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. - بوجه عام

    Principle 1769The relative effect of a challenge. Its implication and effect. - The excepted cases in which a litigant benefits from a challenge lodged by another. Judgments rendered on an indivisible subject matter, a joint and severPleadings — Part Three · Source page 283
  2. Principle 1770The time limit for challenging a judgment. The principle governing its commencement: from the date it is rendered, apart from the excepted cases. Article 129 of the Code of Procedure.Pleadings — Part Three · Source page 283
  3. Principle 1771Prohibition of separate challenges against all judgments rendered during the proceedings and before the final judgment concluding the entire dispute, except those exhaustively excepted. The rationale for this rule. - 283Pleadings — Part Three · Source page 283
  4. Principle 1772A statement of claim containing two claims differing in subject matter, cause and parties. They are regarded as two independent actions joined in one statement. The judgment issued in each may be challenged independentlyPleadings — Part Three · Source page 284
  5. Principle 1774The court of merits knowingly awarding what the litigants did not request or more than they requested. Challenge thereto is by way of cassation. Its ruling without intending to exceed those claims. Challenge thereto is bPleadings — Part Three · Source page 284
  6. Principle 1776The rule that the effect resulting from filing an appeal is relative. Three cases fall outside it, including a judgment concerning a joint and several obligation. Example.Pleadings — Part Three · Source page 284
  7. Principle 1778Rectifying the court's omission to determine substantive claims. The means thereof. Returning to the same court, not challenging the judgment. Example. - 284 - Civil ProcedurePleadings — Part Three · Source page 284
  8. Principle 1779An objection by a person outside the proceedings is not a means of challenging judgments. Its true nature: intervention in proceedings after judgment has been rendered, by a person authorized by the legislature. ConditioPleadings — Part Three · Source page 285
  9. Principle 1780A judgment may be challenged only by a person who was a party to the proceedings and disputed his opponent’s allegations and claims, or whose opponent disputed his allegations and claims, with this dispute continuing untPleadings — Part Three · Source page 285
  10. Principle 1781Commencement of the time limit for challenging a judgment. The general rule is that it runs from the date of pronouncement of the judgment. The exception: from the date of service of the judgment. These include the case Pleadings — Part Three · Source page 285
  11. Principle 1782A lawyer must sign the petition of challenge. Omission thereof entails the absolute nullity of the challenge, which the court declares of its own motion because it relates to public policy. Example.Pleadings — Part Three · Source page 285
  12. Principle 1783A claim for compensation for vexatious litigation made for the first time before the court hearing the challenge. Its criterion. - Compensation for damage arising from the initial bringing of the action. Must be sought bPleadings — Part Three · Source page 285
  13. Principle 1784Judgments may be challenged only by a person who was a party to the dispute determined by the challenged judgment, and in the same capacity in which he was joined. No particular place in the statement of challenge is reqPleadings — Part Three · Source page 286
  14. Principle 1786The time limit for challenging a judgment runs from the date it is rendered unless the law provides otherwise. Example.Pleadings — Part Three · Source page 286
  15. Principle 1787A judgment rendered on the basis of a decisive oath has the force of res judicata. A challenge thereto by any avenue for challenging judgments is inadmissible. The exception: a challenge based on nullity in the procedurePleadings — Part Three · Source page 286
  16. Principle 1788Judgments rendered during the course of an action, of whatever kind, may not be challenged independently before issuance of the final judgment terminating the litigation therein. The exception. Example: a judgment recordPleadings — Part Three · Source page 286
  17. Principle 1789Judgments rendered during the proceedings before the final judgment terminating them. May not be challenged independently. Exception. Interim and urgent judgments, judgments staying the action, and judgments on part of tPleadings — Part Three · Source page 286
  18. Principle 1790Prohibition of a direct challenge to judgments issued during the course of an action that do not terminate the entire proceedings, even if they terminate part of the proceedings. The exception. Example.Pleadings — Part Three · Source page 287
  19. Principle 1791The general rule concerning commencement of the time limit for challenging a judgment is that it runs from the date of its pronouncement. The excepted cases in which the time limit runs from the date of service of the juPleadings — Part Three · Source page 287
  20. Principle 1792The court of first instance’s omission to determine a substantive claim. How it is remedied. By returning to the same court to determine it. This relates to public policy. The reason thereof.Pleadings — Part Three · Source page 287
  21. Principle 1793Judgments concerning procedural form without touching the merits. Do not exhaust the jurisdiction of the court of first instance. The implication thereof. Remittal to it is obligatory. Example.Pleadings — Part Three · Source page 287
  22. Principle 1794The female defendant's attendance at hearings in person. Its effect. The time limit for challenging the judgment begins on the date of its issuance. Example.Pleadings — Part Three · Source page 287
  23. Principle 1795The criterion for admitting a claim for compensation for malicious litigation for the first time before the court hearing the challenge. That the basis of the claim be maliciousness in the challenge itself or in the mannPleadings — Part Three · Source page 287
  24. Principle 1796Challenging a judgment. Conditions for its admissibility. - Permissibility of challenging judgments. Its relation to public policy. Its effect. - 287 - ProcedurePleadings — Part Three · Source page 287
  25. Principle 1797Omission to determine some claims. The means of remedying it is to return to the same court that omitted to determine it. The judgment may not be challenged for this reason.Pleadings — Part Three · Source page 288
  26. Principle 1798Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them of their own motion, even if they were not previously invoked before the court of merits or in the statement of challengPleadings — Part Three · Source page 288
  27. Principle 1799Subjecting one adjudication to another of equal level. Is impermissible. - The court’s determination of one of the issues submitted to it. Its effect. Exhaustion of its jurisdiction in respect thereof. It may not determiPleadings — Part Three · Source page 288
  28. Principle 1800Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the petition of appeal, provided their elements were before the court of merits when it adjudicPleadings — Part Three · Source page 288
  29. Principle 1801An order prohibiting a debtor from travelling. A grievance against it is brought through the ordinary procedures for bringing an action and may be brought incidentally to the original action through the procedures for inPleadings — Part Three · Source page 289
  30. Principle 1802Challenging a judgment by an independent nullity action. The general rule is that it is impermissible. The rationale for this. The legislature exhaustively prescribed the methods of challenging judgments and laid down spPleadings — Part Three · Source page 289
  31. Principle 1804The law's making commencement of a time limit dependent on a specified procedure. Its effect. That procedure may not be replaced by any other procedure. The implication thereof. Service of the judgment that commences thePleadings — Part Three · Source page 289
  32. Principle 1805Commencement of the time limit for challenging a judgment. The general rule is that it runs from the date of pronouncement of the judgment. The exception. Its cases include the failure of the party against whom judgment Pleadings — Part Three · Source page 290
  33. Principle 1806Judgments issued during the course of litigation. May not be challenged before issuance of the judgment terminating the entire litigation. The exception. Its instances. Article 128 of the Civil Procedure Law. A judgment Pleadings — Part Three · Source page 290
  34. Principle 1807Third-party opposition. Its nature. Its condition: proof by the opponent of fraud, collusion, or gross negligence by the person who represented him in the action. Its implication: it is inadmissible from a person to whomPleadings — Part Three · Source page 290
  35. Principle 1808Judgments rendered with final effect by courts of first instance. Challenging them. The cases in which this is permissible. - 290 - Civil ProcedurePleadings — Part Three · Source page 290
  36. Principle 1809Methods of challenging judgments. The legislature has exhaustively prescribed them according to specified time limits and particular procedures. Grounds of defects that may affect judgments may not be examined except by Pleadings — Part Three · Source page 291
  37. Principle 1810The circuit constituted at the Court of First Instance pursuant to Decree-Law 57/1982 and Decrees 59/1982, 75/1983, 100/1983. Its subject-matter jurisdiction to decide what the arbitration panel used to decide, namely diPleadings — Part Three · Source page 291
  38. Principle 1811The challenger's right to challenge. It derives from his procedural position arising upon issuance of the challenged judgment without achieving his objective and in a manner inconsistent with his claim. Its cases. It necPleadings — Part Three · Source page 291
  39. Principle 1812The time limit for challenging judgments. From the date of their pronouncement. Its extension, if its end coincides with an official holiday, to the first working day thereafter. The basis and effect thereof. Example.Pleadings — Part Three · Source page 291

  40. - إجراءات الطعن

    Principle 1813Valid issuance of a judgment. Examination of its defects is through the prescribed methods of challenge. - 291 - Civil Procedure - Bringing an original action for nullity of the judgment or pleading its nullity. Cases thPleadings — Part Three · Source page 291
  41. Principle 1814The grounds of challenge relied upon by the appellant. Evidence establishing their validity must be submitted upon filing the petition. The reason for this. An example concerning the allegation of kinship between the prePleadings — Part Three · Source page 292

  42. - قابلية الحكم للطعن

    Principle 1818A judgment appointing arbitrators. It is not subject to challenge by any ordinary or extraordinary method of challenge. - 292 - ProcedurePleadings — Part Three · Source page 292
  43. Principle 1819The time limit for appeal. 30 days from the date of issuance of the judgment. Articles 129, 141 of the Civil Procedure Law. Extension of the time limit if the last day coincides with an official holiday. Article 17 of thPleadings — Part Three · Source page 293
  44. Principle 1820The time limit for challenging a judgment. From the date of its rendition, unless the party against whom judgment was rendered failed to attend all hearings and did not submit a memorandum of defence, in which case it bePleadings — Part Three · Source page 293
  45. Principle 1821Judgments that may be challenged by cassation. Article 152 of the Code of Procedure. A judgment rendered by the Court of First Instance sitting in an appellate capacity on an objection to the enforcement of an arbitral aPleadings — Part Three · Source page 293
  46. Principle 1822Judgments may be challenged only by the party against whom judgment was rendered. Article 127, Procedure. The criterion for identifying a litigant in the action. Claims being made by or against him. The implication therePleadings — Part Three · Source page 293
  47. Principle 1823Judgments rendered during the course of the action and before the concluding judgment terminating the entire proceedings. May not be challenged independently. The exception: Article 128 of the Civil Procedure Law. The mePleadings — Part Three · Source page 293
  48. Principle 1824Inadvertent omission to determine some requests. The means of remedying it. Returning to the same court that rendered the judgment to determine them. However, if it follows from the judgment's reasons or operative part tPleadings — Part Three · Source page
  49. Principle 1825A judgment rendered during the course of an action that does not terminate the entire litigation. Challenging it independently before the judgment terminating the litigation is rendered. Not permissible. A judgment settiPleadings — Part Three · Source page
  50. Principle 1826Judgments that do not conclude the entire dispute. Challenging them separately. Impermissible. Excepted are: provisional and urgent judgments, judgments staying the action, and judgments amenable to compulsory enforcemenPleadings — Part Three · Source page
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