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. الأثر الناقل للاستئناف

    Principle 2951An appeal transfers to the Court of Appeal the same dispute that was before the court of first instance, within the limits of what was appealed.Pleadings — Part Three · Source page 500
  2. Principle 2952The devolutive effect of appeal. Its implication. The Court of Appeal is not bound by the view adopted in the appealed judgment.Pleadings — Part Three · Source page 500
  3. Principle 2953The Court of Appeal. Is not confined to addressing the judgment appealed against. It must exercise its review over the work of the court of first instance, whether concerning facts or the application of law. No fault attPleadings — Part Three · Source page 500
  4. Principle 2954An appeal transfers the subject matter of the dispute within the limits of the appellant’s requests before the Court of Appeal.Pleadings — Part Three · Source page 500
  5. Principle 2955The devolutive effect of an appeal. Its import. - Worsening the appellant's position through an appeal brought by him alone. Impermissible. - 500 - Civil Procedure - Appeals by both the injured party and the liable partyPleadings — Part Three · Source page 500
  6. Principle 2956The devolutive effect of an appeal. Its scope. Appealing the principal claim directed against a particular opponent does not place the alternative claim directed against the other opponent before the Court of Appeal. ExaPleadings — Part Three · Source page 501
  7. Principle 2957The devolutive effect of appeal. Its consequence. An example of what is not considered submitted to the Court of Appeal. - A claim for compensation. Does not in itself include a claim for interest.Pleadings — Part Three · Source page 501
  8. Principle 2958An appeal transfers the action to the court of second instance with all its factual elements and legal grounds. The Court of Appeal may form its conviction from the statements of witnesses before the court of first instaPleadings — Part Three · Source page 501
  9. Principle 2959The appeal transfers the action to the Court of Appeal with its factual elements and legal evidence solely within the limits of what is appealed. The Court of Appeal may not address a new subject matter not presented to Pleadings — Part Three · Source page 501
  10. Principle 2961The devolutive effect of an appeal. Its consequence. Pleas and defences raised before the court of first instance are considered to be before the Court of Appeal. Condition thereof. They have not been waived.Pleadings — Part Three · Source page 501
  11. Principle 2964An appeal transfers the action in the state it was in before the appealed judgment was rendered, as regards the matters appealed. The implication thereof. A material defence previously raised before the court of first inPleadings — Part Three · Source page 502
  12. Principle 2965The devolutive effect of the principal appeal and the incidental appeal or cross-appeal. Its limits. - The appellate court has authority to adjudicate the dispute submitted to it in all its aspects, whether for the princPleadings — Part Three · Source page 502
  13. Principle 2967An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, within the limits of the appellant's requests. What falls outside the authority of the Court of Appeal. Its nature.Pleadings — Part Three · Source page 502
  14. Principle 2970Appeal. Its effect. Transfer of the action to the Court of Appeal with the pleas and grounds of defense previously raised by the respondent before the court of first instance, even if he does not invoke them before it, aPleadings — Part Three · Source page 503
  15. Principle 2971An appeal transfers the subject matter of the dispute in its entirety to the Court of Appeal and places it before that court anew, together with its legal grounds and factual evidence.Pleadings — Part Three · Source page 503
  16. Principle 2972An appeal transfers the action, within the limits of what has been appealed, to the court of second instance, together with the pleas and grounds of defence previously advanced by the respondent before the court of firstPleadings — Part Three · Source page 503
  17. Principle 2973The appellant’s reliance before the court of first instance on the limitation defense, which that court saw no need to examine after concluding that the indebtedness had not been established. Appealing this judgment. NecPleadings — Part Three · Source page 503
  18. Principle 2974An appeal transfers the action in the state it was in before the appealed judgment was rendered. The Court of Appeal has no power to address a new claim not submitted to the court of first instance. The reason therefor. Pleadings — Part Three · Source page 503
  19. Principle 2976An appeal transfers the action in the state it was in before the appealed judgment was rendered, solely as regards the matters appealed. Article 144 of the Law of Procedure. Its implication: the court of second instance Pleadings — Part Three · Source page 503
  20. Principle 2978Appeal. Its effect. Transferring the claims adjudicated by the court of first instance, within the limits of what has been appealed, to the appellate court.Pleadings — Part Three · Source page 504
  21. Principle 2979Investigating the capacity of the litigants and inferring the existence of an employment relationship are matters independently determined by the court of merits. The court of second instance has general jurisdiction to Pleadings — Part Three · Source page 504
  22. Principle 2980The devolutive effect of appeal. Its implication. Transfer of the action to the court of second instance with all its elements and evidence within the limits of the appellant's claims, including the pleas and defense he Pleadings — Part Three · Source page 504
  23. Principle 2981The ruling of the court of first instance being confined to deciding the procedural plea in the action. Its effect. It has not exhausted its jurisdiction over the merits. Setting aside its judgment. Consequence. The courPleadings — Part Three · Source page 504
  24. Principle 2983Appeal. Its effect. Resubmission of the dispute to the court of second instance within the limits of the matters appealed against, together with its legal grounds and factual evidence. - 504 - ProcedurePleadings — Part Three · Source page 504
  25. Principle 2984The Court of Appeal. Its right to consider the action and review the ruling of the court of first instance. Within the limits of what has been appealed. Example concerning the assessment of divorce compensation.Pleadings — Part Three · Source page 505
  26. Principle 2985The principle of litigation at two levels. Its import. Reconsideration of the same case adjudicated by the court of first instance a second time before the Court of Appeal. Example.Pleadings — Part Three · Source page 505
  27. Principle 2986Filing an appeal. Its effect. Resubmission of the dispute anew to the court of second instance, together with its legal grounds and factual evidence, as regards the matters appealed. Article 144 of the Law of Procedure.Pleadings — Part Three · Source page 505
  28. Principle 2988Litigation at two levels. Its relation to public policy. - Instituting an action seeking a declaration of the non-existence of a judgment initially before the appellate court. Deprivation of a level of litigation. The prPleadings — Part Three · Source page 505
  29. Principle 2993It being established that the dispute in the three actions has a single aspect without independence. The challenged judgment's conclusion that the appellant's appeal is confined to the action in which he intervened, wherPleadings — Part Three · Source page 506
  30. Principle 2994Appeal. Its effect. Transferring the action in the state it was in before the appealed judgment was rendered, solely in respect of what is appealed. - A conclusive ruling that was not the subject of an appeal. Its acquisPleadings — Part Three · Source page 506
  31. Principle 2995The devolutive effect of appeal. Confined solely to the matters appealed against. Its necessary implication. A conclusive ruling that was not the subject of appeal. Acquires the force of res judicata, which prevails overPleadings — Part Three · Source page 507
  32. Principle 2996The devolutive effect of an appeal. Its nature. - The court of first instance exhausting its jurisdiction by ruling on the merits of the action. The Court of Appeal’s ruling setting aside that judgment. Its effect is thaPleadings — Part Three · Source page 507
  33. Principle 2997The plea of lapse of the right. A substantive plea. May be raised at any stage of the action. Example.Pleadings — Part Three · Source page 507
  34. Principle 2998An appeal. Its effect. Matters not covered by the appeal petition. Fall outside the authority of the Court of Appeal.Pleadings — Part Three · Source page 507
  35. Principle 2999Appealing the judgment rendered on the merits of the case necessarily entails appealing all preceding judgments unless they have been expressly accepted. A rule that does not apply to an appeal in cassation. The reason tPleadings — Part Three · Source page 507
  36. Principle 3000The scope of the appeal. It is determined by the claims submitted before the court of first instance within the limits of what was appealed. The consequence thereof. Departure from them is impermissible, whether by changPleadings — Part Three · Source page 507
  37. Principle 3001An appeal transfers the case in the state it was in before the appealed judgment was rendered, only as regards what was brought upon appeal. The import thereof. The court considers the appeal on the basis of the new evidPleadings — Part Three · Source page 508
  38. Principle 3002The plea of inadmissibility of the action provided for in the first article of Law 33 of 2000. Does not concern the validity of the procedures of the proceedings. The court of first instance exhausts its jurisdiction by Pleadings — Part Three · Source page 508
  39. Principle 3004Appeal. Its effect. Transfer of the action to the court of second instance with all its factual elements and legal evidence. Article 144 of the Civil Procedure Law.Pleadings — Part Three · Source page 508
  40. Principle 3005An appeal against the judgment on the merits of the action necessarily entails an appeal against all preceding judgments unless they have been expressly accepted. A rule that does not apply to a challenge by cassation. -Pleadings — Part Three · Source page 508
  41. Principle 3006Litigation at 2 levels. Its fundamental pillar. Reconsideration of the case decided by the court of first instance a second time before the Court of Appeal, without introducing a new case. - Appeal. Its effect. Transfer Pleadings — Part Three · Source page 509
  42. Principle 3007Litigation at 2 levels. Its fundamental pillar is reconsideration, for a second time before the Court of Appeal, of the case determined by the court of first instance, without introducing a new case. - Appeal. Its effectPleadings — Part Three · Source page 509
  43. Principle 3008The two-tier litigation system. Its implication. Reconsideration of the same case determined by the first-instance court a second time before the Court of Appeal. The effect of this. The Court of Appeal may hear it on thPleadings — Part Three · Source page 509
  44. Principle 3009The devolutive effect of an appeal. Its prerequisite and consequence: the Court of Appeal must respond to pleas and defences previously advanced by the respondent before the court of first instance, even if not advanced Pleadings — Part Three · Source page 509
  45. Principle 3010Appealing the judgment rendered on the merits of the action entails appealing all preceding judgments unless they have been expressly accepted. A rule that does not apply to appeals in cassation. The consequence thereof.Pleadings — Part Three · Source page 509
  46. Principle 3011The appeal transfers the subject matter of the dispute in the state it was in before issuance of the appealed judgment and resubmits it to it with its legal grounds and factual evidence. The Court of Appeal has no power Pleadings — Part Three · Source page 510
  47. Principle 3012An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, within the limits of what is appealed. - The court may not worsen the challenger's position through a challenge filed byPleadings — Part Three · Source page
  48. Principle 3013The devolutive effect of appeal. Its meaning: transfer of the action, within the limits of the matters appealed against, to the court of second instance. The pleas and defences previously raised by the respondent before Pleadings — Part Three · Source page
  49. Principle 3014Filing an appeal. Its effect. Placing the dispute anew before the court of second instance with its legal grounds and factual evidence as regards what has been appealed. Article 144 of the Law of Procedure.Pleadings — Part Three · Source page
  50. Principle 3015An appeal transfers the action to the court of second instance within the limits of the claims upon which it was instituted before the court of first instance. Neither the Court of Appeal nor the litigants may contravenePleadings — Part Three · Source page
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