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. الإعادة لمحكمة أول درجة

    Principle 3318The Court of Appeal's ruling that the appealed judgment is invalid because the statement of claim is invalid. It may not proceed to adjudicate the merits of the action. The reason for this.Pleadings — Part Three · Source page 563

  2. شطب الاستئناف

    Principle 3319The Court of Appeal setting aside what the first-instance judgment decided on the principal claim. Its necessary consequence. The case must be remitted to the court of first instance to decide the alternative claim. - 56Pleadings — Part Three · Source page 563

  3. الاستئناف

    Principle 3321The plaintiff's or appellant's failure to attend the hearing does not prevent determination of either. The condition for this. Example. The Court of Appeal's proceeding to determine the action and not ordering it struck Pleadings — Part Three · Source page 564

  4. تسبيب الحكم الاستئنافي

    Principle 3322The actions specified in Article 338 of Law 51/1984. Intervention of the Public Prosecution therein. Mandatory, prescribed by an imperative rule concerning public policy. Its failure to intervene. Its effect. Absolute nuPleadings — Part Three · Source page 564
  5. Principle 3326The appellate judgment basing its ruling on a legal basis different from that of the first-instance judgment. Does not vitiate it.Pleadings — Part Three · Source page 565
  6. Principle 3327The appellate judgment setting out sufficient new reasons. Where it states that it adopts the reasons of the judgment appealed against. This means that it adopts them insofar as it has not corrected them.Pleadings — Part Three · Source page 565
  7. Principle 3328The appellate judgment's adoption of the reasons of the first-instance judgment. This does not vitiate it so long as they are sufficient to support it and contain a response defeating the grounds of appeal.Pleadings — Part Three · Source page 565
  8. Principle 3329The Court of Appeal stating that it adopts the reasons of the first-instance judgment in addition to the reasons it has stated means that it adopts those reasons of the judgment that do not conflict with the reasons of iPleadings — Part Three · Source page 565
  9. Principle 3330The superfluous statements in the first-instance judgment do not detract from the soundness of the appellate judgment so long as it adopted from that judgment's reasons only what does not conflict with its own reasons. -Pleadings — Part Three · Source page 565
  10. Principle 3331No reproach attaches to the Court of Appeal for referring, in its statement of the facts and reasons, to what appears in the first-instance judgment that it upheld, provided these suffice to support it.Pleadings — Part Three · Source page 566
  11. Principle 3332The Court of Appeal's upholding of the first-instance judgment as regards its response to the party's objections. No fault attaches to it if it does not include in its judgment separate reasons responding to those objectPleadings — Part Three · Source page 566
  12. Principle 3333The appellate judgment ruling to vary the maintenance for the custody residence. The respondent having previously raised before the court of first instance that he had allocated a residence for the two young children. A Pleadings — Part Three · Source page 566
  13. Principle 3334No fault attaches to the appellate court for not responding separately to a defence or documents which it addressed in a manner indicating its awareness of them and which do not alter its view.Pleadings — Part Three · Source page 566
  14. Principle 3335No alteration of the conclusion reached by the first-instance judgment concerning a particular contract. Its reasons concerning that contract remain without any need for express reference to them.Pleadings — Part Three · Source page 566
  15. Principle 3336There is no fault in the Court of Appeal adopting the reasons of the first-instance judgment without addition.Pleadings — Part Three · Source page 566
  16. Principle 3337There is no fault in the Court of Appeal adopting, without addition, the reasons of the first-instance judgment that it affirmed.Pleadings — Part Three · Source page 566
  17. Principle 3338The appellate judgment's reference, as regards the facts, to what was stated in the first-instance judgment that it ruled to set aside. Does not render it defective.Pleadings — Part Three · Source page 566
  18. Principle 3339The Court of Appeal is not obliged to respond to what is stated in the first-instance judgment it has set aside, provided it has based its ruling on grounds sufficient to support it. - 566 - ProcedurePleadings — Part Three · Source page 566
  19. Principle 3340Reversal by the court of second instance of the first-instance judgment. It is not obliged to trace its reasons and respond to them.Pleadings — Part Three · Source page 567
  20. Principle 3343The appellate judgment. Its adoption of the reasons of the first-instance judgment. No defect. The condition for this.Pleadings — Part Three · Source page 567
  21. Principle 3345An appellate judgment is not vitiated by failure to grant a party's request to refer the action for evidentiary investigation, so long as the court of first instance afforded him that opportunity and he failed to avail hPleadings — Part Three · Source page 567
  22. Principle 3346The appellate judgment. Adoption of the reasons of the first-instance judgment suffices for the validity of its reasoning.Pleadings — Part Three · Source page 567
  23. Principle 3347The Court of Appeal is not obliged to respond to the reasons of the first-instance judgment if it sets it aside, so long as it bases its ruling on grounds sufficient to support it. - 567 - ProcedurePleadings — Part Three · Source page 567
  24. Principle 3349The court of second instance reversing the first-instance judgment. It is not obliged to examine its reasons individually and respond to them.Pleadings — Part Three · Source page 568
  25. Principle 3352The Court of Appeal's reference, in addition to its own reasons, to the first-instance judgment, even though it disagreed with it. Its import.Pleadings — Part Three · Source page 568
  26. Principle 3353There is no fault on the part of the Court of Appeal, when upholding the judgment appealed against, in adopting its reasons without addition whenever it considers them sufficient to dispense with stating anything new.Pleadings — Part Three · Source page 568
  27. Principle 3354The Court of Appeal confining itself to amending the appealed judgment. It is then obliged only to give reasons for what the amendment covers. Everything else. Is considered adjudicated by adopting the reasons of the firPleadings — Part Three · Source page 568
  28. Principle 3355The Court of Appeal may adopt an assessment of compensation differing from the ruling of the court of first instance. The condition for this.Pleadings — Part Three · Source page 568
  29. Principle 3360The Court of Appeal. Its ruling reversing the appealed judgment. It is not at fault if it does not refute and respond to that judgment's reasons.Pleadings — Part Three · Source page 569
  30. Principle 3361An appellate judgment is not vitiated by the absence of a reference to the reasons of the first-instance judgment which it merely ruled to vary. It suffices to state the reasons necessitating the variation, and it considPleadings — Part Three · Source page 569
  31. Principle 3362The Court of Appeal's adoption of the reasons of the first-instance judgment in addition to the reasons it states. Its implication. It adopts them insofar as they do not conflict with its own reasons.Pleadings — Part Three · Source page 569
  32. Principle 3363Compensation making good damage of both types. Its assessment. Within the authority of the court of the merits. - The Court of Appeal adjusting the amount of compensation upwards or downwards. Within the scope of its disPleadings — Part Three · Source page 569
  33. Principle 3364The Court of Appeal is not bound by the view adopted by the appealed judgment. The reason for and implication of this.Pleadings — Part Three · Source page 570
  34. Principle 3365The challenged judgment's disregard of the criticism directed against the appealed judgment that it set aside, basing its ruling on reasons of its own. This does not vitiate it.Pleadings — Part Three · Source page 570
  35. Principle 3366The appellant's raising in his appeal that the female custodian is incapable of custody and unfit for it, and requesting referral of the action for evidentiary investigation to prove this. The judgment's dismissal of thiPleadings — Part Three · Source page 570
  36. Principle 3367The Court of Appeal may adopt the reasons of the first-instance judgment without adding a response to the appellant’s defence where the first-instance judgment contains an implicit response to that defence. Example.Pleadings — Part Three · Source page 570
  37. Principle 3368The Court of Appeal's adoption of the reasons of the first-instance judgment without addition. Does not vitiate its judgment.Pleadings — Part Three · Source page 570
  38. Principle 3369The Court of Appeal may adopt the reasons of the judgment of the court of first instance without setting out new reasons. It may take an approach to assessing compensation different from that of the court of first instanPleadings — Part Three · Source page 570
  39. Principle 3370The Court of Appeal's affirmance of the first-instance judgment on independent grounds it established for its ruling. The existence of a contradiction between those grounds and some grounds of the first-instance judgmentPleadings — Part Three · Source page 570
  40. Principle 3371The Court of Appeal may refer to what is stated in the first-instance judgment whenever it concludes that it should be upheld.Pleadings — Part Three · Source page 570
  41. Principle 3372The devolutive effect of appeal. Its implication. - The appellate court's obligation to respond to defenses raised before the court of first instance. Its condition: that they have not been expressly or implicitly waivedPleadings — Part Three · Source page 570
  42. Principle 3373The Sharia requirements that an arbitrator must satisfy. Their nature. - The arbitrator's failure to satisfy the Sharia requirements because he suffers from psychological and mental disorders and graduated from one of thPleadings — Part Three · Source page 571
  43. Principle 3374An appeal transfers the entire action to the court of second instance with all its elements and evidence. Consequence. The pleas raised before the court of first instance are considered submitted to it. Effect: it must rPleadings — Part Three · Source page 571
  44. Principle 3375The appellate court may differ from the court of first instance in assessing maintenance. The rationale and conditions thereof.Pleadings — Part Three · Source page 571
  45. Principle 3378The appellate court's full jurisdiction to rehear the action within the limits of the matters appealed against. Its effect. It may determine the assessment of compensation contrary to the court of first instance. The conPleadings — Part Three · Source page 571
  46. Principle 3379The appellate judgment referring to the reasons of the first-instance judgment insofar as it upheld it. This is confined to what was appealed. An example.Pleadings — Part Three · Source page 572
  47. Principle 3382Assessment of maintenance of its various kinds, its increase or reduction, the financial means of the person obliged to pay it, and the female custodian's need for a servant. A matter of fact. - The Court of Appeal may aPleadings — Part Three · Source page
  48. Principle 3384Understanding the facts of the action and assessing its evidence and witness statements. The power of the court of merits. Its condition. The Court of Appeal may adopt the reasons of the appealed judgment to answer the aPleadings — Part Three · Source page
  49. Principle 3387The Court of Appeal may confine itself to adopting the reasons of the first-instance judgment as the reasons for its judgment without establishing new reasons for its judgment. Condition thereof.Pleadings — Part Three · Source page
  50. Principle 3389The Court of Appeal may uphold the first-instance judgment and refer to what it contains concerning the statement of the facts of the action or the reasons on which it was based. Its condition. That they be sufficient toPleadings — Part Three · Source page
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