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. من حيث موضوعه

    Principle 2819The criterion for identifying the part of the first-instance ruling challenged on appeal is the claims contained in the appeal petition, not its grounds. The court of first instance’s ruling on claims not so presented bePleadings — Part Three · Source page 478
  2. Principle 2821The scope of an appeal is determined not by all requests presented to the court of first instance, but by those among them placed before the Court of Appeal. Implication thereof. The Court of Appeal may not address in dePleadings — Part Three · Source page 478
  3. Principle 2822An appeal transfers the action in the state it was in before the appealed judgment was rendered, solely in respect of what is appealed. The first-instance ruling that was not challenged. Becomes irrevocable.Pleadings — Part Three · Source page 479
  4. Principle 2823An appeal transfers the action in the state it was in before delivery of the judgment appealed against, solely in respect of what has been appealed. The basis for that and its meaning. - The scope of the appeal is definePleadings — Part Three · Source page 479
  5. Principle 2824Judicial demand. Its nature. The scope of the action is renewed by that demand. The court's obligation not to go beyond its scope. An appeal transfers the action in the state it was in before the appealed judgment was rePleadings — Part Three · Source page 479
  6. Principle 2825The scope of a cassation appeal does not extend beyond the judgment challenged. A cassation appeal against the judgment terminating the proceedings does not necessarily entail a challenge to all judgments delivered beforPleadings — Part Three · Source page 479
  7. Principle 2826Determining the portion of the ruling of the court of first instance challenged on appeal. Criterion. Example.Pleadings — Part Three · Source page 479
  8. Principle 2827Filing an appeal entails transferring the subject matter of the dispute, within the limits of the appellant's claims, to the court of second instance.Pleadings — Part Three · Source page 479
  9. Principle 2828The scope of appeal. Its implication. - Prohibition on accepting any new claim before the appellate court. The rationale for this. - The statement of claim being confined to a request for judicial divorce without addressPleadings — Part Three · Source page 479
  10. Principle 2829Nullity of a contract on grounds relating to public policy is deemed submitted to the Court of Appeal upon appeal against a judgment imposing on a party an obligation arising from it, even if the parties did not address Pleadings — Part Three · Source page 480
  11. Principle 2831The scope of the action is defined by the judicial claim, whether original or incidental. The effect of that. The court’s obligation, when determining it, not to go beyond its scope. - The female appellant’s confinement Pleadings — Part Three · Source page 480
  12. Principle 2832The scope of the proceedings before the court of second instance is determined by what has been appealed and the aspects of the dispute addressed in the notice of appeal.Pleadings — Part Three · Source page 480
  13. Principle 2833Dissolution of marriage for desertion. Its distinction from a request for judicial divorce for dispute and discord between the spouses. - A request for a judgment of judicial divorce for desertion, not for dispute and diPleadings — Part Three · Source page 480
  14. Principle 2834An appeal transfers the action in the state in which it stood before delivery of the judgment appealed against, only in respect of the matters appealed. The meaning of this.Pleadings — Part Three · Source page 481
  15. Principle 2836An appeal transfers the action in the state it was in before the appealed judgment was rendered, only in respect of what has been appealed.Pleadings — Part Three · Source page 481
  16. Principle 2838The appellant's request to set aside the appealed judgment includes an award of the appellant's claims rejected by that judgment. The reason therefor. An example.Pleadings — Part Three · Source page 481
  17. Principle 2839The scope of the appeal. It is determined not by the claims previously submitted at first instance but by those presented to the appellate court. The effect thereof. The first-instance court's ruling on all other mattersPleadings — Part Three · Source page 481
  18. Principle 2840Appeal. Its effect. Transfer of the action in the state it was in before issuance of the appealed judgment to the appellate court, solely as regards what is appealed. Its meaning. What is not addressed in the statement -Pleadings — Part Three · Source page 481
  19. Principle 2841An appeal transfers the action to the court of second instance only with respect to what has been appealed. - The determining factor in identifying a party's claims is the relief he requests to be adjudged in his favor, Pleadings — Part Three · Source page 482
  20. Principle 2842Appeal. Its effect and scope. - Identification of the part of the court of first instance’s ruling challenged on appeal. Its criterion. The claims contained in the petition, not what the appellant again seeks in memorandPleadings — Part Three · Source page 482
  21. Principle 2843Determining what is challenged on appeal in the ruling of the court of first instance. Criterion. The appellant’s requests stated in the notice of appeal, not the grounds relied upon.Pleadings — Part Three · Source page 482
  22. Principle 2844The respondent's inclusion in her appeal petition of a statement that the marital obedience dwelling specified in the statement of claim differs from the dwelling inspected, and her concluding request to set aside the apPleadings — Part Three · Source page 482
  23. Principle 2848Challenge by cassation. It does not extend beyond the judgment challenged. Its difference from an appeal, which necessarily entails an appeal against all previously delivered judgments unless they have been expressly accPleadings — Part Three · Source page 483
  24. Principle 2850New claims may not be made on appeal. The reason therefor. - Conversion of a contract adjudged void into another contract which the contracting parties would have intended had they known of the invalidity of the contractPleadings — Part Three · Source page 483
  25. Principle 2851The scope of the appeal. Its limits. The claims presented before the Court of Appeal. The general rule is that new claims on appeal are inadmissible. Its implication. The court is bound by the parties' claims before the Pleadings — Part Three · Source page 483
  26. Principle 2852The scope of the appeal is determined by the claims submitted before the court of first instance within the limits of what was appealed. Its consequence: neither the court nor the litigants may change their substance or Pleadings — Part Three · Source page 483
  27. Principle 2853Appeal. Its scope. What is appealed and within the limits of the appellant's claims. Its implication. What has been adjudicated beyond those claims acquires the force of res judicata, which prevails over public policy, aPleadings — Part Three · Source page 483
  28. Principle 2854Claims brought before the court of second instance. Their nature: only those adjudicated by the court of first instance and appealed. Its implication. Omission of one of the claims before the court of first instance. ThePleadings — Part Three · Source page 484
  29. Principle 2855Appeal. Its scope: not all claims submitted before the court of first instance, but those brought before the Court of Appeal. The ruling of the court of first instance on the remainder becomes final and conclusive. ConsePleadings — Part Three · Source page 484
  30. Principle 2856Identification of the ruling challenged on appeal. Its criterion: the appellant’s claims contained in the appeal petition, not the grounds on which the appeal was based. Example.Pleadings — Part Three · Source page 484
  31. Principle 2857The obligation to adjudicate the appeal even in the absence of the appellant or appellee. A newly introduced rule. Condition thereof. The appeal must be ready for adjudication; otherwise, the court shall order it struck Pleadings — Part Three · Source page 484
  32. Principle 2858Issuance of a judgment declaring bankruptcy. Its effect. From its date, the bankrupt is divested of the administration of all his assets, whether related to his business or not. The reason: all his assets secure payment Pleadings — Part Three · Source page 484
  33. Principle 2860The first-instance judgment rendered on the merits of the action. It necessarily includes an implicit ruling that the court has jurisdiction to hear it. A party's restriction of his appeal to the judgment's ruling on thePleadings — Part Three · Source page 485
  34. Principle 2862The scope of the appeal. Its criterion. The appellant's requests set out at the conclusion of the statement of appeal. The consequence thereof. The first-instance court's ruling on all other matters is considered conclusPleadings — Part Three · Source page 485
  35. Principle 2863The scope of appeal. Its criterion. The appellant's claims stated at the conclusion of the statement of appeal. Its implication: the first-instance court's ruling beyond them is deemed irrevocable. Its necessary consequePleadings — Part Three · Source page 485
  36. Principle 2864The system of litigation at two levels. Its meaning. Reconsideration, for a second time before the Court of Appeal, of the same case decided by the court of first instance. Effect thereof. The Court of Appeal may considePleadings — Part Three · Source page 486
  37. Principle 2865An incidental appeal or cross-appeal transfers the entire dispute determined by the court of first instance to the Court of Appeal, within the limits of the relief sought in them and in the principal appeal. The Court ofPleadings — Part Three · Source page 486
  38. Principle 2866An appeal transfers the action in the state it was in before the appealed judgment was rendered, solely as regards what has been appealed. Implication thereof. Determining what is challenged on appeal. Criterion: the relPleadings — Part Three · Source page 486
  39. Principle 2868The scope of the appeal. Is determined by the claims previously made before the court of first instance and within the limits of what is appealed. Neither the court nor the litigants may depart from them, whether by chanPleadings — Part Three · Source page 486

  40. نصاب الاستئناف

    Principle 2869The scope of appeal. It is determined by the claims submitted that were previously raised before the court of first instance. Those not submitted on appeal become conclusive and acquire an authority that takes precedencePleadings — Part Three · Source page 487
  41. Principle 2870Assessment of the value of the action in relation to the appeal threshold. The defendant's submission of an incidental claim or institution of an ancillary warranty action. The assessment is based on the higher value of Pleadings — Part Three · Source page 487

  42. من حيث أشخاصه والإدخال والتدخل فيه

    Principle 2873Appellate proceedings. They are considered independent of the proceedings before the court of first instance in terms of their institution and conduct. Its effect: cessation of the capacity of a representative of a litigPleadings — Part Three · Source page 488
  43. Principle 2878Challenging judgments. Permissible for anyone who was a party to the proceedings before the court that rendered the appealed or challenged judgment and did not abandon his dispute with his opponent until judgment was renPleadings — Part Three · Source page 489
  44. Principle 2879Challenging judgments. Permissible only by the party against whom judgment was rendered. A person in whose presence judgment was sought and who adopted a passive position in the dispute. A challenge to the judgment by hiPleadings — Part Three · Source page 489
  45. Principle 2880A challenge may be brought only by a person who was a party to the dispute determined by the challenged judgment and in the capacity attributed to him therein. - The judgment debtor's challenge to the judgment in the capPleadings — Part Three · Source page 489
  46. Principle 2881A judgment declaring an application to intervene inadmissible does not make the applicant a party to the action or to the judgment rendered therein, and the applicant has no right to challenge that judgment. The applicanPleadings — Part Three · Source page 489
  47. Principle 2882A person who was not a party to the action in which the judgment appealed against was delivered. His jurisdiction before the Court of Cassation is impermissible.Pleadings — Part Three · Source page
  48. Principle 2883The parties to the appellate proceedings are determined by the first-instance judgment. - 489 - ProcedurePleadings — Part Three · Source page
  49. Principle 2884A person who was not a party before the Court of Appeal. Joining him as a party to the cassation appeal is inadmissible. Example: a ruling that an appeal is impermissible in respect of a person whose joinder the court ofPleadings — Part Three · Source page
  50. Principle 2885Joining the administrative authority for the first time before the Court of Appeal. Permissible. The reason therefor. Example: joining the Public Housing Authority to provide the information in its possession.Pleadings — Part Three · Source page
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