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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Principle 2103A financial violation in performing a procedural act. No nullity unless the law provides for it. Example of failure to pay the fee due for the action.Pleadings — Part Three · Source page 345- Principle 2104A financial violation in performing a procedural act. Does not entail nullity of the act unless the law so provides. - Failure to pay court fees due in advance. Does not entail nullity of the judgment. The reason for thiPleadings — Part Three · Source page 345
- Principle 2105A challenge alleging nullity of the expert’s work. Its prerequisite. That the procedures relating to the report be vitiated by a fundamental defect resulting in prejudice to a litigant or impairment of that litigant’s riPleadings — Part Three · Source page 345
- Principle 2106Nullity of service of the originating statement of claim and the statement of appeal. Relative nullity unconnected with public policy. Invoking it for the first time before the Court of Cassation. Its prerequisite is thaPleadings — Part Three · Source page 345
- Principle 2107The procedures that the person effecting service must observe. Their nature. Article 9, Civil Procedure. Contravention of those procedures. Effect thereof. Nullity of service and failure to constitute the proceedings, anPleadings — Part Three · Source page 345
- Principle 2108Nullity of a procedural act. It may not be declared if no prejudice to the party resulted from it. - The respondent's submission of a memorandum of defence within the time limit. Achieves the purpose of service. Its implPleadings — Part Three · Source page 345
- Principle 2109Nullity of the judgment. It has no effect on the evidentiary investigation procedures or expert work conducted in the action unless they are void in themselves. The implication thereof. The judge of merits may rely upon Pleadings — Part Three · Source page 346
- Principle 2110Validity of a procedural act. Its attainment. Through achievement of its intended purpose. A defect in service cured by appearance is a defect in the form of service whose intended purpose is achieved by appearance. The Pleadings — Part Three · Source page 346
- Principle 2111Non-existence of a judgment. Its condition: its lack 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 the nulliPleadings — Part Three · Source page 346
- Principle 2112Validity of service at the elected domicile. Its prerequisite. That the litigant adopt it as his domicile in the document serving the judgment. The reason for this. - Nullity of a procedural act. Its condition. That the Pleadings — Part Three · Source page 346
- Principle 2113Incidental claims. Their nature and how they are raised. - A financial violation in performing a procedural act. It does not entail nullity of the act unless the law provides otherwise. Example concerning failure to pay Pleadings — Part Three · Source page 347
- Principle 2114A financial irregularity in performing a procedural act. It does not result in nullity of the act unless the law provides for its nullity. - Failure to pay the court fee due in advance. Does not result in nullity. The rePleadings — Part Three · Source page 347
- الحكم القطعي
Principle 2115Failure to pay the fee before undertaking the procedure. It does not result in its nullity. - 347 - Civil Procedure Types of judgments - The definitive judgment:-Pleadings — Part Three · Source page 347- Principle 2116A conclusive judgment. Its nature. Referral of the action for evidentiary investigation to establish the true dower because the marriage document is insufficient for that purpose. It is not considered a conclusive rulingPleadings — Part Three · Source page 348
- Principle 2117The state of bankruptcy arises only through a judgment declaring bankruptcy. Article 557 of the Commercial Law.Pleadings — Part Three · Source page 348
- Principle 2119A conclusive adjudication that was not the subject of appeal. Its acquisition of the force of res judicata, which prevails over rules of public policy.Pleadings — Part Three · Source page 348
- الحكم الصادر في دعاوى الأحوال الشخصية
Principle 2120Mandatory intervention by the Public Prosecution in actions concerning parentage and correction of names. A matter of public policy. Omission thereof. Nullity of the judgment. Its necessary consequence: nullity may be inPleadings — Part Three · Source page 348الحكم بالتعويض المؤقت
Principle 2121The right of visitation. To whom it belongs. Where there is no agreement on the time and place of visitation. The judge shall designate a periodic time and a suitable place to enable the minor’s family to see him. The imPleadings — Part Three · Source page 348- Principle 2122A claim for provisional compensation. When the court may award full compensation. Example.Pleadings — Part Three · Source page 349
- Principle 2123The scope of the action is determined by the judicial claim, whether original or incidental. The parties and judge are bound by it. The plaintiff's claim for provisional compensation of 1001 dinars for damage sustained aPleadings — Part Three · Source page 349
- Principle 2124An action for provisional compensation. Its basis. Mere establishment of liability and establishment of damage without elements. And its extent, and establishment of compensation without its amount. Insofar as the judgmePleadings — Part Three · Source page 349
- Principle 2125The court may award final compensation even if the compensation sought is provisional, where the damage is proven to have definitively stabilised. - The first-instance court's award of compensation making good the damagePleadings — Part Three · Source page 349
- Principle 2126Provisional compensation must be deducted when comprehensive compensation is awarded. Failure to do so vitiates the judgment. The consequence thereof. Its cassation.Pleadings — Part Three · Source page 349
- Principle 2127A judgment awarding provisional compensation which did not determine the extent of the damage or the amount of compensation. Its acquisition of the force of res judicata. Its effect. It encompasses liability in its varioPleadings — Part Three · Source page 349
- Principle 2128Compensation. Its purpose: reparation of the damage in an amount commensurate with it, without exceeding it. Combining two awards of compensation for a single injury. Impermissible. Example of partial cassation of a judgPleadings — Part Three · Source page 350
- Principle 2130A judgment rendered in criminal proceedings convicting the accused and ordering him to pay provisional compensation in the civil action. Its binding authority before civil courts. It is not confined to what was determinePleadings — Part Three · Source page 350
- الحكم المقرر والحكم المنشئ
Principle 2131The court of merits may award full compensation even where provisional compensation was sought. Its condition. The damage for which compensation is sought has definitively stabilized. - Declaratory judgments and constituPleadings — Part Three · Source page 350- Principle 2132The right to compensation. Arises from the unlawful act, not from the judgment rendered in the liability action. The reason therefor. The judgment is declaratory. - 350 - Civil ProcedurePleadings — Part Three · Source page 350
- Principle 2133Bringing an appeal by a single procedural act against two or more judgments between the same litigants and from a single court. Permissible. The condition for this. The existence of an interest in directing the litigatioPleadings — Part Three · Source page 351
- Principle 2134Costs shall be awarded only in respect of a claim on which a judgment terminating the proceedings is rendered.Pleadings — Part Three · Source page 351
- Principle 2135The content of a contract includes its terms and the legal rules applicable to it. The insurer's right of recourse against the insured for compensation it has paid in the cases specified in Article 76 of the Executive RePleadings — Part Three · Source page 351
- Principle 2136A claim for confirmation of ownership by possession. Its purpose is to obtain a declaratory judgment establishing ownership through possession. An example of what constitutes a new claim on appeal.Pleadings — Part Three · Source page 351
- Principle 2137An express rescission clause. It necessitates rescission without any discretionary authority for the judge, and the debtor cannot avert it by performing his obligation after the breach has occurred. The judge's ruling inPleadings — Part Three · Source page 351
- الحكم المنهي للخصومة
Principle 2138The judgment ruling that the respondent's agency continues and is effective. A declaratory ruling that does not impose an obligation to render a specific performance in his favour. It is not amenable to compulsory enforcPleadings — Part Three · Source page 351- الحكم المستعجل
Principle 2139The judgment terminating litigation before the Court of Appeal. Its effect. Termination of the litigation before the court - 351 - Procedure of merits at both levels, and it represents the final adjudication in the actioPleadings — Part Three · Source page 351- الحكم بسقوط الحق في التمسك بالحكم التمهيدي
Principle 2141A claim in respect of which no judgment terminating the litigation before the court is rendered. Costs may not be awarded in respect thereof. - An action to record a state of affairs. It ends as soon as the court completPleadings — Part Three · Source page 352- الحكم بشهر الإفلاس
Principle 2142The employer’s dispute concerning the degree of disability sustained by the worker. The court’s appointment of forensic medicine to examine him to investigate this defence. Failure to pay the deposit ordered by the courtPleadings — Part Three · Source page 353- الحكم بالمصروفات
Principle 2143Rendition of a judgment declaring bankruptcy. Its effect: divesting the bankrupt, from its date, of the administration of all his assets, whether or not related to his business. The reason: all his assets secure payment Pleadings — Part Three · Source page 353- بطلان الإجراءات المؤثرة في الحكم (بطلان الحكم)
Principle 2144Costs of the action. They shall be awarded only against the losing party, being the person who instituted or defended it without right. The court must award them of its own motion when rendering the judgment terminating Pleadings — Part Three · Source page 353- Principle 2145Nullity of procedures affecting the judgment. What is meant by it. That there is a defect tainting one of the procedures of the action from its commencement until issuance of the judgment. Example.Pleadings — Part Three · Source page 354
- Principle 2150Service of the statement of claim. A condition for the constitution of proceedings. Contravention thereof. Its effect. Extinction of the proceedings and nullity of the judgment, which the court may declare of its own motPleadings — Part Three · Source page 354
- Principle 2151Cases of a judge's disqualification from hearing an action. Article 102 of the Civil Procedure Law. - A judge's issuance of a first-instance judgment. His disqualification from hearing the appeal brought against it. ContPleadings — Part Three · Source page 355
- Principle 2152A judgment’s omission of the names of the judges who decided the action renders it void and requires its cassation. The basis for this. Article 116 of the Civil and Commercial Procedure Law. This concerns public policy. Pleadings — Part Three · Source page 355
- Principle 2153The general rule is the immediate application of procedural legal rules to actions brought while they are in force, even if those actions arose from earlier facts. - Intervention by the Public Prosecution in certain persPleadings — Part Three · Source page 355
- Principle 2154A ruling declaring an arbitral award void entails the court's consideration of the subject matter adjudicated by that award. - The action must be remitted to the court of first instance whenever the challenged judgment iPleadings — Part Three · Source page 355
- Principle 2155A judgment's omission of a defense raised by a litigant, or responding to it in a manner that does not address it, results in the nullity of the judgment if that defense is material and affects the conclusion reached. ExPleadings — Part Three · Source page 355
- Principle 2157The worker's submission of an application to the Ministry of Social Affairs and Labour containing his complaint. Is the legal means by which the court becomes seised of the labour action. Implication thereof: The extinguPleadings — Part Three · Source page 356
- Principle 2158The existence of litigation, which begins with filing the statement of claim with the court registry, remains contingent upon its valid service. Rendition of judgment despite the nonfulfillment of this condition. Its effPleadings — Part Three · Source page
- Principle 2159A petition for reconsideration on the ground prescribed in paragraph (b) of Article 148 of the Civil Procedure Law. Its requirements. - The implication of nullity of a judgment.Pleadings — Part Three · Source page
- Principle 2160Intervention by the Public Prosecution is mandatory in matters regarded as pertaining to public policy, including actions concerning lineage and correction of names. Omission thereof. Its effect. Absolute invalidity. - APleadings — Part Three · Source page