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. - قابلية الحكم للطعن

    Principle 1884Prohibition of direct challenge to judgments issued during the course of an action which do not terminate the proceedings in their entirety, even if they terminate part of the proceedings. The exception to this. An exampPleadings — Part Three · Source page 303
  2. Principle 1885The judgment’s ruling that the judgment declaring lack of jurisdiction in part may not be appealed, on the basis that it is not among the excepted cases in that regard. Thus it may not be challenged except with the judgmPleadings — Part Three · Source page 303
  3. Principle 1886Challenge by cassation. It is confined to judgments rendered by the Court of Appeal in the circumstances set out in Article 152 of the Code of Procedure, and to final judgments, regardless of the court that rendered themPleadings — Part Three · Source page 303
  4. Principle 1887Final adjudication. When it acquires the force of res judicata. What the court has not considered does not acquire this binding effect. - A judgment's examination of the existence of a debt without addressing payment. ItPleadings — Part Three · Source page 303
  5. Principle 1888An appeal in cassation against a final judgment for determining a dispute contrary to a previous judgment having acquired the force of res judicata. Is permissible only if the previous judgment was rendered in an action Pleadings — Part Three · Source page 303
  6. Principle 1889What determines the claims before the court is the final claims. Omission to adjudicate one of the claims. Its consequences. - An incidental claim. Its requirements. Example. - The court's inadvertent omission to adjudicPleadings — Part Three · Source page 304
  7. Principle 1890Judgments rendered with final effect by courts of first instance. They may not be appealed. The exception. Its cases.Pleadings — Part Three · Source page 304
  8. Principle 1891A judgment issued with final effect being based on documents whose forgery was admitted or judicially established after its issuance. Its effect. The parties may petition for its reconsideration. - An allegation of forgePleadings — Part Three · Source page 304
  9. Principle 1892Rules concerning the impermissibility of appealing judgments issued by courts of first instance within their final-instance monetary jurisdiction. Their relation to public policy. Appealing them. Its instances. They may Pleadings — Part Three · Source page 304
  10. Principle 1893Express or implied acceptance of the judgment rendered in the action, before or after its rendition. Its effect: it may not be challenged. - The appellant’s female lawyer stating before the appellate court that he does nPleadings — Part Three · Source page 305
  11. Principle 1894A judgment issued on the basis of a decisive oath. Acquires the force of res judicata. It may not be challenged by any method of challenge unless the challenge is based on the invalidity of the procedures for tendering oPleadings — Part Three · Source page 305
  12. Principle 1895Challenge by cassation. Its scope. The appellant's restriction of his challenge to the judgment rendered on the basis of the decisive oath, excluding the preceding judgment that allowed the tendering of that oath and agaPleadings — Part Three · Source page 305
  13. Principle 1896Challenge by cassation. The rule is to confine it to judgments issued by the Court of Appeal and final judgments, whatever the court that issued them, if they determine a dispute contrary to another judgment previously iPleadings — Part Three · Source page 305
  14. Principle 1898Judgments rendered during the course of an action that do not terminate the litigation. They may not be challenged except together with the judgment terminating the litigation, even if they concern the merits or terminatPleadings — Part Three · Source page 306
  15. Principle 1899A decision of the Court of Cassation rendered in chambers excluding the grounds of challenge, or some of those grounds, as inadmissible. It may not be challenged by any method. The reason therefor. This decision is in suPleadings — Part Three · Source page 306
  16. Principle 1900Judgments issued by courts of first instance in a final capacity. They may not be appealed. Except in the excepted cases, including where the judgment is affected by nullity. - Deficiency in the judgment's factual groundPleadings — Part Three · Source page 306
  17. Principle 1902Assessment of the value of the action in relation to the appeal threshold. The determining factor is the parties' latest claims, not the value of what the court awarded. The reason for this. - A worker's claim to entitlePleadings — Part Three · Source page 306
  18. Principle 1903Permissibility of challenging a judgment. Its condition. - Acceptance of a judgment that precludes challenge. It must concern the judgment itself. Grounds of challenge. There is no occasion to address them until the chalPleadings — Part Three · Source page 307
  19. Principle 1905Judgments rendered during the course of proceedings which do not terminate the litigation. They may not be challenged until the judgment terminating it has been rendered. The exception. Its cases. Article 128 of the CodePleadings — Part Three · Source page 307
  20. Principle 1906What the court issues pursuant to its judicial authority. Permissibility of challenging it, unlike decisions it issues that do not have the character of judgments. - The decision issued by the bankruptcy court authorizinPleadings — Part Three · Source page 307
  21. Principle 1907The rule permitting an appeal in cassation against any final judgment, whatever the court that rendered it, if it determined a previous dispute contrary to another judgment previously rendered between the same parties anPleadings — Part Three · Source page 307
  22. Principle 1908Judgments of the Court of Cassation. They may not be challenged by any method of challenge. The reason therefor. They are the final destination in the stages of litigation. The exception: nullity of the judgment renderedPleadings — Part Three · Source page 308
  23. Principle 1909Judgments issued by the court of first instance in a final capacity. The general rule is that they may not be appealed. The exception. Its cases.Pleadings — Part Three · Source page 308
  24. Principle 1910Judgments rendered during the course of the action that do not terminate the proceedings. May not be challenged until issuance of the judgment terminating the entire proceedings. The exception. Judgments susceptible to cPleadings — Part Three · Source page 308
  25. Principle 1911A judgment rendered on the basis of refusal to take the decisive oath. It may not be challenged by any method of challenge. Exception. Cases thereof.Pleadings — Part Three · Source page 308
  26. Principle 1912Judgments rendered during the course of proceedings which do not terminate the litigation. They may not be challenged. The reason for this. The exception: judgments susceptible to compulsory enforcement. The nature of thPleadings — Part Three · Source page 308
  27. Principle 1913The defendant’s submission of an incidental claim. Assessment of the value of the action for purposes of the appeal threshold on the basis of whichever of the original or incidental claims is greater in value. The conditPleadings — Part Three · Source page 309
  28. Principle 1914A judgment rendered on the basis of the decisive oath. Acquires the force of res judicata. Its effect: it may not be challenged by any method of challenge except one based on nullity in the procedures for tendering or taPleadings — Part Three · Source page 309
  29. Principle 1915Judgments rendered by the Court of Appeal concerning leases of real property and compensation arising therefrom, over which the Rental Circuit of the Court of First Instance has jurisdiction. They may not be challenged bPleadings — Part Three · Source page 309
  30. Principle 1916Awarding something not requested by the litigants or more than they requested. Admissibility of a cassation challenge in respect thereof. Its condition. That the court state in its judgment its view of what it awarded anPleadings — Part Three · Source page 309
  31. Principle 1917Judgments rendered during the course of the action by which the proceedings do not terminate except after issuance of the judgment terminating the entire proceedings. May not be challenged independently. The reason for tPleadings — Part Three · Source page 310
  32. Principle 1918The general rule is that judgments rendered as final judgments by courts of first instance may not be appealed. The exception: where there is nullity in the judgment or nullity in the proceedings that affected the judgmePleadings — Part Three · Source page 310
  33. Principle 1920Decisions issued concerning real estate registration by endorsing the application with a requirement to supply a particular item of information which the applicant considers unwarranted, or determining the loss of prioriPleadings — Part Three · Source page 311
  34. Principle 1921Appeal against a judgment awarding an auction sale. Its cases. An error in the name of the person served in the notice of sale. The means of invoking it. Raising it by a declaration at the registry of the court to which Pleadings — Part Three · Source page 311
  35. Principle 1922Appeal in cassation against judgments rendered by the Court of Appeal. Its cases: violation of the law or error in its application or interpretation, or nullity in the judgment or nullity in the procedures affecting the Pleadings — Part Three · Source page 311
  36. Principle 1923An arbitrator's award. The rule is that it may not be appealed. Exception. Challenging it by an original action for nullity in certain cases exhaustively specified by the legislature. What those cases are. Those cases maPleadings — Part Three · Source page 311
  37. Principle 1924Judgments rendered in rental disputes by the Rentals Circuit of the Court of Appeal. They may not be challenged. The criterion. Their determination of a rental dispute requiring the application of a provision of - 311 - Pleadings — Part Three · Source page 311
  38. Principle 1925A decision striking out an action. It is not considered a judgment. The implication. It may not be challenged independently. The invalidity of the striking-out decision may be invoked when proceedings in the action are rPleadings — Part Three · Source page 312
  39. Principle 1926An award issued by an arbitral tribunal. Final and not subject to appeal. Exception. The parties agree otherwise before its issuance and the arbitrator was not authorized to settle, or was an arbitrator on appeal, or thePleadings — Part Three · Source page 312
  40. Principle 1927Challenge by cassation. Its restriction to judgments rendered by the Court of Appeal and final judgments, irrespective of the court that rendered them, where they decide a dispute contrary to another judgment previously Pleadings — Part Three · Source page 312
  41. Principle 1928Independent challenge against judgments rendered during the course of an action before the concluding judgment terminating the litigation. Impermissible except in the exhaustively and specifically excepted cases. ExamplePleadings — Part Three · Source page 312
  42. Principle 1929Judgments issued during the course of proceedings that do not terminate the litigation. They may not be challenged independently before issuance of the judgment terminating the litigation in its entirety. The exception. Pleadings — Part Three · Source page 312
  43. Principle 1930The 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 determine matters previously determined by the arbitration Pleadings — Part Three · Source page 313
  44. Principle 1932Appeal against the judgment rendered in the original action. It does not in itself bring the incidental indemnity action before the appellate court. The exception. Where the party seeking indemnity was precluded from appPleadings — Part Three · Source page 313
  45. Principle 1933A judgment issued on the basis of a decisive oath. It is not susceptible to challenge by any means of challenge. The exception. The judgment being based on a nullity in the procedures relating to tendering or taking the Pleadings — Part Three · Source page 313
  46. Principle 1934Challenges to judgments finding a dispute concerning the constitutionality of laws not serious. The Appeals Examination Committee at the Constitutional Court has exclusive jurisdiction to determine them, to the exclusionPleadings — Part Three · Source page 313
  47. Principle 1935An arbitrator's award. The rule concerning it. It may not be appealed. Exception: Its nullity may be sought. Article 186 of the Civil Procedure Law. Cases thereof. - The appellant bringing her action challenging the deciPleadings — Part Three · Source page 313
  48. Principle 1936A cassation appeal against a judgment rendered on a petition for reconsideration. Its subjection to the general rules governing cassation appeals. Its effect. A judgment rendered by the Court of Appeal declaring the petiPleadings — Part Three · Source page
  49. Principle 1937A judgment issued on the basis of taking the oath, or referring it back and refusing to take it. Acquires the force of res judicata. It may not be challenged by any method of challenge. The condition for this. That the cPleadings — Part Three · Source page
  50. Principle 1938The circuit constituted at the Court of First Instance pursuant to Decree-Law No. 42 of 1988 concerning the liquidation of situations arising from deferred share transactions. Has jurisdiction only over matters within thPleadings — Part Three · Source page
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