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 3016The Court of Appeal undertaking to decide a matter not before it. Impermissible. The reason: an appeal transfers the action to the court of second instance in the state it was in before the appealed judgment was renderedPleadings — Part Three · Source page 511

  2. الأثر الناقل للاستئناف الفرعي أو المقابل

    Principle 3017The appellate court has authority to adjudicate the dispute submitted to it in all its aspects, whether for the principal appellant or the party bringing the incidental appeal. 8- The devolutive effect of the incidental Pleadings — Part Three · Source page 511

  3. سلطة محكمة الاستئناف في إعادة التقدير

    Principle 3019The Court of Appeal has full jurisdiction to reconsider the action within its limits of what was appealed. It may assess compensation differently from the assessment of the court of first instance.Pleadings — Part Three · Source page 511
  4. Principle 3020The Court of Appeal's power to reassess maintenance. It is not at fault if it does not refute the conclusions drawn by the court of first instance. - 511 - Civil ProcedurePleadings — Part Three · Source page 511
  5. Principle 3023The power of the court of second instance to reassess the evidence contrary to the assessment of the court of first instance. The condition therefor is that it bases its ruling on sound reasons.Pleadings — Part Three · Source page 512
  6. Principle 3024The appellate court may differ from the court of first instance in assessing maintenance. The reason and condition therefor.Pleadings — Part Three · Source page 512
  7. Principle 3025The Court of Appeal confining itself to varying the appealed judgment. Reasons must be given for what the variation covers. Anything else. Considered to have been affirmed. - Assessing maintenance of its various types, iPleadings — Part Three · Source page 512

  8. سلطة محكمة الاستئناف في تقدير أقوال الشهود

    Principle 3026Assessment of maintenance of its various kinds, the extent of the means of the person liable for it, and the need of the person entitled to it. A question of fact. The court of merits has sole discretion in its assessmenPleadings — Part Three · Source page 512
  9. Principle 3028The Court of Appeal may assess witness statements differently from the assessment of the court of first instance.Pleadings — Part Three · Source page 513
  10. Principle 3029The Court of Appeal may assess witness testimony differently from the assessment thereof by the court of first instance. Its refuting the inferences drawn by the court of first instance. Not necessary. It suffices that iPleadings — Part Three · Source page 513

  11. عدم قبول طلبات جديدة في الاستئناف

    Principle 3030The Court of Appeal may assess witness statements differently from the assessment of the court of first instance without being obliged to refute the opinion of the court of first instance. It is sufficient that its own oPleadings — Part Three · Source page 513
  12. Principle 3036An appeal transfers the case in its existing state. Inadmissibility of new claims. An example of the Court of Appeal exceeding its authority within the limits of the appeal brought before it.Pleadings — Part Three · Source page 514
  13. Principle 3037An appeal transfers the action within the limits of the claims with which it was brought before the court of first instance. The Court of Appeal may not address a new subject matter that does not have the character of acPleadings — Part Three · Source page 514
  14. Principle 3041New claims before the Court of Appeal. Inadmissible. Example. A claim for judicial set-off.Pleadings — Part Three · Source page 514
  15. Principle 3043An action for judicial divorce on grounds of harm. Basing it before the court of first instance on desertion and refusal to provide maintenance. Adding a new ground on appeal, namely assault by beating and insult. ReversPleadings — Part Three · Source page 515
  16. Principle 3044The interest that may be claimed before the Court of Appeal is that which has accrued after the appealed judgment was rendered, provided that interest was originally claimed before the court of first instance.Pleadings — Part Three · Source page 515
  17. Principle 3045An appeal transfers the action in all its elements to the Court of Appeal. Raising new claims on appeal. Impermissible. However, a new ground may be raised.Pleadings — Part Three · Source page 515
  18. Principle 3046A new request on appeal. Permissibility of changing and adding to the basis of the original request.Pleadings — Part Three · Source page 515
  19. Principle 3047A claim not presented before the court of first instance may not be presented on appeal. The reason therefor. The appellate court is confined to the claims made before the court of first instance, and new claims before iPleadings — Part Three · Source page 515
  20. Principle 3048Raising new requests on appeal is impermissible except in the excepted cases. Changing the cause of action on appeal is permissible. An example of a change to the cause of action rather than a new request.Pleadings — Part Three · Source page 515
  21. Principle 3049A litigant's submission of a document before the appellate court in response to its request, and the absence of any defense raised concerning it, do not violate the system of litigation at two levels.Pleadings — Part Three · Source page 515
  22. Principle 3050A new claim that is inadmissible on appeal. Its definition. What is not considered such a claim. That which is intended to clarify and define the original claim, correct it, state its legal consequences, or express it inPleadings — Part Three · Source page 515
  23. Principle 3051Judgments may be challenged only by the party against whom judgment was rendered. The criterion for identifying a party to the action. Claims being directed by or against that party. The consequence thereof. - A new claiPleadings — Part Three · Source page 516
  24. Principle 3052The prohibition on submitting new claims on appeal is a rule relating to public policy. - A new claim that is inadmissible on appeal. Its nature.Pleadings — Part Three · Source page 516
  25. Principle 3053A request for judicial set-off. It may not be raised for the first time before the Court of Appeal.Pleadings — Part Three · Source page 516
  26. Principle 3055The court of merits being bound by the claims submitted by the parties in the action does not prevent it from adjudicating what is necessarily and actually encompassed within those claims. A claim for spousal maintenancePleadings — Part Three · Source page 516
  27. Principle 3056A request for judicial set-off. Raising it for the first time before the Court of Appeal. Impermissible.Pleadings — Part Three · Source page 516
  28. Principle 3057The impermissibility of presenting new claims on appeal. A fundamental rule pertaining to public policy. However, a new ground may be advanced while the subject matter of the original claim remains unchanged. An example Pleadings — Part Three · Source page 516
  29. Principle 3058Acceptance of an appeal as to form does not extend in its binding authority to the merits of the dispute before the Court of Appeal. The implication thereof. Only the rulings at first instance that have been appealed arePleadings — Part Three · Source page 516
  30. Principle 3059Failure on appeal to challenge the first-instance judgment declaring the dissolution of the sale. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the valuation compensation or to property aPleadings — Part Three · Source page 517
  31. Principle 3060Incidental claims by the defendant. They are inadmissible for the first time on appeal. Example.Pleadings — Part Three · Source page 517
  32. Principle 3061A new claim that is inadmissible on appeal. It is one that differs from the claim submitted before the court of first instance in its subject matter, cause or the party against whom it is directed. The Court of Appeal's Pleadings — Part Three · Source page 517
  33. Principle 3063A request before the court of first instance to hold the opposing party responsible for executing a judgment. A claim for compensation for damage before the court of second instance. A new claim that may not be admitted.Pleadings — Part Three · Source page 517
  34. Principle 3064New requests on appeal. Inadmissible. - An incidental request on appeal. A new request. The appellate judgment’s failure to respond to it. Does not vitiate it.Pleadings — Part Three · Source page 517
  35. Principle 3065Incidental claims by the defendant. Inadmissible for the first time on appeal. Their omission by the appellate judgment. Does not vitiate it. - 517 - ProcedurePleadings — Part Three · Source page 517
  36. Principle 3066The court of first instance ruling that the action seeking appointment of an expert has ended after the expert submitted his report. The plaintiff has no interest in challenging this judgment. This is not altered by his Pleadings — Part Three · Source page 518
  37. Principle 3067Adding a new claim on appeal that was not submitted before the court of first instance. Impermissible unless it falls within the exception prescribed by Article 144/3 of the Civil and Commercial Procedure Law. The reasonPleadings — Part Three · Source page 518
  38. Principle 3068Incidental claims. Making them for the first time before the Court of Appeal. Impermissible.Pleadings — Part Three · Source page 518
  39. Principle 3069The scope of the action is determined by the judicial demand. Effect thereof. - A claim for rescission raised for the first time on appeal. An inadmissible new claim. The appellate judgment's disregard thereof. Does not Pleadings — Part Three · Source page 518
  40. Principle 3071A judicial claim. Its definition and effect. - A new claim that may not be raised on appeal. Its nature. Its distinction from a new means of defence.Pleadings — Part Three · Source page 518
  41. Principle 3073The inadmissibility of new requests on appeal. A rule considered one of the fundamental procedural rules relating to public policy. - A new request that is inadmissible on appeal. Its nature.Pleadings — Part Three · Source page 519
  42. Principle 3074The new claim that does not admit of appeal. Its definition. - New claims may not be directed before the court of first instance. An example concerning an incidental claim.Pleadings — Part Three · Source page 519
  43. Principle 3077An appeal results in resubmission of the action to the appellate court. The limits thereof. Matters not submitted to the court of first instance and not decided by it are inadmissible for submission before the Court of APleadings — Part Three · Source page 519
  44. Principle 3078The rule in the litigation system is that it operates at two levels; thus, new requests on appeal are inadmissible. - A litigant limiting his requests before the first instance to the appointment of an expert as a prelimPleadings — Part Three · Source page 519
  45. Principle 3079An appeal transfers the action in its state before the appealed judgment was rendered, within the limits of what was raised upon appeal. New claims. Inadmissible. Example.Pleadings — Part Three · Source page 519
  46. Principle 3080The authority of the Court of Appeal is confined to what was before the court of first instance, decided by that court and appealed. - 519 - Procedure - A new claim on appeal. Inadmissible. - The right of the Court of ApPleadings — Part Three · Source page 519
  47. Principle 3081Impermissibility of claiming interest accrued before the final claims before the court of first instance. The exception. Claiming such interest as accrued thereafter.Pleadings — Part Three · Source page
  48. Principle 3082The prohibition on admitting new claims on appeal. Its definition. It is what differs in its subject matter or parties from the original claim and may be brought by a fresh action without a plea of res judicata based on Pleadings — Part Three · Source page
  49. Principle 3083New claims on appeal. Their inadmissibility. This concerns public policy. - A new claim on appeal. Its nature. - The claim relied upon in the action is the express, unequivocal claim.Pleadings — Part Three · Source page
  50. Principle 3084New claims on appeal are inadmissible. Changing or adding to the cause. Permissible. A new claim. Its nature. An example of what constitutes a new claim.Pleadings — Part Three · Source page
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