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. الأحكام التي يجوز أو التي لا يجوز الطعن فيها بالاستئناف

    Principle 2699An appeal in a grievance against an order assessing fees. When it is impermissible. When the application or action is susceptible to this method of challenge, and no regard is had in this respect to the amount stated in Pleadings — Part Three · Source page 456
  2. Principle 2700Appeal against a judgment awarding the auction sale. When permissible: for a defect in the bidding procedures or in the form of the judgment, or because it was delivered without staying proceedings in a case where a stayPleadings — Part Three · Source page 456
  3. Principle 2701A judgment declining jurisdiction and referring the action because of its type or value obliges the court to which the action is referred to determine it, even if the referral judgment erred in the application of the lawPleadings — Part Three · Source page 457
  4. Principle 2702The proceedings whose termination is considered are the original proceedings constituted between the parties to the litigation. - A judgment declining subject-matter jurisdiction and ordering referral is a judgment that Pleadings — Part Three · Source page 457
  5. Principle 2704Assessment of the value of an action in relation to the appeal threshold is based on the parties' final claims. Reason therefor. - The final-jurisdiction threshold of the Court of First Instance is five thousand dinars. Pleadings — Part Three · Source page 457
  6. Principle 2705An arbitrator's award may not be appealed unless the litigants agree otherwise. The appeal is then brought before the Court of First Instance sitting in an appellate capacity. It is subject in this respect to the rules pPleadings — Part Three · Source page 458
  7. Principle 2707Judgments issued in personal status matters. The rule is that they are open to appeal whatever the value of the dispute. The exception. Matters concerning inheritance, wills, endowments, and dower. The judgment issued thPleadings — Part Three · Source page 458
  8. Principle 2708The final-instance monetary threshold of the Court of First Instance. Five thousand dinars. - Assessment of the value of the action for purposes of the appeal threshold is based on the litigants' final claims. Example.Pleadings — Part Three · Source page 458
  9. Principle 2709Judgments delivered within the final monetary jurisdiction of the courts of first instance. They may not be challenged. This relates to public policy. The exception: nullity affecting the judgment or the procedures that Pleadings — Part Three · Source page 458
  10. Principle 2710The legal event giving rise to the right to deferred dower is marriage, and to waiting-period maintenance and divorce compensation is divorce. Implication thereof. The legal basis of each is separate. Inclusion of both iPleadings — Part Three · Source page 459
  11. Principle 2711Judgments issued in personal status matters. The general rule. Their appealability regardless of the value of the dispute. The exception. Matters of inheritance, wills, endowments, and dower, in which the judgment is finPleadings — Part Three · Source page 459
  12. Principle 2712The appeal threshold. The determining factor is the value of the relief sought in the action, not the value of what the court awarded.Pleadings — Part Three · Source page 459
  13. Principle 2713Permissibility of appeal against judgments rendered within the final-instance monetary jurisdiction of the court of first instance whenever nullity occurs in the judgment or nullity in the proceedings affects the judgmenPleadings — Part Three · Source page 459
  14. Principle 2714A judgment ruling that an appeal is impermissible against the judgment insofar as it rules on lack of jurisdiction, on the ground that it is not among the excepted cases in this regard and may therefore be challenged onlPleadings — Part Three · Source page 459
  15. Principle 2715Disputes concerning forward shares and debtors referred for a declaration of bankruptcy, and actions related or connected thereto concerning their creditors' debts not registered with the Clearing Company. The legislaturPleadings — Part Three · Source page 459
  16. Principle 2716Judgments rendered within the final-instance monetary jurisdiction of courts of first instance. They may be appealed in certain cases. Article 138, Civil Procedure.Pleadings — Part Three · Source page 460
  17. Principle 2717The Summary Court. Its jurisdiction to adjudicate at first instance civil and commercial actions whose value does not exceed five thousand dinars; its judgment is final if the value does not exceed one thousand dinars. -Pleadings — Part Three · Source page 460
  18. Principle 2718Judgments issued by courts of first instance as final judgments. They may not be appealed except in the cases excepted, including invalidity in the judgment. - Deficiency in the judgment's factual reasons. Its implicatioPleadings — Part Three · Source page 460
  19. Principle 2719Assessment of the value of the action with respect to the appeal threshold. Its basis. The parties' final claims. Example.Pleadings — Part Three · Source page 460
  20. Principle 2724Judgments rendered by the court of first instance as final judgments. The general rule is that they may not be appealed. The exception. Its cases.Pleadings — Part Three · Source page 461
  21. Principle 2725The defendant submitting an incidental claim. Assessment of the value of the action in relation to the appeal threshold on the basis of whichever of the original or incidental claims is greater in value. The condition thPleadings — Part Three · Source page 461
  22. Principle 2726Appealing an auction adjudication judgment. Its cases. Invalidity of the procedures preceding the sale hearing is not among these cases. The requirement to invoke it before the sales judge or the competent court in accorPleadings — Part Three · Source page 462
  23. Principle 2727Assessment of the value of the action with respect to the appeal threshold. The parties' final claims are controlling. The reason therefor. Example.Pleadings — Part Three · Source page 462
  24. Principle 2728The rule is that judgments delivered with final effect by courts of first instance may not be appealed. The exception: where the judgment is affected by nullity, or procedural nullity influenced the judgment, or the judgPleadings — Part Three · Source page 462
  25. Principle 2731The court's ratification of the parties' agreement. Permissible only in their presence and with their consent. One party's failure to appear or acknowledge the agreement. Its effect. The court must refrain from ratifyingPleadings — Part Three · Source page 463
  26. Principle 2732Appeal against a judgment awarding the auction sale. Its cases. Article 277 of the Civil Procedure Law. Invalidity of the circumstances preceding the sale hearing, such as invalidity of the sale announcement or invaliditPleadings — Part Three · Source page 463
  27. Principle 2733The Administrative Circuit of the Court of First Instance. The legislature assigned it a special system for preparing actions before they are submitted to it, specified a particular monetary threshold for appealing judgmPleadings — Part Three · Source page 463
  28. Principle 2738Appeal against judgments issued within the final-jurisdiction monetary threshold of the court of first instance is conditional upon nullity in the judgment or nullity in the procedures that affected it. Reason thereof.Pleadings — Part Three · Source page 464
  29. Principle 2739Assessment of the value of the action for jurisdiction or the appeal threshold. The determining consideration therein. The value of the claims submitted, not what the court awarded. Multiple undisputed claims arising froPleadings — Part Three · Source page 464
  30. Principle 2741A request that does not possess the character of a definite claim requiring adjudication in the judgment. Does not constitute an omission remediable by returning to the same court that adjudicated it. The judgment rulingPleadings — Part Three · Source page 465
  31. Principle 2742The appellant’s contention that service of the appeal petition occurred by delivery of its copy to the officer in charge of the police station and before the judgment staying the action. Inadmissible so long as the stay Pleadings — Part Three · Source page 465
  32. Principle 2743Assessment of the value of the action in relation to the appeal threshold. Where the defendant submits an incidental claim or brings an ancillary warranty action. It is based on the higher value of the two claims, originPleadings — Part Three · Source page 465
  33. Principle 2744The circuit constituted at the Court of First Instance pursuant to Decree-Law 42 of 1988 concerning the liquidation of situations arising from forward share transactions. It has jurisdiction only over matters formerly wiPleadings — Part Three · Source page 465
  34. Principle 2746The appellant’s contention before the expert appointed by the court of first instance that it was not liable for compensation for the permanent partial disability arising from the second respondent’s workplace injury becPleadings — Part Three · Source page 466
  35. Principle 2747The circuit constituted at the Court of First Instance pursuant to Decree-Law 42 of 1988 concerning the liquidation of situations arising from forward share transactions. It has jurisdiction only over matters formerly wiPleadings — Part Three · Source page 466
  36. Principle 2748An action for maintenance. Of unassessed value. Reason thereof. It is continuing unless something arises that justifies its termination. This means that the judgment issued concerning it may be appealed without meeting aPleadings — Part Three · Source page 467
  37. Principle 2749Permissibility of appeal. The determining factor. Example concerning the permissibility of appealing a judgment delivered in an action concerning a claim not susceptible to valuation.Pleadings — Part Three · Source page 467
  38. Principle 2750The criterion for determining the final-instance jurisdiction of courts. Their adherence to the rules of jurisdiction prescribed by law and their not departing from them expressly or implicitly. Its relation to public poPleadings — Part Three · Source page 467
  39. Principle 2752Judgments rendered in personal status matters. Their appealability as a general rule, regardless of the value of the action. The exception. Matters relating to inheritance, wills, endowments and dower. Article 34/2 of thPleadings — Part Three · Source page 467
  40. Principle 2753The court's determination of a plea of lack of jurisdiction, whether by acceptance or rejection. It acquires res judicata authority even if contrary to public policy. Failure to appeal it. Its effect. Its becoming immunePleadings — Part Three · Source page 467
  41. Principle 2754Judgments may be challenged only by the party against whom judgment was rendered. The criterion in that regard. The judgments delivered by the court, not the decisions it issues. - The court’s decision to remove the actiPleadings — Part Three · Source page 468
  42. Principle 2757Appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules in circumstances including nullity affecting the judgment. This iPleadings — Part Three · Source page 468
  43. Principle 2758Filing an objection through the ordinary procedures for instituting an action or as an incidental claim ancillary to a pending action. The objector's resort to the first method. Requires filing the objection before the cPleadings — Part Three · Source page 468
  44. Principle 2759Judgments issued by the Court of First Instance are appealable if the dispute is of unquantified value or its value exceeds 1,000 dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended, establPleadings — Part Three · Source page 469
  45. Principle 2760The appellant's restriction of his appeal to the part concerning compensation, excluding the first-instance court's ruling rejecting the plea. Its implication. The ruling on the latter part becomes immune from challenge.Pleadings — Part Three · Source page 469
  46. Principle 2761The court’s omission to determine some claims through error or oversight. Remedying this. The means is to return to the same court to address what it omitted to determine. Article 126, Civil Procedure. Challenging the juPleadings — Part Three · Source page 469
  47. Principle 2762Actual lawyers' fees awarded by the court to a litigant at his request. Part of the costs of the action. An appeal against the judgment awarding them is subject to the same rules as an appeal against the judgment on the Pleadings — Part Three · Source page
  48. Principle 2763Appealing the judgment issued on the grievance against the payment order and ruling to annul it for a reason unrelated to the petition - 469 - Civil Procedure for its issuance or on the basis of the absence of one of itsPleadings — Part Three · Source page
  49. Principle 2764Challenging judgments by those who have accepted them. Impermissible. - Acceptance precluding an appeal against a judgment may be express or implicit. - Matters from which implicit acceptance precluding a challenge to thPleadings — Part Three · Source page
  50. Principle 2765Valuation of an action in relation to the appeal threshold. The criterion. The parties’ final claims. The reason for that.Pleadings — Part Three · Source page
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