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. استنفاد الولاية

    Principle 2340The Court of Appeal’s obligation to remit the action to the court of first instance. Its prerequisite and rationale. - The court of first instance’s determination of the action by dismissal for failure of proof. Its effePleadings — Part Three · Source page 389
  2. Principle 2341The Court of Appeal. It does not stop at declaring the nullity of a judgment tainted by a defect that does not extend to the statement of claim by which the litigation was validly constituted. It must proceed to determinPleadings — Part Three · Source page 389
  3. Principle 2342The plea that the action may not be heard. A substantive plea by which the court of first instance exhausts its jurisdiction. The court of second instance reversing the judgment rendered thereon. It must proceed to adjudPleadings — Part Three · Source page 389
  4. Principle 2343Judgments concerning procedural form without touching upon the merits. Do not exhaust the judicial authority of the court of first instance. Consequence. Remittal to the court of first instance is mandatory. Example.Pleadings — Part Three · Source page 389
  5. Principle 2344A judgment's protection by res judicata. Its condition. That it be conclusive, exhausting the court's jurisdiction regarding what it determined and preventing it from reconsidering it or reversing its ruling thereon. - NPleadings — Part Three · Source page 389
  6. Principle 2345A plea that a procedural act required by law has been omitted. A procedural plea through which the court does not exhaust its jurisdiction. The implication thereof. Example.Pleadings — Part Three · Source page 390
  7. Principle 2346The court’s exhaustion of its jurisdiction by a definitive ruling on an issue submitted to it. Its effect.Pleadings — Part Three · Source page 390
  8. Principle 2347Litigation at two levels. Its relation to public policy. Neither the court may contravene it nor the litigants waive it. The court of first instance stopping at determining a formal plea or a plea relating to procedure. Pleadings — Part Three · Source page 390
  9. Principle 2348The binding authority of a judgment. Attaches to what the court has determined expressly or implicitly, whether in the operative part or the grounds connected thereto. What the court has not actually considered. Cannot bPleadings — Part Three · Source page 390
  10. Principle 2349The court of first instance ruling that an action is inadmissible for reasons relating to its merits. It thereby exhausts its jurisdiction. Its implication: where the Court of Appeal sets it aside, it must proceed to adjPleadings — Part Three · Source page 390
  11. Principle 2350Exhaustion by the court of first instance of its jurisdiction by ruling on the merits of the action, and the Court of Appeal finding the judgment void due to a defect in it or in the procedures preceding it, without the Pleadings — Part Three · Source page 390
  12. Principle 2351The court of first instance’s exhaustion of its authority by determining the merits of the action. Appeal against this judgment. Its effect: the claims, pleas, and grounds of defence comprised in the action are deemed toPleadings — Part Three · Source page 391
  13. Principle 2352The plea that the action may not be heard owing to the passage of time. A substantive plea. The court of first instance's ruling allowing it exhausts its jurisdiction to consider the merits. An appeal lodged against thisPleadings — Part Three · Source page 391
  14. Principle 2353Nullity of service of the originating statement of claim. Implication. Failure to constitute proceedings before the court of first instance and nullity of its judgment. Effect thereof. This judgment must be declared voidPleadings — Part Three · Source page 391
  15. Principle 2354The court of first instance exhausting its judicial authority by adjudicating the merits of the action. The Court of Appeal ruling to reverse that judgment. Effect. It must determine the merits of the action without remiPleadings — Part Three · Source page 391
  16. Principle 2355Issuance of the judgment. Effect: exhaustion by the issuing court of its jurisdiction to determine the dispute; it may therefore not be amended or set aside except through the prescribed methods of challenge. - 391 - CivPleadings — Part Three · Source page 391
  17. Principle 2356The court of first instance's ruling that the administrative decision has become immune from challenge because no annulment action was brought within the time limit, on the basis that it is not non-existent. Exhausts itsPleadings — Part Three · Source page 392
  18. Principle 2357The court's determination of the issue before it by a definitive ruling. Its effect. Exhaustion of its jurisdiction in respect thereof. It may not adjudicate it anew.Pleadings — Part Three · Source page 392
  19. Principle 2358The plea that the action may not be heard because the distribution contract in dispute was not registered. A plea relating to procedure, not to the substance of the right. The challenged judgment being confined to allowiPleadings — Part Three · Source page 392
  20. Principle 2359The court of first instance’s exhaustion of its authority by ruling on the merits of the action. Establishment of the nullity of the judgment. The Court of Appeal must proceed to determine the merits of the action by a nPleadings — Part Three · Source page 392
  21. Principle 2361The court's determination of one of the issues before it. Its effect. Termination of its jurisdiction in respect thereof. It must abide by what it has adjudicated when addressing the remaining issues before it in the actPleadings — Part Three · Source page 392
  22. Principle 2362The plea of inadmissibility of the action provided for in Article 1 of Law 33 of 2000. It does not concern the validity of the proceedings. The court of first instance exhausts its jurisdiction by deciding it, just as wiPleadings — Part Three · Source page 392
  23. Principle 2363Non-definitive judgments, including judgments ordering an evidentiary measure. Have no res judicata effect. Such judgments containing, in their reasons or operative parts, a determination of a portion of the dispute or aPleadings — Part Three · Source page 393
  24. Principle 2364A ruling by the court of first instance that the action is inadmissible for reasons relating to its merits. A determination on the merits by which that court exhausts its jurisdiction. Reversal of that judgment by the CoPleadings — Part Three · Source page 393
  25. Principle 2365Litigation at two levels. One of the fundamental principles of the judicial system. This concerns public policy. - The court of first instance’s ruling that the arbitral award is void owing to the nullity of the arbitratPleadings — Part Three · Source page 393
  26. Principle 2367Nullity of the challenged judgment for failure to serve the statement of claim validly. The obligation to order remittal to the court of first instance because it has not exhausted its jurisdiction. Its implication. RemiPleadings — Part Three · Source page 393
  27. Principle 2368Judgments concerning the form of procedures without addressing the merits do not exhaust the jurisdiction of the court of first instance. Reversal of the judgment. The action must be remitted to it for adjudication.Pleadings — Part Three · Source page 394
  28. Principle 2369Nullity of the appealed judgment for a defect in it or in the proceedings preceding it, without the nullity extending to the statement of claim. The court must not stop at declaring nullity and must determine the merits Pleadings — Part Three · Source page 394
  29. Principle 2371The court's exclusion of the amended claims for failure to pay the fee due. A ruling that the appealed judgment is void because payment of the court fees for the said claim has been established. The court's subsequent prPleadings — Part Three · Source page 394

  30. تقادم الحكم

    Principle 2372A judgment terminating the litigation that is not based on the dispute between the parties having been resolved. Does not preclude consideration of the dispute and its determination by a definitive judgment whereby the cPleadings — Part Three · Source page 394
  31. Principle 2373Issuance of a final judgment establishing the right. Its prescription upon the lapse of fifteen years from issuance of that judgment. Article 450 of the Civil Code. An example. - 394 - ProcedurePleadings — Part Three · Source page 394

  32. أثر صدور الحكم

    Principle 2374The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The necessity of applying Article 118 of the Commercial Code concerning the prescription ofPleadings — Part Three · Source page 395
  33. Principle 2375An employee's service terminates by operation of law whenever he is sentenced to a penalty restricting liberty for a felony or an offence involving dishonour or dishonesty.Pleadings — Part Three · Source page 395
  34. Principle 2376A judgment rescinding a mutually binding contract for one party's failure to fulfill his obligation. Effect: the other contracting party's entitlement to compensation for the damage sustained as a result of rescission. BPleadings — Part Three · Source page 395
  35. Principle 2377The limitation period for an unjust enrichment action begins when the person who suffered damage has actual knowledge of his right to compensation. This does not occur until the day the final judgment of nullity is rendePleadings — Part Three · Source page 395
  36. Principle 2378The decision of the Arbitration Panel for Forward Share Transactions prohibiting the debtor from disposing of his assets. Its implication: divesting the debtor of the management or disposition of these assets. This does Pleadings — Part Three · Source page 395
  37. Principle 2380A judgment rejecting a challenge alleging forgery. Its implication. Authenticity of the document challenged, not validity of the legal transaction recorded therein. The right of the party alleging forgery to invoke all sPleadings — Part Three · Source page 396
  38. Principle 2381Issuance of a judgment declaring bankruptcy. Its effect. Divesting the debtor of the management and disposal of his assets, with the consequent prohibition on his litigating concerning those assets, the formation of the Pleadings — Part Three · Source page 396
  39. Principle 2383Determining what part of the court of first instance's ruling is challenged on appeal. Its criterion: the appellant's claims stated in the appeal petition, not the grounds relied upon. A request to reverse the appealed jPleadings — Part Three · Source page 396

  40. إغفال الفصل في بعض الطلبات

    Principle 2384Judicial judgments. The general rule is that they are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist. Rather, they disclose the rulPleadings — Part Three · Source page 396
  41. Principle 2387Inadvertent omission to decide claims. It is remedied by returning to the same court to decide it, not by challenging it through the appropriate means of challenge.Pleadings — Part Three · Source page 397
  42. Principle 2388Omission to adjudicate one of the substantive claims does not constitute a ground for challenging the judgment by cassation. Means of rectifying it. Recourse to the trial court.Pleadings — Part Three · Source page 397
  43. Principle 2389Returning to the same court so that it may remedy its failure to determine claims. Condition. That the omission concern the final claims.Pleadings — Part Three · Source page 397
  44. Principle 2390Omission to determine some claims that permits the interested party to return to the same court for their determination. Its criterion. That the omission result from oversight or error.Pleadings — Part Three · Source page 397
  45. Principle 2391A petition for reconsideration based on documents whose forgery was admitted or adjudged after its issuance. The condition for its admissibility. Establishment of the forgery of the document. The basis of the judgment, tPleadings — Part Three · Source page 397
  46. Principle 2392The court’s inadvertent omission of a claim. Its effect. The claim remains pending before it. The right of the person whose claim was omitted to return to the same court to remedy what it missed. When this claim is not bPleadings — Part Three · Source page 398
  47. Principle 2393The court's omission to determine a substantive claim through oversight or mistake. Leaves the claim pending before it without adjudication. The judgment ruling in its reasons or operative part, expressly or implicitly, Pleadings — Part Three · Source page 398
  48. Principle 2394Omission of claims in an action. Means of remedying it. Returning to the same court that issued the judgment to remedy its failure to determine them. Necessary consequence. A challenge is admissible only in respect of clPleadings — Part Three · Source page
  49. Principle 2395Application of Article 126 of the Procedure Code. Its condition: the court's complete omission, through inadvertence or error, to determine a substantive claim, leaving the claim pending before it without adjudication. EPleadings — Part Three · Source page
  50. Principle 2396The court’s complete omission of some substantive claims. The remedy for that. - A cassation appeal against a judgment because it omitted a substantive claim. Impermissible. - A judgment’s determination of claims may be Pleadings — Part Three · Source page
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