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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. تسبيب الحكم الاستئنافي

    Principle 3390The Court of Appeal may uphold the first-instance judgment and refer to its contents, whether as regards the statement of the facts of the action or the reasons upon which it was based. Its condition. Their sufficiency tPleadings — Part Three · Source page 573
  2. Principle 3391The Court of Appeal. It is not obliged to respond to the reasons of the first-instance judgment when reversing or amending it. Its condition. That it base its judgment on reasons sufficient to support it.Pleadings — Part Three · Source page 573
  3. Principle 3392The Court of Appeal's reference to the reasons of the first-instance judgment in addition to its own reasons, even if it disagrees with that judgment. Meaning thereof. Reference to what does not contradict those reasons.Pleadings — Part Three · Source page 573

  4. ترك الخصومة في الاستئناف

    Principle 3393The Court of Appeal. Its confining itself to amending the judgment appealed against. It is obliged to give reasons only for what the amendment covers. The remainder is deemed to have been upheld by adopting the reasons oPleadings — Part Three · Source page 574

  5. مصروفات الاستئناف

    Principle 3394The plaintiff and the appellant may discontinue the proceedings by one of the methods specified in Article 99 of the Civil Procedure Law. - A ruling on discontinuance before the Court of Appeal. Its condition: that the dPleadings — Part Three · Source page 574
  6. Principle 3395Exemption of the Government from judicial fees, whatever the entity representing it. The judgment's error in ordering the government entity to pay the fees of the appeal brought by it. - 574 - Civil ProcedurePleadings — Part Three · Source page 574

  7. أثر الحكم في الاستئناف

    Principle 3396Workers' exemption from judicial fees for actions they bring to claim their rights prescribed in the Labour Law. Permissibility of ordering them to pay all or part of the costs, including lawyers' fees, when the action iPleadings — Part Three · Source page 575
  8. Principle 3397Acceptance of the appeal as to form has no binding effect extending to the merits of the dispute submitted to the Court of Appeal. The consequence thereof. Only what has been appealed of the first-instance ruling is submPleadings — Part Three · Source page 575
  9. Principle 3398A ruling accepting an appeal in form implicitly rules that it is permissible and precludes raising that issue anew. The Court of Appeal's power to reassess.Pleadings — Part Three · Source page 575
  10. Principle 3399The Court of Appeal's ruling invalidating the arbitrators' award. Consequence. The award ceases to exist with all its effects. Effect of this. It may not be relied upon.Pleadings — Part Three · Source page 575
  11. Principle 3400The Court of Appeal ruling that the arbitral award is null and void and remitting the case to the court of first instance. Consequence. The claim for interest is considered to be before it. - 575 - ProcedurePleadings — Part Three · Source page 575
  12. Principle 3401The res judicata effect of the first-instance judgment is provisional. Its suspension upon the mere filing of an appeal. The effect of a judgment upholding or reversing it.Pleadings — Part Three · Source page 576

  13. حجية الحكم الاستئنافي

    Principle 3402A ruling dismissing the action in one of the two appeals, thereby negating the appellant's liability. Its effect: the other appeal—based on a request to increase the compensation awarded—becomes devoid of an object, and Pleadings — Part Three · Source page 576

  14. رفضها مع رفض دعوى المدعي

    Principle 3403Adjudication of the very same issue, where it is comprehensive, by a judgment having res judicata effect. A bar to the same litigants disputing, by action or defence, any partial right whose establishment or negation depPleadings — Part Three · Source page 576

  15. - بوجه عام

    Principle 3404Cassation of the judgment. Its effect on the defendant's defenses previously rejected together with the dismissal of the plaintiff's action. His right to maintain them before the Court of Cassation when it hears the appePleadings — Part Three · Source page 576
  16. Principle 3407Awarding what the parties did not request or more than they requested, where this is not the result of an unintentional oversight by the court. The means of correcting it. An appeal by way of cassation, not a petition foPleadings — Part Three · Source page 577
  17. Principle 3408A judgment being based on documents acknowledged or adjudged to be forged after its issuance. Effect. Admissibility of a petition for reconsideration of that judgment. - Admission of the petition. Its necessary consequenPleadings — Part Three · Source page 577
  18. Principle 3409Awarding something not sought by the litigants or more than they sought. When the means of challenging it is a petition for reconsideration and when that means is an appeal in cassation.Pleadings — Part Three · Source page 577
  19. Principle 3410An award of what the parties did not request, if it was not the result of an unintentional oversight by the court that rendered the judgment. The means of correcting it. Challenging the judgment by cassation, not by a pePleadings — Part Three · Source page 577
  20. Principle 3411An allegation of obtaining a document decisive to the dispute after issuance of the appellate judgment, or of fraud by the opposing party in concealing that document. Among the grounds for a petition for reconsideration.Pleadings — Part Three · Source page 577
  21. Principle 3412Fraud upon which a petition for reconsideration is based. Its nature and conditions. - 577 - ProcedurePleadings — Part Three · Source page 577
  22. Principle 3414The agent's lending in the name of the establishment owned by the petitioner without having the right to borrow in its name under the power of attorney issued to him. A substantive defence. Its implication. The facilitiePleadings — Part Three · Source page 578
  23. Principle 3415Cassation challenges against judgments issued by the Court of Appeal. Their cases. - Jurisdiction of the Rentals Circuit of the Court of First Instance. Its scope. Appeals against judgments issued by it. Their cases. JudPleadings — Part Three · Source page 578
  24. Principle 3416A judgment inadvertently ruling the statement of claim void without a request. Its correction is by means of a petition for reconsideration. The judgment's departure from this. An error of law.Pleadings — Part Three · Source page 578
  25. Principle 3417Awarding what the litigants did not request or more than they requested, where this was not the result of an inadvertent oversight by the court that rendered the judgment. The means of correcting it. An appeal in cassatiPleadings — Part Three · Source page 578
  26. Principle 3418Judgments rendered by the Court of Cassation. They may not be challenged by ordinary or extraordinary means of challenge. Article 156/3, Civil Procedure. The prohibition encompasses its judgments rendered on the challengPleadings — Part Three · Source page 578
  27. Principle 3419A judgment awarding something the parties did not request or more than they requested. The means of challenging it is a petition for reconsideration, not an appeal in cassation. Unless the court has explained its view ofPleadings — Part Three · Source page 579
  28. Principle 3420A petition for reconsideration based on documents whose forgery was acknowledged or judicially established after its issuance. Condition for its admissibility. Forgery of the document forming the basis of the judgment muPleadings — Part Three · Source page 579
  29. Principle 3421Appeal by way of cassation is confined to judgments issued by the Court of Appeal and final judgments, whatever the court that issued them, if they determine a dispute contrary to another judgment previously issued betwePleadings — Part Three · Source page 579
  30. Principle 3422The judgment awarding something the parties did not request or more than they requested. Among the grounds for a petition for reconsideration. The court making such an award while aware of the true nature of the claims sPleadings — Part Three · Source page 579
  31. Principle 3423The first-instance judgment determining a petition for reconsideration filed after Law 51 of 1984 came into force, without intervention by the Public Prosecution in a dispute concerning a person of diminished legal capacPleadings — Part Three · Source page 579
  32. Principle 3425A person outside the litigation in the action in which the final judgment was rendered. May not challenge that judgment by a petition for reconsideration. Example.Pleadings — Part Three · Source page 580
  33. Principle 3426A petition for reconsideration on the ground prescribed in paragraph (b) of Article 148 of the Civil Procedure Law. Its requirements.Pleadings — Part Three · Source page 580
  34. Principle 3427Appeal in cassation is an exceptional means of challenging judgments rendered by the Court of Appeal and any final judgment, regardless of the court that rendered it, if it determines a dispute contrary to another judgmePleadings — Part Three · Source page 580
  35. Principle 3429A petition for reconsideration. Procedures for filing it. Their nature. - The parties must adhere to the grounds for reconsideration stated in the petition without presenting new grounds at the hearing. Exception: new evPleadings — Part Three · Source page 580
  36. Principle 3430The judgment’s ruling that the petition is inadmissible. Its necessary consequence. It may not thereafter address the substance of the ground of challenge relating to the subject matter of the petition. - 580 - ProcedurePleadings — Part Three · Source page 580
  37. Principle 3432The rule is the addressee's certain knowledge of judicial service. The exception. Presumptive knowledge and constructive knowledge. It may not be extended by analogy, as it is provided for exhaustively. The appearance ofPleadings — Part Three · Source page 581
  38. Principle 3433Awarding something not requested by the litigants or more than they requested. Its effect. Permissibility of challenging it by cassation where the court was aware of and intended that. And by a petition for reconsideratiPleadings — Part Three · Source page 581
  39. Principle 3434A judgment issued as final being based on documents whose forgery was acknowledged or judicially established after its issuance. Its effect. The parties may petition for its reconsideration. - Alleging forgery, in reconsPleadings — Part Three · Source page 581
  40. Principle 3436Challenge by petition. The legislature assigned it special rules according to the nature of each of the six cases in which it permitted it. How this is done. It made the commencement of the time limit for the cases set oPleadings — Part Three · Source page 581
  41. Principle 3437The legislature’s provision for termination of the proceedings at a particular level of litigation without appeal in cassation. Impermissibility of using a petition for reconsideration as a pretext for appeal in cassatioPleadings — Part Three · Source page 582
  42. Principle 3439Fraud on which a petition for reconsideration is based. Its nature. Its conditions: that it emanate from the judgment creditor, their representative or a third party—if the opposing party participated in it or used it knPleadings — Part Three · Source page 582
  43. Principle 3440The law making the commencement of a time limit dependent upon a particular procedural act. Its effect. That act may not be replaced by any other act. The implication of this. Service of the judgment which starts the timPleadings — Part Three · Source page 582
  44. Principle 3441An appeal in cassation against the judgment rendered on a petition for reconsideration. Its subjection to the general rules governing appeals in cassation. Its effect. A judgment rendered by the Court of Appeal declaringPleadings — Part Three · Source page 583
  45. Principle 3442Admissibility of a petition for reconsideration where a document is obtained after issuance of the judgment. Its prerequisites. The document must be decisive in the action such that, had it been submitted, it would have Pleadings — Part Three · Source page 583
  46. Principle 3444Judgments rendered by the Court of Cassation. They may not be challenged by ordinary or extraordinary means of challenge. Reason for this. These judgments constitute the final stage of litigation. Article 156/3 of the CiPleadings — Part Three · Source page 583
  47. Principle 3445Appeal in cassation against a judgment issued on a petition for reconsideration. Its subjection to the general rules governing appeals in cassation. Effect: a judgment issued by the Court of Appeal declaring the petitionPleadings — Part Three · Source page
  48. Principle 3448An award of something the parties did not request or more than they requested. Its effect. It may be challenged by cassation where the court was aware of that, and by a petition for reconsideration where it was not awarePleadings — Part Three · Source page
  49. Principle 3449Fraud upon which a petition for reconsideration is based. Its nature and the conditions for its acceptance. Article 248 of the Civil Procedure Law.Pleadings — Part Three · Source page
  50. Principle 3450A petition for reconsideration based on documents whose production before delivery of the judgment the opposing party had prevented. Condition for its admissibility. The document must be decisive in the action such that,Pleadings — Part Three · Source page
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