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. - بوجه عام

    Principle 3451The insurer may have recourse against the insured for compensation paid to the injured party in the two cases of breach of reasonable conditions or the existence of one of the cases specified in Article 76 of the ExecutiPleadings — Part Three · Source page 585
  2. Principle 3452Fraud upon which a petition for reconsideration is based. It is that whose circumstances remained concealed from the opposing party throughout the hearing of the action, such that he had no opportunity to present his defPleadings — Part Three · Source page 585
  3. Principle 3453The petition for reconsideration provided for in paragraph (b) of Article 148 of the Civil Procedure Law. The condition for its admissibility. Establishment of forgery of the document forming the basis of the judgment, ePleadings — Part Three · Source page 585
  4. Principle 3454An action for reconsideration. A ruling therein that the petition is inadmissible. Its necessary consequence. The requests, pleas, and defenses raised by the appellant relating to the merits of the petition may not be adPleadings — Part Three · Source page 585
  5. Principle 3455An application by interested persons for annulment of an arbitrator’s award in the specified cases. It must not be used as a means of challenging the award on the same grounds of challenge that constitute grounds for appPleadings — Part Three · Source page 585
  6. Principle 3456Fraud on which a petition for reconsideration is based. Its nature: it is fraud committed by the person in whose favour judgment was rendered in the action on its basis, against which the court had no opportunity to guarPleadings — Part Three · Source page 585
  7. Principle 3457Challenge by petition for reconsideration. The legislature prescribed special rules for it according to the nature of each of the six cases in which it permitted it. How this is done. It made commencement of the period fPleadings — Part Three · Source page 586
  8. Principle 3458A petition for reconsideration. An extraordinary means of challenging final judgments. Law 148, Civil Procedure. - Judgments rendered by the Court of Cassation. They may not be challenged by ordinary or extraordinary meaPleadings — Part Three · Source page 586
  9. Principle 3459Fraud permitting a petition for reconsideration of judgments. Its nature and conditions: it must emanate from the successful litigant or his representative, be concealed from the appellant during consideration of the actPleadings — Part Three · Source page 586
  10. Principle 3460Issuance of a judgment having the force of res judicata and establishment that the party against whom it was rendered was not properly represented in the proceedings. Its effect. That force does not protect it from challPleadings — Part Three · Source page 586
  11. Principle 3463An objection by a third party to the proceedings is not a method of challenging judgments. Its true nature: intervention in the proceedings after judgment has been issued therein by a person whom the legislature has empoPleadings — Part Three · Source page 587
  12. Principle 3464An objection to a judgment by a person who is not a party to the proceedings. Its nature. The objector must prove fraud, collusion, or gross negligence on the part of the person who represented him in the action. ArticlePleadings — Part Three · Source page 588
  13. Principle 3465A person who was not personally a party to the litigation and against whom the judgment is binding. He has the right to resist its being invoked against him. The condition for this. Proof of fraud, collusion, or gross nePleadings — Part Three · Source page 588
  14. Principle 3466Third-party opposition. Its nature. Its condition: the opponent must prove fraud, collusion, or gross negligence by the person who represented him in the action. Consequence: it is inadmissible from a person to whom the Pleadings — Part Three · Source page 588
  15. Principle 3467An objection to a judgment by someone who is not a party to the proceedings is not in reality a challenge to the judgment by the party against whom judgment was rendered, but rather a form of intervention in the proceediPleadings — Part Three · Source page 588
  16. Principle 3468An objection to a judgment by a person who is not a party to the proceedings. It is not a method of challenging the judgment by the party against whom it was rendered. It is regarded as a form of intervention in the procPleadings — Part Three · Source page 589

  17. - الاعتراض على شروط البيع

    Principle 3470Disputes concerning grounds of objection to the conditions of sale, as well as those concerning procedures preceding the sale hearing, such as the invalidity of attachment of the real property or of the enforceable instrPleadings — Part Three · Source page 589

  18. - الأوامر على العرائض

    Principle 3471The ten-day time limit provided for in Article 271/4 of the Civil Procedure Law. One of the time limits calculated backwards. Its meaning. It is calculated in descending order from the day preceding the sale hearing to tPleadings — Part Three · Source page 590
  19. Principle 3472The owner of a registered trademark may obtain an order on petition, before or after instituting the criminal and commercial actions, for conservatory attachment of the machinery, tools, products and goods used in countePleadings — Part Three · Source page 590
  20. Principle 3473Orders on petitions. Their nature: those issued by judges of interim matters pursuant to their non-contentious authority, in the absence of the litigants and without reasons. Grievance against them. Its manner. AssessmenPleadings — Part Three · Source page 590
  21. Principle 3474The law has prescribed no particular form for an order on petition assessing the fees of an action other than that it be issued in writing by the president of the panel that issued it. Stating the name of the judge who iPleadings — Part Three · Source page 590
  22. Principle 3475The debtor's refusal to comply with a final judgment or final payment order. The Director of the Enforcement Department or the Deputy President of the Court of First Instance may issue an order on petition for his imprisPleadings — Part Three · Source page 590
  23. Principle 3476The Director of the Enforcement Department or the Deputy President of the Court of First Instance. Has authority to issue an order on petition imprisoning a debtor who refuses to execute a final judgment or final paymentPleadings — Part Three · Source page 591
  24. Principle 3477A travel-ban order issued by the Director of the Enforcement Department or by a person delegated by the General Assembly of the Court of First Instance. A grievance against it is permissible under the rules prescribed foPleadings — Part Three · Source page 591
  25. Principle 3478Obtaining an order on petition. Its condition: submission to the judge of temporary matters at the court competent to hear the dispute to which the order relates. Refusal to issue the order. Effect. The applicant has thePleadings — Part Three · Source page 591
  26. Principle 3479Every interested person and the owner of the trademark may obtain an order from the competent judge for conservatory measures against any machinery or tools used to affix the trademark, as well as the products, goods, anPleadings — Part Three · Source page 591
  27. Principle 3480A creditor's right to levy attachment on the debtor's assets in satisfaction of the creditor's rights. Arises fundamentally from those rights. Cases in which an order must be obtained from the judge of interim matters foPleadings — Part Three · Source page 592
  28. Principle 3481Orders on petitions. These are orders issued by judges of interim matters under their non-contentious authority on petitions submitted to them by interested persons. Their issuance without reasons for an interim or protePleadings — Part Three · Source page 592

  29. - أوامر الأداء

    Principle 3482Orders on petitions. These are orders issued by judges of interim matters, exercising their non-contentious authority, on petitions submitted to them by interested parties. Their issuance without reasons for an interim oPleadings — Part Three · Source page 592
  30. Principle 3487Jurisdiction to issue a payment order. The person entrusted with it. The three-day period specified in Article 167 of the Code of Procedure for the judge to issue his decision concerning the payment order. An organizatioPleadings — Part Three · Source page 593
  31. Principle 3488Following the procedure for obtaining payment orders. Its becoming mandatory under Decree-Law 44 of 1989 after having been optional. This concerns litigation procedures. Non-application of this amendment to actions validPleadings — Part Three · Source page 593
  32. Principle 3489The creditor must demand that the debtor satisfy the entitlement five days before obtaining a payment order; otherwise, the judge must refrain from issuing the order. His issuance of the order despite the absence of the Pleadings — Part Three · Source page 594
  33. Principle 3490The authority of the court hearing a grievance against a payment order, if it revokes it, to proceed to determine the dispute. Its cases. The reason for this.Pleadings — Part Three · Source page 594
  34. Principle 3491Recourse to the payment order procedure. Its conditions: a claim for a sum of money established in writing, of a specified amount and due for payment, or for movable property specified by kind and quantity. A debt of an Pleadings — Part Three · Source page 594
  35. Principle 3492Obtaining a payment order. Its procedures. Article 167 of the Civil and Commercial Procedure Law. - Absence of the conditions for issuing a payment order. The effect of this.Pleadings — Part Three · Source page 594
  36. Principle 3493The payment-order route. Its conditions and procedures. Articles 166 - 172, Civil Procedure. - Claiming a right ancillary to or connected with the right in respect of which procedures for obtaining a payment order were fPleadings — Part Three · Source page 594
  37. Principle 3494Recourse to the payment-order procedure. An exception to the general rules for bringing actions. The conditions the claimed debt must satisfy for recourse to this procedure. Example.Pleadings — Part Three · Source page 594
  38. Principle 3495Resorting to the payment-order procedure. Its conditions. They must be fulfilled in everything claimed by the creditor. Their nonfulfillment in the whole: its consequence.Pleadings — Part Three · Source page 594
  39. Principle 3496Following the payment order procedure. Its conditions. - 594 - Civil Procedure - Absence of a written document evidencing the debt claimed and inclusion in the claim of interest not established in writing and whose accruPleadings — Part Three · Source page 594
  40. Principle 3497The person serving the payment order records on the original document that the residence of the person to be served was closed, that service will be effected through the police station, and that he sent a registered lettPleadings — Part Three · Source page 595
  41. Principle 3498A grievance against a payment order. Its time limit: ten days from the date of its service. An example of a grievance after the time limit.Pleadings — Part Three · Source page 595
  42. Principle 3500Submitting the action to the court after refusal to issue a payment order. Its distinction from a challenge to it. The effect thereof.Pleadings — Part Three · Source page 595
  43. Principle 3501Resorting to the payment-order procedure is conditional on the debt claimed being a sum of money that is fixed in amount, evidenced in writing and due for payment. An example.Pleadings — Part Three · Source page 595
  44. Principle 3502Obtaining a payment order. Its condition. - A debt deferred to a term is not considered due for payment. The effect of this. It lacks the conditions for obtaining a payment order in claiming it. Example.Pleadings — Part Three · Source page 595
  45. Principle 3503Service of the petition and the payment order issued, from which the period for filing a grievance begins. Its requirements. Its subjection to the rules governing service of judicial documents and the rules for their delPleadings — Part Three · Source page 595
  46. Principle 3505The requirement that a lawyer admitted before the court sign the statement of claim in an action whose value exceeds five thousand dinars, the notice of challenge, and the petition for reconsideration, except those filedPleadings — Part Three · Source page 596
  47. Principle 3506The Rental Circuit of the Court of First Instance has exclusive jurisdiction to hear all disputes relating to leases and compensation arising from them, including jurisdiction to hear grievances against payment orders isPleadings — Part Three · Source page
  48. Principle 3507The court does not stop at setting aside the payment order challenged by grievance for a reason unconnected with the petition for its issuance. It must proceed to consider the merits of the dispute.Pleadings — Part Three · Source page
  49. Principle 3509Use of the payment-order procedure. Its requirements. An example of an application that did not satisfy the requirement that the debt established by the document be due for payment. - 596 - Civil ProcedurePleadings — Part Three · Source page
  50. Principle 3511A grievance against a payment order. It constitutes new proceedings in which the complainant is treated as the plaintiff. The court hearing the grievance has jurisdiction over incidental claims in addition to its jurisdiPleadings — Part Three · Source page
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