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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. - قابلية الحكم للطعن

    Principle 1827The criterion for the impermissibility of challenging judgments rendered on the basis of a decisive oath is that its tendering, taking or refusal be in accordance with the law.Pleadings — Part Three · Source page 294
  2. Principle 1828A judgment appointing arbitrators. Prohibition on challenging it by any means. What goes beyond that. Falls outside the scope of the prohibition.Pleadings — Part Three · Source page 294
  3. Principle 1829The impermissibility of challenging judgments rendered on the basis of a decisive oath. Its criterion. That the tendering of the oath, its taking, or refusal to take it conform to the law. Example.Pleadings — Part Three · Source page 294
  4. Principle 1830A ruling on the unconstitutionality of laws, decree-laws and regulations. Methods of challenging them. Jurisdiction over the challenge. Vested exclusively in the Committee for Examination of Challenges at the ConstitutioPleadings — Part Three · Source page 294
  5. Principle 1831The prohibition on challenging a judgment appointing an arbitrator. Its criterion. The arbitrator’s determination of a preliminary issue resulting in granting the application to appoint the arbitrator. Its effect. It mayPleadings — Part Three · Source page 294
  6. Principle 1832Appeal against a judgment awarding an auction sale. Its cases. They are exhaustively enumerated. - 294 - Civil ProcedurePleadings — Part Three · Source page 294
  7. Principle 1833Judgments issued by the court of first instance in a final capacity. The general rule is that they may not be appealed. The exception. A provision to the contrary, or where they are void, are based on void procedures, orPleadings — Part Three · Source page 295
  8. Principle 1834Amending the monetary threshold for final-instance jurisdiction of the Court of First Instance to five thousand dinars instead of one thousand. Its coverage of all disputes, including labor disputes. This amendment appliPleadings — Part Three · Source page 295
  9. Principle 1835The Challenges Examination Committee at the Constitutional Court. It alone has jurisdiction to determine challenges against judgments finding that a dispute concerning the constitutionality of laws, decree-laws, and reguPleadings — Part Three · Source page 295
  10. Principle 1838What determines which first-instance rulings are challenged on appeal is the claims contained in the statement of appeal, not its grounds. The court of first instance’s ruling on those claims not submitted becomes final Pleadings — Part Three · Source page 295
  11. Principle 1839Issuance of a judgment concerning a joint and several obligation. Its effect. A judgment debtor who has missed the time limit for challenging it or has accepted it may challenge it during consideration of an appeal brougPleadings — Part Three · Source page 295
  12. Principle 1840A judgment rendered during the action that does not terminate the entire proceedings. The rule is that an independent challenge thereto is impermissible. Example.Pleadings — Part Three · Source page 296
  13. Principle 1841A judgment rendered during the course of an action that does not terminate the entire litigation. The principle is that an independent challenge against it is impermissible. Example concerning a judgment that did not terPleadings — Part Three · Source page 296
  14. Principle 1842Rules concerning the impermissibility of appealing judgments rendered within the court of first instance’s final jurisdictional value limit. Their relation to public policy. Exceptions thereto. Invalidity in the judgmentPleadings — Part Three · Source page 296
  15. Principle 1844A judgment rendered during the course of the action that does not terminate the entire proceedings. The rule is that challenging it independently is impermissible. - A judgment expelling the non-Kuwaiti partner without vPleadings — Part Three · Source page 296
  16. Principle 1845Judgments rendered by the Juvenile Court imposing reprimand, placement in another's care, judicial probation, or placement in a therapeutic institution may not be challenged by any means of challenge, including oppositioPleadings — Part Three · Source page 296
  17. Principle 1846A judgment rendered during the course of an action that does not terminate the entire proceedings. The general rule is that a separate challenge thereto is impermissible. Example.Pleadings — Part Three · Source page 297
  18. Principle 1847The final-instance monetary threshold of the Court of First Instance. Its application to labour disputes. The rationale for this. Decree-Law 46/1987 establishing a labour circuit at the Court of First Instance. Its proviPleadings — Part Three · Source page 297
  19. Principle 1848Appealing a judgment issued within the final-instance monetary jurisdiction of the court of first instance. Its conditions.Pleadings — Part Three · Source page 297
  20. Principle 1850Litigants may challenge by cassation an appellate judgment vitiated by a violation of the law or an error in its application, or where there is nullity in the judgment or nullity in the proceedings that affected the judgPleadings — Part Three · Source page 297
  21. Principle 1851Judgments rendered by a court other than the Court of Appeal. They may not be challenged by cassation unless they determined the dispute contrary to another judgment previously rendered between the same parties that acquPleadings — Part Three · Source page 297
  22. Principle 1852The impermissibility of appealing judgments rendered as final by courts of first instance except in specified circumstances, including invalidity in the judgment. Deficiency in the judgment’s factual reasons entails its Pleadings — Part Three · Source page 297
  23. Principle 1853The parties may challenge by cassation any final judgment that determined a dispute contrary to another judgment previously rendered between the same parties and having acquired the force of res judicata. The determiningPleadings — Part Three · Source page 298
  24. Principle 1854An action is not deemed of indeterminate value unless brought for relief of unassessed value or whose value cannot be assessed. Example of a labor action whose value can be assessed. - Inadmissibility of an appeal becausPleadings — Part Three · Source page 298
  25. Principle 1855A judgment issued in disputes concerning maintenance. May be appealed regardless of the value of the action. - Judgments issued in matters of inheritance, wills, waqf, and dower are final if their value does not exceed 5Pleadings — Part Three · Source page 298
  26. Principle 1856The first-instance judgment. When it is final. - The general rules in the Civil Procedure Law are those applicable to whether judgments rendered in labour disputes are appealable.Pleadings — Part Three · Source page 298
  27. Principle 1857The general principle is that every judgment rendered during the course of an action is not subject to independent challenge. The exception: interim or urgent judgments, judgments staying the action, or substantive judgmPleadings — Part Three · Source page 298
  28. Principle 1858The impermissibility of challenging judgments rendered during the proceedings until the judgment concluding the entire dispute has been rendered and the latter judgment is amenable to challenge. Exceptions thereto. ExampPleadings — Part Three · Source page 298
  29. Principle 1859Appeal in cassation is confined to judgments rendered by the Court of Appeal and final judgments that determine a dispute contrary to another judgment previously rendered between the same parties and having acquired the Pleadings — Part Three · Source page 299
  30. Principle 1860Issuance of a judgment by the Rentals Circuit of the Court of Appeal in an ordinary rental dispute subject to the provisions of Decree-Law 35 of 1978 concerning the Leasing of Premises. It may not be challenged by way ofPleadings — Part Three · Source page 299
  31. Principle 1862A cassation appeal is an exceptional means of challenging judgments rendered by the Court of Appeal and any final judgment, regardless of the court that rendered it, if it determined a dispute contrary to another judgmenPleadings — Part Three · Source page 299
  32. Principle 1863An incidental appeal may not be brought after the original appeal has been instituted and the respondent has accepted the judgment. This relates to public policy. The implication: it may be invoked for the first time befPleadings — Part Three · Source page 299
  33. Principle 1864The prohibition on challenging a judgment appointing an arbitrator unless the judgment exceeds this scope. The reason thereof. An example of a judgment’s susceptibility to appeal. - A judgment’s adjudication of the litigPleadings — Part Three · Source page 299
  34. Principle 1865Judgments rendered by the court of first instance as final judgments may not be appealed unless the law provides otherwise, or they were rendered contrary to a previous judgment that has not acquired the force of res judPleadings — Part Three · Source page 300
  35. Principle 1866Appeal against a judgment awarding the auction. Its cases. They are exhaustively enumerated. Nullity of the procedures preceding the sale hearing falls outside those cases. The reason therefor.Pleadings — Part Three · Source page 300
  36. Principle 1867The proceedings whose termination is considered are the original proceedings constituted between the two parties to the litigation. - A judgment declining subject-matter jurisdiction and referring the case is a judgment Pleadings — Part Three · Source page 300
  37. Principle 1868The impermissibility of appealing judgments rendered as final by courts of first instance. The cases in which this is permissible. Their nature. A judgment’s contradiction of what is established in the case papers. InvalPleadings — Part Three · Source page 300
  38. Principle 1869Judgments rendered by the Court of Cassation may not be challenged by any avenue of appeal. This applies to all judgments, whether their ruling is confined to determining the appeal or includes determination of the meritPleadings — Part Three · Source page 300
  39. Principle 1870The Court of First Instance's final-instance monetary threshold of five thousand dinars covers all disputes that the said court has jurisdiction to determine at first instance. - The rule is that judgments rendered by thPleadings — Part Three · Source page 300
  40. Principle 1871Appeal against the judgment terminating the proceedings. Its effect is to appeal all previously rendered judgments that are not open to challenge pursuant to Article 128 of the Civil Procedure Law. The condition for thisPleadings — Part Three · Source page 301
  41. Principle 1872Prohibition of challenging judgments issued by the Court of Cassation through any ordinary or extraordinary method of challenge. A judgment issued by it may be set aside if one of the grounds of disqualification existed Pleadings — Part Three · Source page 301
  42. Principle 1874The court’s complete omission of some claims. The means of remedying it. - A judgment’s determination of claims is either express or implicit. The phrase “and dismissed all other claims” appearing in the operative part. Pleadings — Part Three · Source page 301
  43. Principle 1875Judgments rendered during the course of an action, whatever their type, may not be challenged separately before the final judgment terminating the litigation therein is rendered. The exception. Example: a judgment recordPleadings — Part Three · Source page 301
  44. Principle 1876A judgment may not be challenged on account of an omission to determine one of the substantive claims. Recourse must be had to the court that rendered that judgment to remedy what it omitted to adjudicate. Example.Pleadings — Part Three · Source page 302
  45. Principle 1877Rules concerning the impermissibility of appealing judgments rendered within the final jurisdictional value limit of courts of first instance are rules relating to public policy. They may be appealed in the event of invaPleadings — Part Three · Source page 302
  46. Principle 1878Judgments issued in personal-status matters. The general rule is that they are appealable regardless of the value of the dispute. The exception: matters relating to inheritance, wills, endowments, and dower. A judgment iPleadings — Part Three · Source page 302
  47. Principle 1880Judgments rendered during the course of proceedings before the final judgment terminating them. They may not be challenged independently. Exception. Provisional and urgent judgments, judgments staying the action, and judPleadings — Part Three · Source page 302
  48. Principle 1881Judgments rendered as final by courts of first instance may not be appealed unless the law provides otherwise, or they were rendered contrary to a prior judgment that has not acquired the force of res judicata, or are afPleadings — Part Three · Source page
  49. Principle 1882The Court of Cassation, sitting in chambers, rules that the challenge is inadmissible if the grounds for doing so are present. Its decision in that regard constitutes a conclusive, decisive judgment terminating the procePleadings — Part Three · Source page
  50. Principle 1883The decisive oath is the recourse of the party requesting it when that party lacks other means of proof which the law permits to be submitted to demonstrate the validity of what that party claims. To whom it is tendered Pleadings — Part Three · Source page
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