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. تفسير الحكم

    Principle 2228Application for interpretation of a judgment pursuant to Article 125 of the Law of Procedure. Its criterion. There must be ambiguity or obscurity in the operative part of the judgment. If the ruling in the judgment is clPleadings — Part Three · Source page 370
  2. Principle 2229The court’s statement in the reasons for its judgment that the incidental claim for which the fee was not paid is not before it constitutes exclusion of that claim. Its subsequent use in the operative part of the phrase Pleadings — Part Three · Source page 370
  3. Principle 2230An application for interpretation of a judgment. Its admissibility depends on the ruling in the judgment being tainted by ambiguity and obscurity.Pleadings — Part Three · Source page 370
  4. Principle 2231If the judgment’s ruling is clear and free of obscurity or ambiguity. Recourse to the court for its interpretation is impermissible. The reason therefor. Article 125, Civil Procedure.Pleadings — Part Three · Source page 370
  5. Principle 2232Interpretation of judgments submitted as documents in the action. Within the authority of the court of merits, provided it is reasonable. Where the judgment is clear and conveys a specific meaning, departure from it is iPleadings — Part Three · Source page 370
  6. Principle 2233The trial court's power to interpret judgments invoked before it is the same as its power to interpret documents.Pleadings — Part Three · Source page 370
  7. Principle 2234A judgment submitted as a document in an action. The authority of the court of merits to interpret it. It may not depart from it under the pretext of interpreting it if it is clear and requires no interpretation. ContravPleadings — Part Three · Source page 370
  8. Principle 2235The right to request interpretation of the operative part of a judgment. Its prerequisite. Ambiguity or obscurity therein. The reason for this. Interpretation must not be a pretext for retracting it and impairing its resPleadings — Part Three · Source page 371
  9. Principle 2236The court's authority to interpret judgments invoked before it is like its authority to interpret all other documents submitted in the action.Pleadings — Part Three · Source page 371
  10. Principle 2237Interpretation of a judgment containing obscurity or ambiguity is effected by identifying the determination it contains through seeking it in the objective elements constituting the judgment itself. - The trial court mayPleadings — Part Three · Source page 371
  11. Principle 2238An application for interpretation of a judgment. Its criterion. The presence of ambiguity or obscurity in its operative part. An example of an application for interpretation of a judgment containing neither uncertainty nPleadings — Part Three · Source page 371
  12. Principle 2239The court determining the merits has authority to interpret judgments, just as it has authority to interpret documents. The condition for this.Pleadings — Part Three · Source page 371
  13. Principle 2240The court competent to hear an application for interpretation of a judgment is the court that issued it. Submitting the application to another court. Its effect.Pleadings — Part Three · Source page 371
  14. Principle 2241The trial court has the power to interpret judgments relied upon before it and all documents submitted by the litigants in the action.Pleadings — Part Three · Source page 371
  15. Principle 2242Raising a claim for joint and several liability for the first time in an application for interpretation of the judgment. Inadmissible. Reason for this. - 371 - Civil ProcedurePleadings — Part Three · Source page 371
  16. Principle 2243The criterion for entertaining an application to interpret a judgment is the occurrence of ambiguity or obscurity in its operative part. An application to interpret a judgment free of this. Its effect: inadmissibility.Pleadings — Part Three · Source page 372
  17. Principle 2244The criterion for admitting an application for interpretation of a judgment. Ambiguity or obscurity must have occurred in its operative part or in its grounds so closely connected with that operative part as to constitutPleadings — Part Three · Source page 372
  18. Principle 2245A litigant may request the court that rendered the judgment to interpret it whenever its operative part is affected by ambiguity or uncertainty. The manner of doing so: by an application submitted through the ordinary prPleadings — Part Three · Source page 372
  19. Principle 2246Ambiguity in the operative part of the judgment. Its effect. Permissibility of applying to the court that rendered it for its interpretation. Its clarity. Does not permit applying to that court. The reason for this.Pleadings — Part Three · Source page 372
  20. Principle 2247Interpretation of judgments invoked before the court, like all other documents submitted in the action. Within the authority of the court of merits. It may adopt the interpretation it considers intended by them without sPleadings — Part Three · Source page 372
  21. Principle 2248Understanding judgments relied upon before the trial court. It is akin to its power to interpret documents submitted to it, and it may adopt what it considers intended by them and consistent with what their reasons contaPleadings — Part Three · Source page 372
  22. Principle 2249Ambiguity of a judgment. The means of removing it is its interpretation by recourse to the competent court through the ordinary procedures for bringing an action. - 372 - Civil ProcedurePleadings — Part Three · Source page 372
  23. Principle 2250Application for interpretation of a judgment. The criterion for its admissibility: ambiguity or obscurity must have occurred in its operative part or in its reasons inseparably connected to the operative part. Article 12Pleadings — Part Three · Source page 373
  24. Principle 2251The prerequisite for admitting an application to interpret a judgment. That ambiguity or obscurity has occurred in its operative part. A clear ruling in a judgment. It may not be interpreted. The reason for this.Pleadings — Part Three · Source page 373
  25. Principle 2252Ambiguity or obscurity in the operative part of a judgment. Any litigant may request its interpretation. The implication thereof. Submission of the interpretation application through the ordinary procedures for bringing Pleadings — Part Three · Source page 373
  26. Principle 2253Recourse to the court that rendered the judgment for its interpretation. Criterion: obscurity or ambiguity in the operative part of the judgment. Its clarity. Does not permit recourse to that court. Reason: so that interPleadings — Part Three · Source page 373
  27. Principle 2254Understanding judgments. A matter for the court of merits, just as is the court's authority to interpret all other documents submitted to it. - 373 - Civil ProcedurePleadings — Part Three · Source page 373

  28. القضاء الضمني بالحُكم

    Principle 2255Ambiguity in the operative part of a judgment. Its effect. Recourse may be had to the court that rendered it for its interpretation. Its clarity does not permit recourse to that court. The reason for this: so that interpPleadings — Part Three · Source page 374
  29. Principle 2256The rendering of a judgment in an action claiming rent under a lease, awarding the amount claimed. Its implication. That judgment determined a fundamental issue, namely the applicability to the contract of Law 35 of 1978Pleadings — Part Three · Source page 374
  30. Principle 2257A judgment issued on the merits is deemed to include an implicit ruling on jurisdiction.Pleadings — Part Three · Source page 374
  31. Principle 2258An indemnity action. Independent in its existence from the original action and not considered a defence or plea therein. A ruling in the original action dismissing it, declaring it inadmissible, or declining to hear it. Pleadings — Part Three · Source page 374

  32. تصحيح الخطأ المادي في الحكم

    Principle 2259The first-instance judgment rendered on the merits of the action. Its inclusion of an implicit ruling that the court has jurisdiction to hear the action, even if the judgment violated the rules of subject-matter jurisdicPleadings — Part Three · Source page 374
  33. Principle 2262Clerical errors in a judgment. The court that issued it may correct them. If an appeal is brought against the judgment, correction of the clerical errors contained therein falls within the power of the Court of Appeal, nPleadings — Part Three · Source page 375
  34. Principle 2263Correction of a clerical error in a judgment cannot constitute a ground for an appeal in cassation.Pleadings — Part Three · Source page 375
  35. Principle 2264The Court of Appeal's authority to rectify purely clerical errors in the judgment appealed against. When an error is purely clerical. Example. - Correction of a clerical error in a judgment is effected through the procedPleadings — Part Three · Source page 375
  36. Principle 2265The Court of Appeal may of its own motion rectify material errors in the appealed judgment and rule in accordance with the correct position. The Court of Appeal's statement that the court of first instance could have madPleadings — Part Three · Source page 376
  37. Principle 2267A clerical error occurring in the judgment which the court corrected in the same judgment does not constitute a contradiction between the operative part and the reasons. The original copy being free of this error. A chalPleadings — Part Three · Source page 376
  38. Principle 2268A clerical error in calculation. Does not constitute a ground for an appeal in cassation. The means of correcting it is to return to the same court that rendered the judgment. Example.Pleadings — Part Three · Source page 376
  39. Principle 2269The authoritative version of judgments is their original copy. Its implication. Clerical errors therein may be corrected before it is signed. The reason thereof.Pleadings — Part Three · Source page 376
  40. Principle 2270Correction of purely clerical errors in the operative part of a judgment or its reasons. Permissible for the court that rendered it, upon the application of a litigant or of its own motion.Pleadings — Part Three · Source page 376
  41. Principle 2271The rule is that judgments are corrected by challenging them. The exception. Correction upon a request by the litigants or by the court itself of its own motion. - A correction decision. It may be challenged through the Pleadings — Part Three · Source page 376
  42. Principle 2272Clerical error. Cannot in itself constitute a ground for challenging a judgment by cassation. The means of correcting it: recourse to the court that rendered the judgment. Example. - 376 - Civil ProcedurePleadings — Part Three · Source page 376
  43. Principle 2273An error in the number of the article cited by the judgment. A clerical error that does not impair its soundness and does not constitute a ground for challenge.Pleadings — Part Three · Source page 377
  44. Principle 2274The date of issuance of the judgment. An omission or error therein. Its supplementation by the hearing minutes. An example.Pleadings — Part Three · Source page 377
  45. Principle 2275A clerical error in a judgment does not affect its existence or deprive it of its identity. The court’s correction of it of its own motion or at a litigant’s request, and it cannot constitute a ground for appealing the jPleadings — Part Three · Source page 377
  46. Principle 2277A clerical error cannot be the subject of a cassation challenge. - A clerical error in a judgment does not taint it with an error in the application of the law. Its correction is effected by recourse to the same court thPleadings — Part Three · Source page 377
  47. Principle 2278An application to correct a material error in a judgment. The judgment exceeding the scope of correction. It vitiates it and necessitates its cassation.Pleadings — Part Three · Source page 377
  48. Principle 2279Termination of the dispute between the litigants by the issuance of the judgment and the case leaving the court's purview. Effect: it is impermissible to reconsider it or amend or correct the judgment by virtue of the coPleadings — Part Three · Source page
  49. Principle 2280Standing in the litigation. It is established for the person who was a party, not his representative, in the litigation in which the judgment was rendered. The reason for this. The action is not his action but that of thPleadings — Part Three · Source page
  50. Principle 2281Clerical error. The means of correcting it is recourse to the same court that rendered the judgment. It cannot constitute a ground for challenging the judgment. Art. 124 of the Civil Procedure Law.Pleadings — Part Three · Source page
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