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. - أثر تمييز الحكم

    Principle 2051Cassation of a judgment. Its effect. It is deemed never to have existed. The implication thereof. The cessation of all effects arising from it and the annulment of subsequent judgments for which that judgment formed the Pleadings — Part Three · Source page 335
  2. Principle 2052Cassation of the challenged judgment. Its consequence: its elimination, erasure of its binding authority, and lapse of the rights it declared or created. Its implication: the litigation and the litigants return to their Pleadings — Part Three · Source page 335
  3. Principle 2053Cassation of a judgment and remittal of the case to the court that issued it for a fresh judgment therein. Its implication. That court must follow the judgment of the Court of Cassation on the legal issue which it determPleadings — Part Three · Source page 335
  4. Principle 2054The Court of Cassation’s ruling setting aside the challenged judgment and remitting the action to the court of first instance because it had not exhausted its jurisdiction. Its implication. The extinction of that judgmenPleadings — Part Three · Source page 336

  5. - ما لا يعد حكماً

    Principle 2055A judgment rendered on an indivisible subject matter or a joint and several obligation, or based on a single legal position. Its cassation in respect of one litigant entails its cassation in respect of the remaining litiPleadings — Part Three · Source page 336
  6. Principle 2056The judge’s ratification of a settlement. A purely non-contentious judicial act. Its exclusion from the scope of judicial judgments. The reason for this.Pleadings — Part Three · Source page 336
  7. Principle 2057A judgment effecting a sale. It is not considered a judgment but rather a record drawn up by the sales judge upon fulfillment of the procedures and particulars required by law. Its taking place in court and under its supPleadings — Part Three · Source page 336

  8. - الطعن في أحكام المحكمين

    Principle 2058A challenge may be brought only against what the court issues pursuant to its judicial authority. Decisions it issues that do not have the character of a judgment. They may not be challenged. Example concerning the courtPleadings — Part Three · Source page 336
  9. Principle 2059The arbitrator's obligation to respect the rules prescribed in the chapter on arbitration, respect the general principles of the Civil Procedure Law, and protect the rights of defence. - Permissibility, by way of exceptiPleadings — Part Three · Source page 337
  10. Principle 2060A judgment appointing arbitrators. It may not be challenged by any method. Article 175 of the Code of Procedure. The limits of this prohibition. What falls outside it: determination of other matters contested by the litiPleadings — Part Three · Source page 337

  11. - بطلان الإجراءات

    Principle 2061The arbitrator derives jurisdiction from the parties' agreement. What the agreement does not encompass. Falls outside the scope of arbitration. Recourse must be had to the courts for its determination. Its consequence. WPleadings — Part Three · Source page 337
  12. Principle 2062Invalidity of a procedural act. Its cases. No harm resulting despite a provision for invalidity. Invalidity shall not be adjudged. The reason therefor. Form is a means of achieving an objective. Achievement of the objectPleadings — Part Three · Source page 337
  13. Principle 2063Nullity shall not be adjudged, notwithstanding a provision prescribing it, if no harm has resulted to a litigant. An example. - Omission of the appellant’s name from the cassation appeal petition. It does not invalidate Pleadings — Part Three · Source page 337
  14. Principle 2064Capacity to litigate. Its establishment. A condition for conducting an action. Litigation instituted by a person lacking capacity. Void with a recurring nullity affecting it at all stages, which the court declares of itsPleadings — Part Three · Source page 338
  15. Principle 2065Applications concerning lineage and correction of names. They must be submitted to the competent committee for investigation before submission to the judiciary, from the effective date of Decree-Law 1/1988. ContraventionPleadings — Part Three · Source page 338
  16. Principle 2066Appearance of the lawyer of the party against whom the claim is intended to be directed, in a capacity other than that in which it is intended to be directed against that party. Does not dispense with the party's appearaPleadings — Part Three · Source page 338
  17. Principle 2067A judge’s previous expression of an opinion on the dispute before him or on prior litigation of which the litigation constitutes a commencement and a return thereto. Its effect. His disqualification from hearing the actiPleadings — Part Three · Source page 338
  18. Principle 2068Judgments rendered by the Court of Cassation. The legislature has prohibited challenges to them by ordinary or extraordinary means. - Judgments rendered by the Court of Cassation. They may be set aside if a ground of disPleadings — Part Three · Source page 338
  19. Principle 2069Invalidity may be invoked only by the person for whose benefit it was prescribed, not by the person who caused it. What is meant thereby.Pleadings — Part Three · Source page 339
  20. Principle 2070The appearance of a litigant that extinguishes his right to invoke the nullity of summonses and statements of claim. Is the appearance made on the basis of service of the document itself at the time and place specified tPleadings — Part Three · Source page 339
  21. Principle 2071Proceedings can exist only between living persons; otherwise, they are non-existent, produce no effect, and cannot be cured by a subsequent procedure. - A judgment rendered against a person proven to have died before thePleadings — Part Three · Source page 339
  22. Principle 2072Lack of capacity to litigate on the part of the person who instituted the action or against whom it was instituted. Its effect. Nullity of the litigation procedures. The plea required in this case is a plea of nullity, nPleadings — Part Three · Source page 339
  23. Principle 2073Constitution of litigation. The condition for its validity. It must be instituted through valid procedures and the litigant must have capacity to litigate. This must obtain at all its stages. The reason: nullity of litigPleadings — Part Three · Source page 339
  24. Principle 2074Invalidity of service through the Public Prosecution for insufficient inquiries. Relative invalidity that may be invoked only by the person for whose benefit it was prescribed. Parties who have been validly joined may noPleadings — Part Three · Source page 340
  25. Principle 2075Form is a means of achieving an objective attained by observance of that form. Achievement of the objective despite the absence of form. Effect thereof. Absence of prejudice, so nullity is not declared. Example. - The paPleadings — Part Three · Source page 340
  26. Principle 2076The nullity cured by the appearance of the person served is nullity arising from a defect in service or in the statement of the court or the hearing date. The same rule does not apply to nullity arising from failure to oPleadings — Part Three · Source page 340
  27. Principle 2077Nullity of procedures consequent upon interruption of the proceedings. Relative nullity prescribed for the benefit of the person in whose interest the interruption was prescribed.Pleadings — Part Three · Source page 340
  28. Principle 2078Achievement of the purpose of a procedural act despite failure to comply with its form. Its consequence. Absence of harm, leaving no basis for a ruling of nullity. Example concerning omission of the process server's namePleadings — Part Three · Source page 340
  29. Principle 2079Failure to observe the period of notice to appear. Does not result in invalidity of service. The person served may request completion of the period to prepare his defence.Pleadings — Part Three · Source page 340
  30. Principle 2080A procedural act is void if the law provides for its nullity or if it is affected by a substantial defect resulting in harm to the litigant. - A provision prescribing nullity of a procedural act. Presumption of the existPleadings — Part Three · Source page 340
  31. Principle 2081Nullity of service of the appeal petition is relative and does not relate to public policy. It may not be invoked for the first time before the Court of Cassation unless it was affected by a nullity that prevented the apPleadings — Part Three · Source page 341
  32. Principle 2082The judge's prior expression of an opinion on the dispute before the judge, performance of an act giving the judge an opinion on the action, or taking of measures revealing the judge's viewpoint. Its consequence. - The jPleadings — Part Three · Source page 341
  33. Principle 2083Invalidity of proceedings based on the parties’ lack of standing in the action. Does not pertain to public policy. Raising an objection in this regard for the first time before the Court of Cassation. A new, inadmissiblePleadings — Part Three · Source page 341
  34. Principle 2084The judge's expression of his opinion in the same dispute or in previous litigation between the same litigants, of which the case before him is a continuation, constitutes grounds for his disqualification. Absence thereoPleadings — Part Three · Source page 341
  35. Principle 2085Constitution of litigation. Its criterion. - Nullity of service of the statement of claim. Its consequence. The Court of Appeal rules that the appealed judgment is void without proceeding to determine the merits of the aPleadings — Part Three · Source page 341
  36. Principle 2086The principle of adversarial proceedings between the parties before the court. How it is achieved. By service or by enabling the party to confront it. Claims submitted to him and responding to them. The effect thereof. APleadings — Part Three · Source page 341
  37. Principle 2088Procedures are presumed to have been observed unless the contrary is established. An example concerning a lawyer from the appellant bank’s legal department signing the petition for cassation.Pleadings — Part Three · Source page 342
  38. Principle 2089Nullity of procedures carried out during interruption of the proceedings. Relative nullity for the benefit of those for whose protection the interruption was prescribed, namely the heirs and those standing in place of a Pleadings — Part Three · Source page 342
  39. Principle 2090Constitution of the litigation. The condition for its validity. It must be initiated by a party or directed against a party possessing capacity to be a party and to litigate, whether at its commencement or upon appeal agPleadings — Part Three · Source page 342
  40. Principle 2091A provision prescribing the nullity of the procedural act and harm to the litigant resulting therefrom. A condition for ruling it null.Pleadings — Part Three · Source page 342
  41. Principle 2092The appearance that extinguishes the right to invoke invalidity is that made pursuant to the document itself and at the hearing specified therein. Appearance at a different hearing on the party’s own initiative or pursuaPleadings — Part Three · Source page 342
  42. Principle 2093Nullity of proceedings based on the absence of standing of one of the litigants. Does not concern public policy. Its implication.Pleadings — Part Three · Source page 343
  43. Principle 2094Statements of claim and appeal petitions whose value exceeds five thousand dinars must be signed by a lawyer admitted before the court with which they are filed. Failure to do so. Its effect: nullity of these pleadings. Pleadings — Part Three · Source page 343
  44. Principle 2096An attorney must sign the statement of challenge. The purpose thereof. Omission of this. Its effect. Absolute nullity. Its connection with public policy. - An appeal lodged by the Government or a public institution in adPleadings — Part Three · Source page 343
  45. Principle 2097Provisions of laws. Their application to what occurs from the date they enter into force. The effect of a new law may not extend to procedures undertaken and situations established before its entry into force. - A procedPleadings — Part Three · Source page 343
  46. Principle 2098Minor plaintiffs reaching the age of majority before the action is ready for judgment on its merits. Its effect. Cessation of the capacity of the guardian who was conducting the litigation on their behalf, interruption oPleadings — Part Three · Source page 343
  47. Principle 2099A procedural act is void if the law prescribes its nullity or if it is affected by a substantial defect resulting in harm to the litigant. Harm does not exist if the purpose of the procedural act has been achieved.Pleadings — Part Three · Source page 344
  48. Principle 2100The existence of a special law. Its necessary consequence. No recourse to the provisions of the general law except in matters not regulated by the special law. - An agreement concluded by a lawyer to determine his fees fPleadings — Part Three · Source page
  49. Principle 2101The procedures that the expert must undertake if he wishes to be excused from performing his assignment. - The criterion for challenging the expert's work as void is that his procedures be affected by a substantial defecPleadings — Part Three · Source page
  50. Principle 2102Procedural nullity affecting the judgment. Its meaning: a defect vitiating one of the procedures in the action from its institution until the judgment is rendered. An example. - 344 - Civil ProcedurePleadings — Part Three · Source page
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