المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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 collection

  1. أوجه الدفاع

    Principle 3149Advancing grounds of defence before the Court of Appeal. Does not constitute a new claim. An example concerning the raising of a defence relating to ill-treatment and neglect before the Court of Appeal.Pleadings — Part Three · Source page 531
  2. Principle 3150The right of retention. A substantive defence that may be invoked for the first time before the Court of Appeal. When its conditions are satisfied. Article 318, Civil Code.Pleadings — Part Three · Source page 531

  3. ما يندرج في مضمون الطلب الأصلي أو يقصد به تحديده أو تصحيحة

    Principle 3151The plea of inadmissibility of the action for lack of legal capacity. May be raised at any stage of the action and for the first time before the Court of Appeal. Reason therefor. - 531 - Procedure 3- What falls within thPleadings — Part Three · Source page 531
  4. Principle 3152The new claim that is inadmissible on appeal. Its nature. - What is not considered a new claim. Example: a claim for repayment of the value of the cheque, because it falls within the substance of the liquidation claim prPleadings — Part Three · Source page 532
  5. Principle 3153A new claim that is inadmissible on appeal. Its nature. Regard is had to the true nature and purpose of the claim, not the wording in which it is formulated. What is not considered a new claim in this regard. Example: thPleadings — Part Three · Source page 532
  6. Principle 3154Judicial demand. Its nature. Its effect. Defining the scope of the action for the judge and the litigants. Its consequence. Inadmissibility of new claims on appeal. What is not considered such. An example concerning a clPleadings — Part Three · Source page 532
  7. Principle 3155An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, solely within the limits of what has been appealed. A new ground may be added while the original claim remains unchangedPleadings — Part Three · Source page 532
  8. Principle 3156New claims may not be submitted on appeal. A new cause may be raised while the subject matter of the original claim remains unchanged.Pleadings — Part Three · Source page 532
  9. Principle 3157The original claim. Changing and adding to its cause while retaining its subject matter. Permissible for the appellant. Basis thereof. Article 144/3 of the Law of Procedure. - Annulment or nullity of a contract. Its effePleadings — Part Three · Source page 532
  10. Principle 3159A judicial claim. A procedural act directed to the court against the opposing party, by which the scope of the action is defined. - The subject matter of the original claim may remain unchanged while its ground is changePleadings — Part Three · Source page 533
  11. Principle 3161A judicial claim. A procedure directed to the court against the opposing litigant. It determines the scope of the action. The court must adhere to that scope when adjudicating the action. - The inadmissibility of new reqPleadings — Part Three · Source page 533
  12. Principle 3162A claim for judicial set-off. How it is made: by an originating action or an incidental claim. It may be raised by memorandum before the first-instance expert. Consequence: it is not considered a new claim on appeal. ConPleadings — Part Three · Source page 533
  13. Principle 3163A new claim that may not be raised for the first time before the Court of Appeal. It is one that differs from the claims before the court of first instance in its subject matter, cause or the party against whom it is dirPleadings — Part Three · Source page 533
  14. Principle 3164A new claim that is inadmissible on appeal. Its nature. It is a claim that differs from the claim raised before the court of first instance. Example: the wife's request before the court of first instance for an award of Pleadings — Part Three · Source page 534

  15. طلب الأداء المعادل

    Principle 3166Requesting equivalent performance for the first time before the Court of Appeal. Permissible while the subject matter of the original claim remains unchanged. Article 144/3, Civil Procedure.Pleadings — Part Three · Source page 534
  16. Principle 3167A claim for equivalent performance for the first time on appeal. Permissible. Its condition: the original claim remains unchanged. Article 144/3 of the Law of Procedure. - The court of first instance’s rejection of the cPleadings — Part Three · Source page 534
  17. Principle 3168Nullity or annulment of the contract. Its effect. Extinguishing it retroactively to the time of its conclusion and treating its performance as never having occurred, while restoring the contracting parties to their positPleadings — Part Three · Source page 535
  18. Principle 3169Establishment that one party was not enriched at the other's expense and that, at the same time, the latter's assets were not impoverished by the consideration claimed for use. Its effect: that claim has no basis.Pleadings — Part Three · Source page 535

  19. الأسباب المضافة

    Principle 3170A claim for equivalent performance. Permissible before the Court of Appeal while retaining the original claim. 5- Added grounds:-Pleadings — Part Three · Source page 535
  20. Principle 3171The impermissibility of raising his new claims on appeal. This rule concerns public policy. Exception. Changing and adding to the cause of the claim. Change.Pleadings — Part Three · Source page 535

  21. الاستئناف الأصلي والفرعي والمقابل

    Principle 3172The original claim may be maintained unchanged and its ground changed and added to on appeal. An example of a ground added on appeal. 6- Principal, incidental and cross-appeals:-Pleadings — Part Three · Source page 535
  22. Principle 3177An incidental appeal follows the principal appeal. The termination of the proceedings therein necessarily entails the termination of the incidental appeal.Pleadings — Part Three · Source page 536
  23. Principle 3178A cross-appeal or incidental appeal is not directed against the principal appellant. Directing it against the other respondents is impermissible.Pleadings — Part Three · Source page 536
  24. Principle 3179An incidental appeal. May be filed by a memorandum deposited with the court registry until the close of oral argument in the principal appeal. Depositing the memorandum within the period specified for submitting memorandPleadings — Part Three · Source page 536
  25. Principle 3180An incidental appeal. May be directed only against the principal appellant. Directing it against another respondent. Impermissible.Pleadings — Part Three · Source page 536
  26. Principle 3181Filing an incidental appeal after the appellant has accepted the appealed judgment. Permissible. The condition for this is that acceptance must precede the filing of the principal appeal. Subsequent acceptance extinguishPleadings — Part Three · Source page 536
  27. Principle 3182Incidental appeal. Its filing by the respondent. Its effect. Placing the dispute before the court of second instance within the limits of what was raised upon the principal and incidental appeals.Pleadings — Part Three · Source page 537
  28. Principle 3183An incidental appeal by the respondent is permissible after the appeal period has expired for that respondent or after acceptance of the judgment appealed against. The condition therefor. That the respondent allowed the Pleadings — Part Three · Source page 537
  29. Principle 3184The appellee filing an incidental appeal or a cross-appeal. Its effect. The dispute adjudicated by the court of first instance is transferred in its entirety to the Court of Appeal within the limits of the relief sought Pleadings — Part Three · Source page 537
  30. Principle 3185The respondent may bring an incidental appeal against the appellant. The condition therefor. That he has allowed the appeal period to expire or accepted the judgment before his opponent filed the principal appeal. The raPleadings — Part Three · Source page 537
  31. Principle 3186A subsidiary appeal filed by the appellee after the time limit or after accepting the judgment before the principal appeal was filed by his opponent. When it is permissible. - 537 - ProcedurePleadings — Part Three · Source page 537
  32. Principle 3187Failure to challenge the judgment's ruling that the incidental appeal brought by the appellant against the second respondent was inadmissible. The challenge in respect of the latter. Inadmissible.Pleadings — Part Three · Source page 538
  33. Principle 3188The respondent's right to file an incidental appeal. When it lapses. The devolutive effect of an incidental appeal. Its limits. - What does not constitute acceptance of the judgment appealed against.Pleadings — Part Three · Source page 538
  34. Principle 3189A judgment conclusively deciding several claims or issues. Filing a principal appeal against its ruling on one of them. Its effect. The respondent may file an incidental appeal after the appeal period has expired, whose Pleadings — Part Three · Source page 538
  35. Principle 3190The subsidiary appeal provided for in Article 143 of the Code of Civil Procedure. What is meant by it.Pleadings — Part Three · Source page 538
  36. Principle 3191A cross-appeal may be raised by memorandum or orally in the presence of the opposing party.Pleadings — Part Three · Source page 538
  37. Principle 3192Reserving the action for judgment and granting leave to submit memoranda within a specified period. Its effect. Pleadings remain open. Consequence. The respondent may file an incidental appeal. - Dismissal of an incidentPleadings — Part Three · Source page 538
  38. Principle 3193The respondent's right to lodge an incidental appeal. Its condition: not having accepted the judgment after the principal appeal was lodged. This concerns public policy. It may be invoked for the first time before the CoPleadings — Part Three · Source page 538
  39. Principle 3195The appellee may, until the close of oral argument and after expiry of the appeal period, file an incidental appeal through the ordinary procedures or by a memorandum containing the grounds of his appeal. Its condition.Pleadings — Part Three · Source page 539
  40. Principle 3197Depositing security. A condition for the admissibility of a principal appeal brought by a petition deposited with the registry. The reason therefor: combating vexatious litigation. Absence of this rationale in a cross-apPleadings — Part Three · Source page 539
  41. Principle 3198The appellee’s submission before the Court of Appeal, in the appellant’s absence, of a memorandum containing a subsidiary appeal seeking an increase in the maintenance awarded. Its necessary consequence. Service on the lPleadings — Part Three · Source page 539

  42. لا يضار المستأنف باستئنافه

    Principle 3199The respondent may, until the close of pleadings, bring an incidental appeal. Its condition. Not having accepted the judgment after the principal appeal was brought. - Failure to appeal the judgment within the time limitPleadings — Part Three · Source page 539
  43. Principle 3200An appellant may not be prejudiced by his appeal. Example: the appellate judgment may not address the respondent's contention that the judgment is invalid because it adjudicated substantive claims before payment of the fPleadings — Part Three · Source page 540
  44. Principle 3201Worsening the appellant's position through an appeal brought by that appellant alone. Impermissible. - An appeal by both the injured party and the person responsible for the accident against the compensation judgment. ThPleadings — Part Three · Source page 540

  45. سقوط خصومة الاستئناف

    Principle 3202The injured party and the person responsible for the accident appealing the judgment awarding compensation to the injured party, and the court consolidating the two appeals. Consequence. The court may affirm, set aside oPleadings — Part Three · Source page 540

  46. لعدم إعلانه خلال الميعاد

    Principle 3203Lapse of proceedings does not concern public policy but rather the interest of the party. The implication thereof. The party may waive it expressly or implicitly. The right to invoke it is forfeited by addressing the merPleadings — Part Three · Source page 540
  47. Principle 3204The prescribed period for serving the respondent is a period for appearance. Failure to observe it. Its effect. A judgment deeming the appeal as never having been may be rendered. The respondent's appearance after its exPleadings — Part Three · Source page
  48. Principle 3205Imposition of the sanction of deeming the appeal as never having been brought lies within the unfettered discretion of the court of merits.Pleadings — Part Three · Source page
  49. Principle 3206Deeming the action as never having been brought for failure to serve the defendant or appellee within the prescribed period from depositing the initiating pleading with the registry. Established for the benefit of the dePleadings — Part Three · Source page
  50. Principle 3207Discretion to impose the sanction of deeming the appeal as never having been brought for failure to summon the respondent to appear within thirty days from the date of submission of the appeal petition to the registry. WPleadings — Part Three · Source page
PreviousPage 55 of 75Next