanging fundamental issue contested by the parties in the first action, the truth of which was settPleadings — Part Three · Source page 263
- Principle 1682The binding effect of a criminal judgment before civil courts. Its conditions: its necessarily deciding the substance of the act constituting the common basis of the criminal and civil actions, the legal characterizationPleadings — Part Three · Source page 263
- Principle 1684Res judicata precluding the renewed submission of a dispute. Its prerequisite. The judgment must have determined an unchanging fundamental issue contested by the parties in the first action, whose truth was conclusively Pleadings — Part Three · Source page 264
- Principle 1685The binding authority of a criminal judgment before civil courts. Its conditions: its necessary determination of the act constituting the common basis of the criminal and civil actions, the legal characterization of the Pleadings — Part Three · Source page 264
- Principle 1686The criminal judgment's acquittal of those charged by the Public Prosecution with torturing the respondent to induce him to confess. Its res judicata effect is confined to negating proof of the assault against those persPleadings — Part Three · Source page 265
- حجية الحكم الوقتي
Principle 1687Criminal judgment. The prerequisite and limits of its binding effect before civil courts. - The criminal court's acquittal of the appellant of the charge of unintentionally causing a fire in his car, resulting in the firPleadings — Part Three · Source page 265- حجية الحكم بإلغاء أمر الحجز
Principle 1688The judgment issued on the grievance against the order of the judge of provisional matters authorizing attachment of the debtor’s property held by third parties and provisionally assessing the attaching creditor’s debt. Pleadings — Part Three · Source page 265- حجية الأحكام المستعجلة
Principle 1689A final judgment canceling an attachment order before determination of the action for validation of the attachment effected pursuant to an order of the judge of interim matters, even if it is an interim judgment issued oPleadings — Part Three · Source page 265- Principle 1690Urgent judgments. Provisional, with no binding authority before the court of the merits when determining the substantive right.Pleadings — Part Three · Source page 266
- حجية حكم الإثبات
Principle 1691Urgent judgments do not have res judicata effect and do not decide the substance of the right, being provisional judgments enforceable by operation of law. - The binding effect of an evidentiary judgment:-Pleadings — Part Three · Source page 266- حجية الأحكام الصادرة في الدعاوى الدستورية
Principle 1694Judgments rendered in disciplinary actions pursuant to the provisions of the Judicial Organization Law. May not be challenged by any avenue of appeal. The judgment's acquisition of the force of res judicata. Its effect. Pleadings — Part Three · Source page 267- حجية الحُكم الصادر في دعوى الحيازة
Principle 1695The binding effect of judgments rendered in constitutional actions. Absolute. Its implication: their effects extend to everyone and bind all judicial bodies. Reason: such an action is an action in rem in which the disputPleadings — Part Three · Source page 267- الأحكام الصادرة في البيوع الجبرية
Principle 1696A judgment rendered in possessory actions. Does not acquire the authority of res judicata regarding the underlying right. The reason for this. - The force of res judicata. Attaches only to the operative part of the judgmPleadings — Part Three · Source page 267- حجية الحُكم بالتعويض المؤقت
Principle 1697Appeal against a judgment awarding the auction. Its cases. - Bringing an action objecting to an auction sale. It does not necessarily entail a stay of the sale procedures. The sales judge, when a copy of its statement ofPleadings — Part Three · Source page 268- Principle 1698A judgment awarding provisional compensation which did not determine the extent of the damage or the amount of compensation. Its acquisition of the force of res judicata. Its effect. It encompasses liability in its varioPleadings — Part Three · Source page 268
- سمو الحجية على قواعد النظام العام
Principle 1699A judgment awarding provisional compensation. Acquires the force of res judicata even if it does not determine the extent of the damage and the amount of compensation. The reason for this. - The injured party may bring aPleadings — Part Three · Source page 268- حكم المحكمين
Principle 1704Awards issued by judicial arbitration tribunals. The grounds for challenging them are the grounds set out in the Civil and Commercial Procedure Law concerning petitions for reconsideration, including fraud by an opposingPleadings — Part Three · Source page 269- Principle 1705The State of Kuwait’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding authority of the arbitral award and ordePleadings — Part Three · Source page 269
- Principle 1706The arbitrators' decision acquiring finality under the Jordanian Arbitration Law. Its condition. An example concerning a request to affix the executory formula to a Jordanian arbitral award that did not satisfy the condiPleadings — Part Three · Source page 269
- Principle 1707An award is valid if signed by a majority of the arbitrators, even if one or more of them recused themselves or withdrew after the case was reserved for judgment and deliberations began. Example.Pleadings — Part Three · Source page 270
- Principle 1708Arbitration is confined to what the arbitrators intend to submit to the arbitral tribunal. - An arbitrator has no authority himself to rule on the invalidity or validity of the arbitration agreement that conferred upon hPleadings — Part Three · Source page 270
- Principle 1710The validity of an arbitral award is not measured by the very same standards themselves by which judicial judgments are measured. What suffices in this regard.Pleadings — Part Three · Source page 270
- Principle 1711An arbitrator's award may not be appealed unless the parties agreed otherwise before its issuance. - Exemption of the arbitrator from compliance with the procedures of litigation. The consequences thereof.Pleadings — Part Three · Source page 270
- Principle 1712The arbitral tribunal's award. How it is rendered, its contents and its deposit. - One or more arbitrators may refrain from signing the draft award. All arbitrators who heard the pleadings must be present for the award. Pleadings — Part Three · Source page 270
- Principle 1713An arbitrator's award may not be appealed unless the litigants agree otherwise. The appeal is then brought before the Court of First Instance sitting as an appellate court. In this respect, it is subject to the rules prePleadings — Part Three · Source page
- Principle 1714Challenging an arbitrator's award by an original action for nullity. Permissible in exhaustively specified cases. Article 186 of the Code of Procedure. These cases may not be used as a means of impugning the award on thePleadings — Part Three · Source page