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 3954Custody. Its definition. Actual control over a thing on a legal or factual basis. Ascertaining its existence. A matter of fact independently determined by the court hearing the merits. Condition thereof.Pleadings — Part Three · Source page 690
  2. Principle 3955Assessment of the presence of the constituent elements of custody and inference of the fault giving rise to liability for compensation. A matter for the trial court.Pleadings — Part Three · Source page 690
  3. Principle 3956Judicial receivership authorizes the receiver only to perform acts of administration. - Imposition of receivership does not affect the property owner's right to undertake all acts connected therewith. Its import. It has Pleadings — Part Three · Source page 690
  4. Principle 3957Issuance of a receivership judgment. Its effect. The receiver becomes the person entitled to administer the assets under receivership, act to preserve their rights against third parties, and litigate concerning them.Pleadings — Part Three · Source page 690
  5. Principle 3958The judicial receiver is the sole person having standing to represent the person placed under receivership. - 690 - ProcedurePleadings — Part Three · Source page 690
  6. Principle 3959An action for receivership. The court having jurisdiction over it. The Court of Urgent Matters. - Bringing a receivership action independently before the court of merits. Impermissible. Contravention thereof. A violationPleadings — Part Three · Source page 691
  7. Principle 3960Imposition of receivership. Its effect: the receiver is deemed the representative of the person concerned by operation of law. The receiver’s capacity is established upon issuance of the judgment. - The receiver’s task. Pleadings — Part Three · Source page 691
  8. Principle 3961Receivership. Its nature. Placing disputed property in the hands of a trustee for its preservation and administration if its remaining in the hands of its possessor would threaten with danger a person claiming a right thPleadings — Part Three · Source page 691
  9. Principle 3962Receivership is a temporary conservatory measure. Its implication. The receiver acts on behalf of the interested parties in undertaking acts to preserve the assets under receivership and the limited ancillary acts of disPleadings — Part Three · Source page 691
  10. Principle 3963Dissolution of a company. Its effect. The sole person having capacity to represent it before the courts is the liquidator appointed to liquidate it, and the company retains its legal personality and domicile throughout tPleadings — Part Three · Source page 692
  11. Principle 3964Dissolution and liquidation of a company. Its effect. Termination of its managers' capacity and their replacement by the liquidator appointed by the court. His becoming the person having capacity to represent the companyPleadings — Part Three · Source page 692
  12. Principle 3969The summary matters judge has full authority provisionally to examine the seriousness of the dispute in an enforcement objection, provided that he relies on grounds justifying it, not to determine it by a judgment concluPleadings — Part Three · Source page 693

  13. إجراءات الحجز

    Principle 3970The enforcement officer may stay enforcement or proceed with it provisionally until the enforcement objection is adjudicated. Article 212 of the Procedure Law. Attachment 1- Attachment procedures:-Pleadings — Part Three · Source page 694
  14. Principle 3971The burden of proof rests on whoever alleges something contrary to the apparent state of affairs. Assessment of the appellant's documents concerning the right for which attachment was levied. Within the authority of the Pleadings — Part Three · Source page 694
  15. Principle 3972The garnishee. His obligation to make a declaration of his indebtedness at the registry of the Court of First Instance within a week of being served with the attachment. His refusal to declare his indebtedness. Its imporPleadings — Part Three · Source page 694
  16. Principle 3973The attachment report and the order authorizing it. The attaching creditor must serve them on the person subjected to attachment within no more than eight days from the date it is levied, and the attaching creditor must,Pleadings — Part Three · Source page 694
  17. Principle 3974The creditor’s right to attach his debtor’s assets in satisfaction of his rights. Derives fundamentally from those rights. Cases in which obtaining an order from the judge of interim matters is necessary for attachment tPleadings — Part Three · Source page 694
  18. Principle 3975Completion of the prescribed attachment procedures. Does not in itself remove the attached property from the ownership of the person against whom attachment is levied. Its implication. Attachment is preparatory to satisfPleadings — Part Three · Source page 695
  19. Principle 3976The challenge to the judgment for violating the law by ruling that the attachment proceedings taken against the bankruptcy trustee were valid despite the issuance of a judgment setting aside the judgment declaring his baPleadings — Part Three · Source page 695
  20. Principle 3977Enforcement procedures. A condition of their validity: they must be preceded by service of the enforceable instrument upon the debtor, and the service document must contain a statement of what is demanded and a demand thPleadings — Part Three · Source page 695
  21. Principle 3978Every right in rem over immovable property, whether a principal right in rem such as ownership or an accessory right in rem such as a registered mortgage, is regarded as immovable property. These rights in rem over immovPleadings — Part Three · Source page 696
  22. Principle 3979Levying attachment of the debtor's property in the hands of a third party entails the total withholding of the attached property in the latter's hands, regardless of its value. The garnishee may not pay this property to Pleadings — Part Three · Source page 696
  23. Principle 3980The attaching creditor’s obligation to serve the attachment record and the order authorizing it on the person whose property is attached within eight days from the date of its imposition—unless previously served upon himPleadings — Part Three · Source page 696

  24. آثار الحجز

    Principle 3981The procedures to be taken in attaching movables in the debtor's possession. Set out in Article 242 and subsequent articles of the Code of Procedure. - 696 - Procedure 2- Effects of attachment:-Pleadings — Part Three · Source page 696

  25. الحجز التحفظي

    Principle 3982Levying attachment upon movable or immovable property. Its effect. Restraining the attached property, however high its value or low the amount of the debt for which attachment was levied. Attachment is not limited to a sPleadings — Part Three · Source page 697
  26. Principle 3984The trademark owner. He may obtain an order attaching the tools used in committing the offence and the products bearing the trademark that is the subject of the offence. A conservatory measure. It may be taken before or Pleadings — Part Three · Source page 697
  27. Principle 3985Proceedings for attachment of the tools and products used in counterfeiting the trademark. Their invalidity unless followed, within eight days of levying the attachment, by bringing a commercial or criminal action againsPleadings — Part Three · Source page 697
  28. Principle 3987The creditor's right to precautionary attachment of civil movables. Its import. They must be owned by the debtor. Example concerning a ship.Pleadings — Part Three · Source page 697
  29. Principle 3988Authorization for a creditor to levy a precautionary attachment on his debtor's movables. Its justifications. The creditor's fear. Loss of the general security for his right if the conditions concerning the debt are satiPleadings — Part Three · Source page 697
  30. Principle 3989Precautionary attachment and garnishment of the debtor’s property held by a third party. Conditions of the debt. Certainty of existence and establishment on an apparent basis. The apparent circumstances indicating the abPleadings — Part Three · Source page 698
  31. Principle 3990Assessment of the grounds warranting issuance of an order imposing precautionary attachment and assessment of the grounds of the grievance. Within the authority of the court of the merits.Pleadings — Part Three · Source page 698
  32. Principle 3991Grounds for authorizing a precautionary attachment. Conditions pertaining to the debt. Article 222 of the Civil Procedure Law.Pleadings — Part Three · Source page 698
  33. Principle 3992The creditor’s right to impose a precautionary attachment on the debtor’s movables and property held by third parties. Its condition. Fear of losing the security for his right, and that his debt be certain in existence aPleadings — Part Three · Source page 698
  34. Principle 3996Conservatory attachment. The condition for authorizing its levy. Ownership of the property intended to be attached. Contravention thereof. Its effect. Invalidity of the attachment.Pleadings — Part Three · Source page 698
  35. Principle 3997Imposition of the sanction upon the garnishee in the event of his refusal to declare his indebtedness, alteration of the truth, or concealment of the papers required to be deposited in support of the declaration. DiscretPleadings — Part Three · Source page 698
  36. Principle 3998Attaching creditors. When they and those deemed parties to the proceedings are exclusively entitled to the proceeds of enforcement.Pleadings — Part Three · Source page 699
  37. Principle 3999The trial judge's authority to assess the seriousness of the dispute over the debt for which attachment is levied. Its conditions. - Basing the judgment on an understanding contrary to what is established in the papers oPleadings — Part Three · Source page 699
  38. Principle 4000Imposition of the sanction requiring the garnishee to pay the amount for which attachment was imposed. Its basis and the conditions for its application.Pleadings — Part Three · Source page 699
  39. Principle 4001Precautionary attachment. Its purpose. - Order imposing precautionary attachment. Its conditions: the attaching creditor’s debt must be certain in existence and due for payment. Example.Pleadings — Part Three · Source page 699
  40. Principle 4002Precautionary attachment. Its cases. - An order levying precautionary attachment. Its conditions: that the attaching creditor's debt be certain in existence and due for payment. Disputing their fulfillment is a material Pleadings — Part Three · Source page 699
  41. Principle 4004Acts required to be issued in the name of His Highness the Amir of the country. They are judgments and acts equivalent thereto. An order for precautionary attachment falls outside that category. - 699 - Civil ProcedurePleadings — Part Three · Source page 699
  42. Principle 4005The time limits prescribed by Article 163 of the Civil Procedure Law(*). Directory. Their violation. Does not entail invalidity or lapse of the attachment order. Writing the attachment order in the judge’s own handwritinPleadings — Part Three · Source page 700
  43. Principle 4006Assessment of the grounds for ordering precautionary attachment and the grounds of grievance against it. Within the authority of the judge issuing the order and the court hearing the grievance against it. Condition therePleadings — Part Three · Source page 700
  44. Principle 4007Assessment of the grounds for issuing a precautionary attachment order and the grounds of grievance against it. Is for the judge issuing the order and subsequently the court hearing the grievance against it. An example.Pleadings — Part Three · Source page 700
  45. Principle 4008A creditor may, with permission from the judge of interim matters, whenever his debt is certain in existence and he holds no enforceable instrument or the debt is unquantified, impose a precautionary attachment on his dePleadings — Part Three · Source page 700
  46. Principle 4010Recourse to the judge of interim matters for precautionary attachment of the debtor’s movables and his assets held by third parties. Permissible even if the debt is not quantified, whenever the creditor fears losing the Pleadings — Part Three · Source page
  47. Principle 4011An action to validate precautionary attachment proceedings and an action for declaration of bankruptcy. Their basis and subject matter are one: the two debtors' failure to pay their debts. Their joinder for connection anPleadings — Part Three · Source page
  48. Principle 4013The respondent's restriction of her action to a request to validate the precautionary attachment without bringing an action against the attachment debtor to establish the right against him within the period specified in Pleadings — Part Three · Source page
  49. Principle 4014Counterfeiting a trademark. The conservatory measure that the trademark owner must take. Limited to seizure of the tools and machines used or that may be used in the counterfeiting process, and the packaging and papers bPleadings — Part Three · Source page
  50. Principle 4015A limited liability company. Consists of a number of persons not exceeding thirty. Each partner’s liability therein is limited to his share in the capital. The company’s legal personality is independent of the persons ofPleadings — Part Three · Source page
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