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
Search this collectionإعلان صحيفة الاستئناف وإعادة إعلانها
Principle 2581Service of a challenge at the elected domicile. Its prerequisite. The party must have adopted it as his domicile in the document serving the judgment or in other documents in the action. The reason for this. - The agent’Pleadings — Part Three · Source page 434- Principle 2582The original method of bringing an action. Depositing its statement with the registry. Its effect. Commencement of proceedings. The proceedings remain pending until the adversarial principle is fulfilled by valid servicePleadings — Part Three · Source page 434
- Principle 2583Filing the statement of appeal with the Registry. Its effect. Its effects take effect. Service thereof on the respondent. Its effect. Absence of proceedings between its two parties. The time limit for service. Delay in sPleadings — Part Three · Source page 434
- Principle 2584Permissibility of serving the challenge at the elected domicile if the respondent is the plaintiff or appellant and has not stated his original domicile or workplace in any of the case papers. The rationale for this.Pleadings — Part Three · Source page 435
- Principle 2585Nullity of service of the appeal petition and the addressee's failure to appear before the Court of Appeal. Its effect. The latter's right to invoke this nullity for the first time before the Court of Cassation and use iPleadings — Part Three · Source page 435
- Principle 2586A request for the honour of the manager of a limited liability company appointed by its general assembly, and a non-managing partner’s request to be enabled to inspect the company’s books and collect annual profits. EachPleadings — Part Three · Source page 435
- Principle 2587Hearing the appeal at a hearing other than that specified in its petition, without the appellant's attendance or knowledge. Effect. The action must be adjourned to a subsequent hearing of which the registry serves noticePleadings — Part Three · Source page 435
- Principle 2588An appeal petition produces its effect from the date it is deposited with the registry. Its service on the respondent or the court's delivery of a copy thereof to the respondent. A necessary procedure for constituting adPleadings — Part Three · Source page 435
- Principle 2589The plaintiff’s obligation, upon filing the statement of claim, to submit the documents supporting his action and an explanatory memorandum. Application of the same rule to appeals.Pleadings — Part Three · Source page 436
- Principle 2590Service of the appeal at the elected domicile. The criterion for its validity. What matters in service is actual delivery of a copy of the statement to the person intended to be served. The procedures the process server Pleadings — Part Three · Source page 436
- Principle 2591No harm resulting to the litigant from failure to take the procedural steps. Its effect. No ruling of nullity. - Inclusion of the process server's name and signature in the original statement of claim. Its sufficiency toPleadings — Part Three · Source page 436
- Principle 2592The inclusion of the process server's name and the court to which he belongs in the original service document. Its sufficiency to confer official status upon it. The respondent's knowledge of the appeal, attendance at thPleadings — Part Three · Source page 436
- Principle 2593Although an inquiry by witness testimony may be requested at any stage of the action, even before the Court of Appeal, if the court of first instance ordered it and the person bearing the burden of proof failed to bring Pleadings — Part Three · Source page 436
- Principle 2594A party’s lawyer has the right to plead that the appeal be deemed never to have been brought, so long as the power of attorney granted to him permits that. - 436 - Civil ProcedurePleadings — Part Three · Source page 436
- Principle 2595The litigant's appearance at the hearing specified in the invalid notice constitutes a waiver by him of reliance on its invalidity. Nullity of summons documents due to a defect in service, in the identification of the coPleadings — Part Three · Source page 437
- Principle 2597Adversarial confrontation between the parties. How it is achieved. - Incidental claims. They may be submitted orally at the hearing in the presence of the opposing party. - Intervention. Permissible by an application subPleadings — Part Three · Source page 437
- Principle 2598Invalid service of an appeal petition and failure of the person served to appear before the Court of Appeal. Its effect. The latter's right to invoke this nullity for the first time before the Court of Cassation and makePleadings — Part Three · Source page 437
- Principle 2599Permissibility of service of an appeal at the elected domicile. An exception. Its prerequisite.Pleadings — Part Three · Source page 437
- Principle 2600Service of the statement of claim. A procedure necessary for the constitution of proceedings. What dispenses with it. Adversarial appearance before the court. The same rule applies to an appeal. A judgment's contraventioPleadings — Part Three · Source page 437
- Principle 2601The principle of adversarial proceedings between litigants before the court. How it is achieved. By service or by enabling the litigant to confront the claims presented to him and respond to them. The effect thereof. AbsPleadings — Part Three · Source page 438
- Principle 2602The process server's recording that he went to and personally served the female appellant with the statement of appeal at the address stated therein and that she signed its original. Serving her at the same address with Pleadings — Part Three · Source page 438
- Principle 2603Commencement of proceedings. Its criterion. Their constitution through service of the petition. The reason for that. Fulfilment of the adversarial principle. Fulfilment of the adversarial principle without service. Its sPleadings — Part Three · Source page 438
- Principle 2604Service of the challenge. How it is effected. - Validity of service of the appeal at the elected domicile. Condition. That the litigant has adopted it as his domicile in the notice of service of the judgment or in the otPleadings — Part Three · Source page 438
- Principle 2605The court may impose a fine of not less than ten dinars on any party who fails to deposit documents or perform any procedural step within the time limit fixed for him. It may - 438 - Civil Procedure in such cases, insteaPleadings — Part Three · Source page 438
- Principle 2606Nullity of service of statements of claim and summonses arising from a defect in service. Cured by the addressee's attendance at the hearing specified in the notice or filing a memorandum of defence. Reason therefor: fulPleadings — Part Three · Source page 439
- Principle 2607The respondent's failure to state his original domicile in his statement of claim before the court of first instance, without that domicile appearing in the case papers. Its effect. The statement of appeal may be served Pleadings — Part Three · Source page 439
- Principle 2608Statement of appeal. It produces its effects from the date of its filing with the Registry. It must be served on the respondent for proceedings to be constituted between its two parties, to give effect to the principle oPleadings — Part Three · Source page 439
- Principle 2609The requirement to re-serve the respondent who was not personally served with the statement of appeal, failed to attend the appeal hearings, and did not submit a memorandum of defense. Violation of this. Its effect. InvaPleadings — Part Three · Source page 440
- Principle 2610The notification period. Its extension to the first working day if its last day falls on an official holiday. Article 17 of the Civil Procedure Law. - The appellant's personal appearance and his failure to assert that hePleadings — Part Three · Source page 440
- Principle 2611The appellant's contention that service of the appeal petition was effected by delivering a copy to the officer in charge of the police station before the judgment staying the action. Inadmissible. So long as the ruling Pleadings — Part Three · Source page 440
التمسك بالدفوع الشكلية بصحيفة الاستئناف
Principle 2612The respondent’s failure to attend the scheduled hearings and failure to submit a memorandum of his defence. The court must adjourn consideration of the appeal to a subsequent hearing for re-service on him if he was not Pleadings — Part Three · Source page 440الإجراءات والقواعد التي تسري على خصومة الاستئناف
Principle 2613Nullity of summons documents due to a defect in service. Relative. May be invoked only by the person for whose protection it was prescribed. Does not relate to public policy. The litigant must invoke it in his appeal petPleadings — Part Three · Source page 440- Principle 2614Constitution of adversarial proceedings in an action, appeal, or cassation. Its condition. That they be brought through valid procedures and that the party possess litigation capacity. Nullity resulting from failure to oPleadings — Part Three · Source page 441
- Principle 2615Contradiction of what is established in the papers. Its effect. Nullity of the judgment. Example of a judgment deeming the appeal never to have existed for failure to serve its petition within 30 days of lodging it with Pleadings — Part Three · Source page 441
تصحيح شكل الاستئناف
Principle 2616Appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Its condition. Nullity in the judgment or in the procedures that affected it. 9- Rectification of the form of the Pleadings — Part Three · Source page 441أثر الاستئناف على حجية الشيء المحكوم فيه
Principle 2617The appellant's correction of the form of the appeal against the respondent to regard it as brought by him in his capacity as owner of a sole proprietorship. His right to lodge an appeal in cassation as the true party. EPleadings — Part Three · Source page 441- Principle 2618A conclusive judicial judgment has res judicata authority from the day of its issuance, even if it is open to challenge. This authority is provisional and is suspended as soon as it is appealed. The consequences of this.Pleadings — Part Three · Source page 441
استئناف الحكم المنهي للخصومة يتتبع استئناف جميع الأحكام السابقة عليه (شرطه)
Principle 2623An appeal against the judgment terminating the proceedings necessarily entails an appeal against all judgments previously rendered in the case, unless they have been expressly accepted. The effect thereof. Failure to staPleadings — Part Three · Source page 443- Principle 2624An appeal against the judgment terminating the proceedings necessarily entails an appeal against all judgments previously delivered in the case unless they have been expressly accepted. Article 144 of the Law of Civil PrPleadings — Part Three · Source page 443
- Principle 2625Appealing the judgment rendered on the merits of the action necessarily entails appealing all judgments preceding it unless they have been expressly accepted. A rule not applicable to an appeal in cassation.Pleadings — Part Three · Source page 443
- Principle 2626An appeal against the judgment terminating the litigation entails an appeal against all judgments previously issued in the case that are not independently open to direct challenge, unless they have been expressly acceptePleadings — Part Three · Source page 443
- Principle 2627The scope of a cassation challenge does not extend beyond the challenged judgment. The chapter on cassation challenges contains no provision analogous to that concerning appeals, whereby an appeal against the judgment rePleadings — Part Three · Source page 443
- Principle 2628An appeal against the judgment terminating the proceedings. Its effect. Judgments delivered before it are considered appealed. The condition for that. - The authority of the Court of Appeal is confined solely to what hasPleadings — Part Three · Source page 443
- Principle 2629Appealing the judgment terminating the litigation entails appealing all previously rendered judgments within the scope of what was appealed. - 443 - Civil ProcedurePleadings — Part Three · Source page 443
- Principle 2630An appeal against a judgment on the merits of an action necessarily entails an appeal against all preceding judgments unless they have been expressly accepted. A rule that does not apply to cassation challenges.Pleadings — Part Three · Source page 444
الأحكام التي يجوز أو التي لا يجوز الطعن فيها بالاستئناف
Principle 2631Appeal against the judgment terminating the litigation. Its effect. Appeal against all previously delivered judgments that are not open to challenge under Article 128 of the Civil Procedure Law. The condition for this. TPleadings — Part Three · Source page 444- Principle 2632Judgments rendered before determination of the merits. Two types. The first: those that do not terminate all or part of the proceedings. They may not be challenged independently. The second: those that terminate all or pPleadings — Part Three · Source page
- Principle 2635The permissibility of independently challenging judgments delivered before determination of the merits that terminate all or part of the proceedings.Pleadings — Part Three · Source page
- Principle 2636Judgments that do not terminate the proceedings may not be challenged. Except for the cases under Article 128 of the Civil and Commercial Procedure Law.Pleadings — Part Three · Source page
- Principle 2637The court's ruling is not the operative part alone. Rather, it is the actual decisive pronouncement on the dispute or part thereof, wherever it appears, whether in its reasons or its operative part. Permissibility of indPleadings — Part Three · Source page