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 1939The susceptibility of judgments to challenge. A matter concerning public policy. - The general rule is that judgments rendered in personal status matters. Are first-instance judgments subject to appeal, irrespective of tPleadings — Part Three · Source page 314
  2. Principle 1940Issuance of a judgment concerning a joint and several obligation. Its effect. The judgment debtors who have missed the time limit for challenging it may challenge it while the challenge filed within the time limit by onePleadings — Part Three · Source page 315
  3. Principle 1941Purely clerical errors. They do not in themselves constitute a ground for challenging the judgment.Pleadings — Part Three · Source page 315
  4. Principle 1942What the court issues pursuant to its judicial authority may be challenged, unlike decisions that do not have the character of judgments. Article 127 of the Procedure Law. - Decisions of the bankruptcy judge. They may noPleadings — Part Three · Source page 315

  5. - القبول المانع من الطعن في الحكم

    Principle 1943A judgment issued during the course of litigation and before the concluding judgment terminating it. May not be challenged independently. The reason thereof. - Acquiescence precluding challenge to the judgment:-Pleadings — Part Three · Source page 315
  6. Principle 1944A challenge to a judgment by a person who has accepted it expressly or implicitly is impermissible. Assessment of the existence. Of acceptance or its absence. Within the authority of the court of merits, provided that itPleadings — Part Three · Source page 315
  7. Principle 1946Acceptance of a judgment that precludes challenge. Its condition: that this acceptance unequivocally demonstrate the judgment debtor's acquiescence in the judgment and waiver of the right to challenge it. Example.Pleadings — Part Three · Source page 316
  8. Principle 1947Merely failing to appeal a judgment within the legally prescribed time limit and bringing an incidental appeal during consideration of the original appeal and before the close of pleadings therein. Does not in itself conPleadings — Part Three · Source page 316

  9. - تعلق جواز الطعن في الأحكام بالنظام العام

    Principle 1948Failure to appeal the judgment within the time limit and lodging an incidental appeal before the close of pleadings in the appeal. This does not in itself constitute acceptance of the judgment appealed against. - The perPleadings — Part Three · Source page 316
  10. Principle 1949Challenging a judgment. Conditions for its admissibility. - The permissibility of challenging judgments. Its relation to public policy. Its effect.Pleadings — Part Three · Source page 316

  11. - القانون الذي تخضع له قواعد الطعن في الأحكام

    Principle 1950The amenability of judgments to challenge. A matter concerning public policy. - The general rule is that judgments issued in personal status matters are first-instance judgments subject to appeal regardless of the value Pleadings — Part Three · Source page 316

  12. - حصر المشرع لطرق الطعن في الأحكام

    Principle 1951Rules for challenging judgments. Are subject to the law of the country in which the action is brought and the procedures are conducted. The import of this. The law of the judge before whom the dispute is submitted appliePleadings — Part Three · Source page 317
  13. Principle 1952Methods of challenging judgments. The legislature specified them and specified the procedures and time limit for each method, and the party against whom judgment was rendered must choose the appropriate method. - FailurePleadings — Part Three · Source page 317
  14. Principle 1953The general rule concerning judgments is that they may not be challenged by an independent action for nullity. - The methods of challenging judgments. Exhaustively specified in accordance with the procedures prescribed bPleadings — Part Three · Source page 317
  15. Principle 1954Challenging a judgment by an independent nullity action. The general rule is that it is impermissible. The rationale for this. The legislature - 317 - Procedure exhaustively prescribed the methods of challenging judgmentPleadings — Part Three · Source page 317
  16. Principle 1955Non-existence of a judgment. Its condition: its lack of one of its essential elements. A defect alleged against the judgment that does not constitute a ground for its non-existence. Its consequence, if established, is thPleadings — Part Three · Source page 318

  17. - الصفة والمصلحة في الطعن في الحكم

    Principle 1956Methods 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 318
  18. Principle 1957Challenging a judgment. This is permissible only by a person who was a litigant in the dispute determined by the court and in the same capacity in which that person acted, even if that capacity was disputed.Pleadings — Part Three · Source page 319
  19. Principle 1958Litigation in a challenge may be only between those who were parties to the dispute determined by the challenged judgment.Pleadings — Part Three · Source page 319
  20. Principle 1959Identification of a litigant. Its criterion. Claims being directed by or against that person. A party joined merely to have the judgment rendered in that party's presence. Not considered a true litigant. The consequence Pleadings — Part Three · Source page 319
  21. Principle 1960The party challenging the judgment. The requirements applicable to him. Example concerning two intervening parties.Pleadings — Part Three · Source page 319
  22. Principle 1961The relative effect of procedural acts. Its implication is that only a person who brought a challenge within the time limit benefits from it, and it may be invoked only against a person against whom it was brought withinPleadings — Part Three · Source page 319
  23. Principle 1962Challenging a judgment. The condition for its admissibility. That the judgment has ruled against the challenger in some respect.Pleadings — Part Three · Source page 319
  24. Principle 1963Standing in the action. When it exists in respect of the defendant. Ascertaining the parties’ standing. Within the authority of the court of merits. Its condition. - 319 - Civil ProcedurePleadings — Part Three · Source page 319
  25. Principle 1964Ordering the losing party to pay the costs of the action. - Ordering the party who won the action to pay its costs. Falls within the authority of the court of merits. Article 121 of the Civil Procedure Law. Example.Pleadings — Part Three · Source page 320
  26. Principle 1965The principle of the relative effect of procedural acts in relation to challenging a judgment. Its implication is that, where there are multiple parties against whom judgment was rendered and only one or some of them chaPleadings — Part Three · Source page 320
  27. Principle 1966A litigant upon whom the judgment imposed no obligation whatsoever. He has no interest in challenging it.Pleadings — Part Three · Source page 320
  28. Principle 1967The respondent's right to lodge an incidental appeal. Its condition: not having accepted the judgment after the original appeal was lodged. This concerns public policy. It may be invoked for the first time before the CouPleadings — Part Three · Source page 320
  29. Principle 1968Interest is the basis for challenging a judgment. Its existence. Its basis. - 320 - Civil ProcedurePleadings — Part Three · Source page 320
  30. Principle 1969A judgment may be challenged only by someone who was a party to the litigation and disputed the opposing party's allegations and claims, or whose allegations and claims were disputed by the opposing party, with that dispPleadings — Part Three · Source page 321
  31. Principle 1970The judgment debtor’s challenge to the judgment in the capacity attributed to him therein. Does not preclude his right to deny that capacity as a ground of his challenge. Example.Pleadings — Part Three · Source page 321
  32. Principle 1971Challenging judgments. Permissible only by a party against whom judgment was rendered. - Acceptance of the judgment expressly or implicitly by a person expressly awarded all his claims. Its effect. Inadmissibility of thePleadings — Part Three · Source page 321
  33. Principle 1972Acceptance of a judgment that precludes challenge pursuant to Article 127/1 of the Code of Procedure. Its condition. That this acceptance unequivocally demonstrate the judgment debtor's acquiescence in it and waiver of tPleadings — Part Three · Source page 321
  34. Principle 1973Establishing lineage to a deceased person may only occur within an action for a right or property against a proper adversary under Sharia, because this necessitates the issuance of a judgment against him. A judgment agaiPleadings — Part Three · Source page 321
  35. Principle 1974Interest in bringing an appeal. When it is absent. An example of an ineffectual ground of challenge concerning disregarding a precautionary attachment. - 321 - Civil ProcedurePleadings — Part Three · Source page 321
  36. Principle 1975A party against whom nothing has been adjudged. Has no interest in challenging by cassation. Effect thereof: Inadmissibility of the challenge filed by that party.Pleadings — Part Three · Source page 322
  37. Principle 1976The litigation in a cassation appeal. Its restriction to those who were actual parties to the dispute determined by the challenged judgment. Joining a person in whose favor or against whom nothing was adjudged and who adPleadings — Part Three · Source page 322
  38. Principle 1977Joinder as a party to a cassation challenge. Its condition. Joining a person in whose favour or against whom nothing was adjudged, where the challenge is based on grounds unrelated to him. Inadmissible.Pleadings — Part Three · Source page 322
  39. Principle 1978Interest. The basis for admissibility of a challenge. A challenge is inadmissible unless its proponent has an interest in obtaining a judgment therein capable of securing a legal position for him distinct from that adjudPleadings — Part Three · Source page 322
  40. Principle 1979Admissibility of a cassation challenge. Its criterion. A purely theoretical interest is insufficient. Its implication. A ground which, if valid and requiring cassation of the judgment, would yield no practical benefit toPleadings — Part Three · Source page 322
  41. Principle 1980Challenging a judgment on a ground by a person lacking standing to raise it. Inadmissible.Pleadings — Part Three · Source page 322
  42. Principle 1982Challenging a judgment. Permissible by a person who was a party to the litigation in which the judgment sought to be challenged was issued. Its condition. That something was adjudged against that person in favor of the oPleadings — Part Three · Source page 322
  43. Principle 1983Joinder as a party to a challenge. Its condition. Joining a person against whom no claims were directed, who took a passive position in the proceedings, for or against whom nothing was adjudged, and where the challenge wPleadings — Part Three · Source page 323
  44. Principle 1984A person who was not personally a party to the litigation and against whom the judgment is binding may resist its invocation against him. The condition for this. Establishing fraud, collusion, or gross negligence on the Pleadings — Part Three · Source page 323
  45. Principle 1985A judgment may not be challenged by a person who has accepted it expressly or implicitly, or by a person who has been awarded all his claims. Article 127 of the Procedure Law. - Proceedings in a cassation challenge may bPleadings — Part Three · Source page 323
  46. Principle 1986Joining a party to a challenge. Its condition. Joining a person against whom no claims were directed, for or against whom nothing was adjudged, and who adopted a passive position in the litigation. Inadmissible.Pleadings — Part Three · Source page 323
  47. Principle 1988The guarantor joining the action as a litigant. Effect thereof. He is considered a party to the original proceedings notwithstanding the independence of the incidental guarantee action from the original action in all itsPleadings — Part Three · Source page 323
  48. Principle 1989A judgment rendered concerning an indivisible subject matter or a joint and several obligation, or in an action in which the law requires the joinder of specified persons. Expiry of the time limit for challenging it in rPleadings — Part Three · Source page
  49. Principle 1990The period for challenging a judgment. The general rule is that it begins on the date the judgment is pronounced. The exception is that it begins on the date of its service if the judgment debtor failed to attend all appPleadings — Part Three · Source page
  50. Principle 1991Commencement of the time limit for challenging a judgment. The general rule is from the date the judgment is rendered. The exception. From the date of service of the judgment. The excepted cases. These include where the Pleadings — Part Three · Source page
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