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. - بطلان الإجراءات المؤثرة في الحكم (بطلان الحكم)

    Principle 2161The judgment must be based on reasons supporting it. - The judgment's ruling dismissing the counterclaim without stating the reasons. Nullity requiring partial cassation.Pleadings — Part Three · Source page 356
  2. Principle 2162Nullity of the appealed judgment owing to a defect that does not extend to the statement of claim in the action over which the court of first instance exhausted its authority by rendering judgment. The Court of Appeal muPleadings — Part Three · Source page 356
  3. Principle 2163Judgments must include the grounds on which they are based. Article 115 of the Civil Procedure Law. - Deficiency in the factual grounds of a judgment. Its effect: nullity.Pleadings — Part Three · Source page 357
  4. Principle 2164Where the person to be served is absent, the person effecting service must deliver the copy to his agent or servant, or to spouses, relatives or relatives by marriage residing with him. All steps taken to effect service Pleadings — Part Three · Source page 357
  5. Principle 2165Judgments rendered by the court of first instance on a final basis may not be appealed unless there is a procedural nullity that affected the judgment.Pleadings — Part Three · Source page 357
  6. Principle 2166The Court of Appeal. Does not stop at declaring the nullity of a judgment affected by a defect that does not extend to the statement of claim by which the proceedings were validly constituted. It must proceed to determinPleadings — Part Three · Source page 357
  7. Principle 2167Absence of the intended recipient of service from his domicile. Documents may be delivered to a person who states that he is his agent or works in his service, or to one of his relatives or relatives by marriage. The conPleadings — Part Three · Source page 357
  8. Principle 2168Nullity of a judgment which does not extend to the originating statement of claim and by whose issuance the court of first instance exhausts its jurisdiction. Its consequence. The Court of Appeal may go beyond declaring Pleadings — Part Three · Source page 357
  9. Principle 2169Permissibility of appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance in cases including invalidity in the judgment or invalidity in the proceedings affecting the judgPleadings — Part Three · Source page 358
  10. Principle 2170A financial violation in performing a procedural act. No nullity unless the law provides for it. - Article 22 of Law 17/1973 concerning Court Fees contains no sanction of nullity for failure to pay the fee due in advancePleadings — Part Three · Source page 358
  11. Principle 2171A judgment lacking one of its essential elements. Its effect. Its non-existence. Its being defective for a reason insufficient to render it non-existent. Its consequence. Nullity, and the grounds of its defect may not bePleadings — Part Three · Source page 358
  12. Principle 2173Failure to pay judicial fees due in advance. It does not result in nullity of the judgment. The reason for this.Pleadings — Part Three · Source page 358
  13. Principle 2174Lodging the statement of claim with the court registry. A procedure by which the existence of proceedings begins. They remain conditional upon its valid service. Rendering judgment despite failure to fulfil this conditioPleadings — Part Three · Source page 358
  14. Principle 2175Submission of an application to the Ministry of Social Affairs and Labour. Is the legal means by which the court becomes seised of the labour action, and the judicial claim commences thereby. Its implication. ExtinguishmPleadings — Part Three · Source page 358
  15. Principle 2176A serious error in the names and capacities of the litigants. Its effect. Nullity of the judgment. Occurrence of the error in the name in the preamble of the judgment while its reasons contain what removes doubt about thPleadings — Part Three · Source page 359
  16. Principle 2178Nullity of a judgment. Its meaning. - A judgment's violation of the law or error in its application is not among the cases exceptionally permitting an appeal against a judgment rendered with final effect by courts of firPleadings — Part Three · Source page 359
  17. Principle 2180Judgments rendered by courts of first instance as final judgments. They may not be appealed except in excepted cases, including invalidity in the judgment. - Deficiency in the judgment’s factual reasons. Its implication.Pleadings — Part Three · Source page 359
  18. Principle 2181Procedures for instituting and serving an action. The court must observe them. The purpose thereof: regulating litigation and ensuring the right of defense. Filing the statement of claim with the registry is the procedurPleadings — Part Three · Source page 360
  19. Principle 2182A respondent who was not personally served with the appeal petition, failed to attend the appeal hearings, and did not submit a memorandum of defence. Must be served again. Failure to do so. Its consequence: nullity of tPleadings — Part Three · Source page 360
  20. Principle 2184Cassation of a judgment. Its effect. Its being deemed never to have existed, its extinction and the extinction of all resulting effects, and restoration of the parties to their positions preceding its rendition. - The CoPleadings — Part Three · Source page 360
  21. Principle 2185Deficiency in the factual reasons for the judgment or a gross error in the names and capacities of the litigants. Its effect: nullity of the judgment. Its condition: the error or omission must cast doubt on the litigant'Pleadings — Part Three · Source page 361
  22. Principle 2187Nullity of a judgment owing to an omission or error in the litigants’ names and capacities. Limited to a serious omission or error casting doubt on the litigant’s true identity and connection with the proceedings. - A juPleadings — Part Three · Source page 361
  23. Principle 2188The court of merits basing its judgment on an understanding it formed contrary to what is established in the case papers. Its effect. Nullity of the judgment requiring its cassation. Example.Pleadings — Part Three · Source page 361
  24. Principle 2189Contradiction of what is established in the case papers that invalidates a judgment. Its nature: taking an affirmative course, namely the trial court's distortion of what is materially established in certain documents anPleadings — Part Three · Source page 361
  25. Principle 2190Deliberation on the judgment. No persons other than the judges who heard the pleadings may participate therein. They must attend the reading of the judgment. An impediment affecting one of them. His signature on the drafPleadings — Part Three · Source page 361
  26. Principle 2192An omission or error in the names and capacities of the litigants appearing in the judgment. Nullity resulting therefrom. Its condition.Pleadings — Part Three · Source page 362
  27. Principle 2197Issuing a judgment, whether by deliberating on it or signing its draft. Permissible only for the judges who heard the pleadings. An impediment affecting any of them, preventing attendance at the hearing for its pronouncePleadings — Part Three · Source page 362
  28. Principle 2198Multiplicity of parts of a judgment. The judgment debtor’s acceptance of its ruling in one part. Its effect. Its acquisition of the force of res judicata. Preclusion of a ruling invalidating the other parts even if the iPleadings — Part Three · Source page 363
  29. Principle 2200A judgment lacking its fundamental constituents. Effect: its nonexistence. Cases thereof. A defect that does not constitute grounds for that. Its sanction is nullity, not nonexistence. The defects affecting it may not bePleadings — Part Three · Source page 363
  30. Principle 2202The particulars that a judgment must contain. Omission and serious error therein. Effect: nullity. - Omission of the name of the principal litigant entails nullity. Reason: it is considered an essential particular. - OmiPleadings — Part Three · Source page 363
  31. Principle 2204A judgment comprising multiple parts. Acceptance by the party against whom judgment was rendered of the judgment's ruling in one part. Effect thereof: Its acquisition of the force of res judicata. The nullity of the othePleadings — Part Three · Source page 364
  32. Principle 2205Valid rendition of a judgment. Examination of its defects is through the prescribed methods of challenge. - Instituting an independent action for nullity of the judgment or pleading such nullity. Its cases. The judgment’Pleadings — Part Three · Source page 364
  33. Principle 2206Challenging judgments by an original action for invalidity. Impermissible. Exception. Invalidity in a judgment rendered by a cassation circuit in a case of disqualification. Article 103, Civil Procedure. - The general ruPleadings — Part Three · Source page 364
  34. Principle 2207Arbitration is a judicial act of a special nature. The arbitrator derives his jurisdiction therein from the litigants' agreement to submit to his arbitration; its subject matter must be specified in the submission agreemPleadings — Part Three · Source page 365
  35. Principle 2208The Court of Cassation's ruling quashing the judgment, setting aside the judgment appealed against, declaring service of the two originating statements of claim void, and remitting the action to the court of first instanPleadings — Part Three · Source page 365
  36. Principle 2209The court of first instance exhausting its jurisdiction by adjudicating the merits of the action. The Court of Appeal concluding that the judgment is void owing to a defect therein or the invalidity of the preceding procPleadings — Part Three · Source page 365
  37. Principle 2210The Court of Cassation's ruling annulling the judgment for nullity on a ground unrelated to the filing of the statement of claim. Its effect. It must remit the action to the court of first instance to determine its meritPleadings — Part Three · Source page 365
  38. Principle 2211Insufficiency of reasoning. Impeachment of the judgment for breach of a rule imposed by Articles 115 and 116 of the Code of Procedure, rendering it void. The implication thereof: identifying the aspects of insufficiency Pleadings — Part Three · Source page 366
  39. Principle 2212The draft judgment containing its reasons must be deposited, signed by all members of the panel that rendered it. Failure to comply: its invalidity on grounds pertaining to public policy. This invalidity may be raised byPleadings — Part Three · Source page 366
  40. Principle 2213Issuance of a judicial judgment validly and producing its effects. Its effect. Examination of the defects affecting it is precluded except by challenging it through the appropriate means. There is no means of setting asiPleadings — Part Three · Source page 366
  41. Principle 2214Intervention by the Public Prosecution in the cases set out in Article 338 of the aforementioned law. Prescribed by a mandatory rule concerning public policy. Contravention thereof. Its effect. Absolute nullity. Its consPleadings — Part Three · Source page 366
  42. Principle 2215Judgments issued by courts of first instance on a final basis. They may not be appealed except in specified cases, including where the judgment is affected by nullity. - 366 - Procedure - Deficiency in the judgment's facPleadings — Part Three · Source page 366

  43. انعدام الحكم

    Principle 2216Establishment of the nullity of the appealed judgment owing to a defect therein or in the preceding procedures, without the nullity extending to the statement instituting the action or its service. The Court of Appeal muPleadings — Part Three · Source page 367
  44. Principle 2217Legal personality. Its cessation upon the death of a natural person. The implication thereof: litigation can be constituted only between living persons; otherwise it is nonexistent, produces no effect, and cannot be curePleadings — Part Three · Source page 367
  45. Principle 2218Seeking redress against judgments. It must be through the appropriate avenues of challenge. Closure or impermissibility of an avenue of challenge. There is no means of setting aside the judgment through an original nulliPleadings — Part Three · Source page 367
  46. Principle 2220Non-existence of a judgment. Its condition: Its lack of its fundamental elements. A defect alleged against a judgment that does not constitute a ground for its non-existence. Its consequence, if established, is the nulliPleadings — Part Three · Source page 368
  47. Principle 2222Lack of capacity to litigate in the person who conducted the action or the person against whom it was conducted. Its consequence. Nullity of the litigation proceedings, and the plea is one of nullity, not non-existence. Pleadings — Part Three · Source page 368
  48. Principle 2223Non-existence of a judgment. Its condition. A plea before a judge of the ordinary judiciary that the court lacks jurisdiction because of an arbitration clause, and his proceeding to determine it: the judgment is renderedPleadings — Part Three · Source page
  49. Principle 2225Non-existence of a judgment. It occurs only if it is stripped of one of its essential elements, such as being issued by an improperly constituted court or by a person who is not considered a judge. - The concept of nulliPleadings — Part Three · Source page
  50. Principle 2227A sole proprietorship. Is not a legal person. Its implication: its existence derives from the person of its owner, and it has no entity or legal existence independent of the person of its proprietor. Rather, it is part oPleadings — Part Three · Source page
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