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. - ميعاد الطعن في الحكم

    Principle 1992Judgments ordering evidentiary procedures. They do not interrupt the consecutive progress of the action. The effect thereof. The time limit for challenging the judgment begins on the date the judgment terminating the litPleadings — Part Three · Source page 324
  2. Principle 1993The rule of the relative effect of a challenge. The exception thereto. A judgment rendered on an indivisible subject matter in a joint and several obligation or in an action in which the law requires the joinder of partiPleadings — Part Three · Source page 325
  3. Principle 1994The time limit for challenging a judgment. The principle is that it runs from the date of its pronouncement. The exception is that it does not begin until the date of service of the judgment. The exceptional case is wherPleadings — Part Three · Source page 325
  4. Principle 1995Issuance of a judgment concerning a joint and several obligation. Its effect. The judgment debtors who missed the time limit for challenging it or accepted it may challenge it during consideration of the challenge lodgedPleadings — Part Three · Source page 325
  5. Principle 1996Failure to notify a litigant that the expert has deposited his report and of the date of the hearing fixed for considering the action, and his failure to attend that hearing or submit a memorandum of his defence. Effect Pleadings — Part Three · Source page 325
  6. Principle 1997The rule concerning the time limit for challenging a judgment. It begins on the date of its pronouncement. Exception: Judgments not deemed to have been rendered in the parties' presence, and those in which the party agaiPleadings — Part Three · Source page 325
  7. Principle 1998The time limit for appealing judgments rendered in bankruptcy is fifteen days from the date of judgment, as an exception to the general rule. Its condition. It makes no difference whether the judgment declares the traderPleadings — Part Three · Source page 325
  8. Principle 1999The time limit for challenging a judgment. The general rule governing its commencement. When it begins from the date of service thereof. - Interruption of the continuity of hearings. Necessary consequence. The litigants Pleadings — Part Three · Source page 326
  9. Principle 2000Commencement of the time limit for challenging a judgment. The rule. From the date of its pronouncement. Exception. From the date of service of the judgment. Cases covered by this exception include cases where the party Pleadings — Part Three · Source page 326
  10. Principle 2001Periods for challenging judgments. How they run. Judgments in which the judgment debtor failed to attend all hearings scheduled for consideration of the action and did not submit a memorandum of defense. The periods for Pleadings — Part Three · Source page 326
  11. Principle 2002The time limit for challenging a judgment. The rule is that it begins from the date of its pronouncement. The excepted cases. Art. 129 of the Civil Procedure Law. The time limit for challenging the judgment therein beginPleadings — Part Three · Source page 326
  12. Principle 2003The time limit for challenging a judgment. The general rule is that it begins on the date of its pronouncement. Excepted cases. Article 129, Civil Procedure. The time limit for challenging therein begins on the date of sPleadings — Part Three · Source page 327
  13. Principle 2004The time limit for challenging a judgment. The general rule is that it begins from the date of its rendition. When it begins from the date of its service on the party against whom judgment was rendered.Pleadings — Part Three · Source page 327
  14. Principle 2005Service and delivery of judicial documents. Its condition. The process server must deliver the document to the person himself or at his domicile. The absence of the person himself. Its necessary consequence. His absence Pleadings — Part Three · Source page 327
  15. Principle 2006When the time limit for challenging a judgment begins. - Service of the judgment. Its procedures. - Filing the statement of appeal after the time limit. Its effect. Forfeiture of the right to appeal.Pleadings — Part Three · Source page 327
  16. Principle 2008Commencement of the time limit for challenging a judgment. The general rule is that it runs from the date of its pronouncement. Exception: from the date of service of the judgment in cases including the judgment debtor’sPleadings — Part Three · Source page 327
  17. Principle 2009The time limit for challenging a judgment. The general rule is that it begins from the date of its rendition unless the law provides otherwise, in which case it begins from the date of service of the judgment. The servicPleadings — Part Three · Source page 328
  18. Principle 2010The time limit for challenging a judgment. It begins on the date the judgment is rendered unless the law provides otherwise.Pleadings — Part Three · Source page 328
  19. Principle 2011The time limit for appeal is thirty days unless the law provides otherwise. - Challenging judgments from the date of their pronouncement as a general rule. The exception. Example.Pleadings — Part Three · Source page 328
  20. Principle 2012The rule concerning the time limit for challenging judgments is that it runs from the date of their pronouncement. The exception.Pleadings — Part Three · Source page 328
  21. Principle 2013The rule is that only the person bringing a challenge to a judgment benefits from it, and it may be invoked only against the person against whom it is brought. - Failure of some judgment debtors to challenge the judgmentPleadings — Part Three · Source page 328
  22. Principle 2014The judgment's inclusion of the date of its rendition. Its purpose. Ascertaining the time limit for challenging it. The primary source for establishing the date of rendition of the judgment is the hearing minutes. A clerPleadings — Part Three · Source page 328
  23. Principle 2016The relative effect of procedural measures concerning challenge against a judgment. Its import. Where there are multiple judgment debtors and only one or some of them challenge the judgment, the challenge benefits only -Pleadings — Part Three · Source page 328
  24. Principle 2019The rule is that the time limit for challenging a judgment begins on the date of its pronouncement. The exception. Its cases. - Failure to observe the time limits for challenging judgments. Its effect. Forfeiture of the Pleadings — Part Three · Source page 329
  25. Principle 2020Time limits for challenging judgments. The rule is that they run from the date of issuance. Failure of the party against whom judgment was rendered to attend all hearings scheduled for hearing the action and to submit a Pleadings — Part Three · Source page 329
  26. Principle 2021Service of the judgment. It must be effected upon the judgment debtor personally or at his original domicile or place of work. The reason for this. Commencement of the periods for challenge. The implication thereof. The Pleadings — Part Three · Source page 330
  27. Principle 2022The 3-month period within which an action for compensation must be brought for the offences stipulated in Law 3 of 1961 concerning Printing and Publication. Article 33/2, 3. A special forfeiture period. Its time limit isPleadings — Part Three · Source page 330
  28. Principle 2025The time limit for challenging judgments. From the date of their pronouncement. Its extension, if its end falls on an official holiday, to the first working day thereafter. The basis and effect of this. Example.Pleadings — Part Three · Source page 331
  29. Principle 2027The time limit for challenging a judgment begins on the day it is rendered, unless the judgment debtor failed to attend all hearings and did not submit a memorandum of defence, in which case the time limit begins on the Pleadings — Part Three · Source page 331
  30. Principle 2028The general rule is that the time limit for challenging a judgment begins from the date of its rendition. The exception. Its cases.Pleadings — Part Three · Source page 331
  31. Principle 2029The first-instance judgment's dismissal of both the original action and the counterclaim. The respondent—the claimant in the counterclaim—appealing the judgment issued on the counterclaim, but not the judgment issued in Pleadings — Part Three · Source page 331

  32. - ميعاد الطعن بالاستئناف الفرعي

    Principle 2030A judgment issued on the basis of fraud committed by the opposing party or because that party failed to disclose a decisive document in the action. The time limit for appealing it runs from the day on which the fraud becPleadings — Part Three · Source page 331

  33. - الأحكام الجائز والغير جائز الطعن فيها

    Principle 2031Incidental appeal. Permissible for the respondent until the close of pleadings. The condition thereof. That he has not accepted the judgment after the original appeal was filed. His acceptance thereof. Its effect. ForfeiPleadings — Part Three · Source page 332
  34. Principle 2032Law No. 35 of 1987 concerning the Leasing of Real Property. What falls outside its scope of application. - Interpretation and construction of contracts, ascertaining the true relationship between the parties and their inPleadings — Part Three · Source page 332
  35. Principle 2033Judgments rendered during the course of litigation before the concluding judgment terminating it. They may not be challenged independently. The exception. Interim and urgent judgments, judgments staying the action, and tPleadings — Part Three · Source page 332
  36. Principle 2034A judgment rendered by the Court of Appeal terminating the proceedings. It may be challenged by cassation. Basis thereof.Pleadings — Part Three · Source page 333

  37. - أثر تمييز الحكم

    Principle 2035A judgment's susceptibility to challenge. Its connection with public policy. The consequence thereof. The court must ascertain of its own motion whether the challenge is permissible and whether its conditions are met. - Pleadings — Part Three · Source page 333
  38. Principle 2036Quashing a judgment in its entirety entails its extinction, the erasure of its res judicata effect, and the quashing of judgments founded upon it, even if rendered in an action other than that in which it was rendered. TPleadings — Part Three · Source page 333
  39. Principle 2037Cassation of a judgment. Its effect. Its elimination, the erasure of its binding authority, and the lapse of the rights it established or created that were the subject of the quashed adjudication. Restoration of the procPleadings — Part Three · Source page 333
  40. Principle 2038Cassation of a judgment. Its effect. It is deemed never to have existed, all effects arising from it cease, the litigants return to their positions preceding its rendition, and subsequent judgments for which that judgmenPleadings — Part Three · Source page 334
  41. Principle 2039Cassation of a judgment entails its elimination, erasure of its binding authority, and lapse of the rights it declared or obligations it imposed.Pleadings — Part Three · Source page 334
  42. Principle 2041Cassation of a judgment for violating jurisdictional rules. The case must be remitted to the competent court for consideration of the merits.Pleadings — Part Three · Source page 334
  43. Principle 2042Cassation of the judgment. Its effect. Its elimination, the erasure of its binding authority, and the lapse of the rights it established or created that were the subject of the quashed ruling.Pleadings — Part Three · Source page 334
  44. Principle 2043Total cassation. Its effect: the judgment is deemed never to have existed, the rights and obligations it created lapse, and all judgments for which that judgment formed the basis are set aside. Example.Pleadings — Part Three · Source page 334
  45. Principle 2044Cassation of the judgment as regards its ruling on the plea. Entails its cassation as regards its ruling on the merits of the action. The reason for this.Pleadings — Part Three · Source page 334
  46. Principle 2045Cassation of the judgment. Its necessary consequence: determination of the merits by the Court of Cassation. When it confines itself to determining the question of jurisdiction. An example of confining itself to ruling tPleadings — Part Three · Source page 334
  47. Principle 2046Cassation of a judgment for violating the rules of jurisdiction. The court confines itself therein to deciding the question of jurisdiction, designating the competent court where appropriate. - 334 - Civil ProcedurePleadings — Part Three · Source page 334
  48. Principle 2047A judgment issued on an indivisible subject matter or a joint and several obligation, or based on a single legal status. Its cassation in respect of one litigant entails its cassation in respect of the others. Example.Pleadings — Part Three · Source page
  49. Principle 2048Quashing a judgment in its entirety. Effect thereof. Its extinction, the erasure of its res judicata effect, and the lapse of the rights it established or created, and the proceedings and litigants return to and to what Pleadings — Part Three · Source page
  50. Principle 2050Cassation of a judgment. Its effect. Annulment of subsequent judgments for which it formed the basis. - The challenged judgment ordering the appellant to pay the respondent the adjudged amount on the basis of her represePleadings — Part Three · Source page
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