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. - ولاية المحاكم

    Principle 333Judicial jurisdiction. The general rule is that it belongs to the ordinary judiciary. The exception is confined to its limits without expansion. - The Administrative Division of the Court of First Instance. Its exclusivePleadings — Part Three · Source page 68
  2. Principle 334The right of recourse to the courts. Established for all people in defense of their rights. The courts have jurisdiction to adjudicate all disputes. The exception. The Constitution or the law conferring jurisdiction uponPleadings — Part Three · Source page 68
  3. Principle 335Annulment of administrative decisions. Jurisdiction over it is confined to the Administrative Circuit within the limits of the decisions specified in Article 1 of Law 20 of 1981 establishing it. Other decisions. ExcludedPleadings — Part Three · Source page 68
  4. Principle 336Jurisdiction to adjudicate all disputes belongs to the courts. The exception. Agreement between the litigants to refer any dispute arising between them over performance of a particular contract to an arbitrator or arbitrPleadings — Part Three · Source page 68
  5. Principle 337Rendering a judgment. Its effect: the court that rendered it exhausts its jurisdiction to determine the dispute, and it may not be amended or annulled except through the prescribed avenues of challenge.Pleadings — Part Three · Source page 69
  6. Principle 339Disagreement between the female custodian and the ward’s guardian on matters other than attending to the ward. The decision belongs to the guardian. Condition thereof. Sound judgment on the guardian’s part. Basis thereofPleadings — Part Three · Source page 69
  7. Principle 340The mother's custody of a female under Ja'fari jurisprudence lasts until seven years, and thereafter belongs to the father. The female's completion of nine years. Its import: her right to choose to join either parent. - Pleadings — Part Three · Source page 69
  8. Principle 342Arbitration is a judicial act. The arbitrator derives his jurisdiction therein from the litigants' agreement. Its effect. Arbitration is confined to what the parties to arbitration intend to submit to the arbitral tribunPleadings — Part Three · Source page 70
  9. Principle 343Arbitration agreement. The arbitrator has no power to rule on its validity or nullity. One of the parties to arbitration asserts the nullity of the agreement. Its necessary consequence is a stay of proceedings before thePleadings — Part Three · Source page 70
  10. Principle 344Conclusion of a valid marriage. Its condition. Offer by the wife's guardian and acceptance by the husband or by those acting in their stead. - The statutory provision is unrestricted in specifying who has guardianship auPleadings — Part Three · Source page 70
  11. Principle 345A guardian’s obstruction of a girl’s marriage and refusal to marry her off without valid reason. Its effect. Referral of the matter to the judge to order her marriage after verifying the suitor’s suitability. The meaningPleadings — Part Three · Source page 70
  12. Principle 346Arbitration is a judicial act. The arbitrator derives his jurisdiction therein from the litigants' agreement. Its effect: restricting arbitration - 70 - Civil Procedure to what the parties to arbitration intend to submitPleadings — Part Three · Source page 70
  13. Principle 348Conclusion of a valid marriage. Its condition: an offer by the wife’s guardian and acceptance by the husband or their respective substitutes. - The statutory provision being unrestricted in specifying who has guardianshiPleadings — Part Three · Source page 71
  14. Principle 349The judge's authority to decree divorce under the Ja'fari school. The condition for its existence. The husband's disobedience of the Sharia judge's order to live with her honorably or release her kindly.Pleadings — Part Three · Source page 71
  15. Principle 350Application of the law of the father's nationality in the country of guardianship over the person and in custody. Article 43 of Law 5 of 1961. Establishment that the husband is a Saudi national. Its necessary consequencePleadings — Part Three · Source page 71
  16. Principle 351Women’s custody under Syrian law ends when the boy reaches the age of nine and the girl the age of eleven. They are then placed with their father until the age of majority or the girl’s marriage. If the natural guardian Pleadings — Part Three · Source page 71
  17. Principle 352The court hearing the dispute concerning a fee assessment order. Its jurisdiction is confined to examining the validity of the order in light of the legally prescribed rules and within the limits of the adjudication in cPleadings — Part Three · Source page 72
  18. Principle 353The marriage contract. Its condition. Both spouses must possess capacity to marry in terms of sanity and puberty. The reason for this. Marriage of an insane or mentally deficient person. The contract must be concluded byPleadings — Part Three · Source page 72

  19. - ماهية الحكم وطبيعته

    Principle 354A man's harming and harassing his wife—in the Ja'fari school—without lawful Sharia grounds. The wife may bring her matter before the Sharia judge to prevent harm and injustice and compel the husband to live with her honoPleadings — Part Three · Source page 72
  20. Principle 355Judgments within the meaning of the Convention on International and Judicial Exchange between the State of Kuwait and the Arab Republic of Egypt. They encompass every decision, whatever its designation, issued pursuant tPleadings — Part Three · Source page 75
  21. Principle 356Judgment. Its nature: the decision issued by the judge on facts submitted to him, whether in the form of an action or a grievance against an order for which the law prescribes special procedures, in which the judge disclPleadings — Part Three · Source page 75
  22. Principle 358What the Lawyers' Disciplinary Board issues in respect of a lawyer referred to it. A judgment, not an administrative decision. The reason therefor: the legislature conferred upon it the nature and characteristics of a juPleadings — Part Three · Source page 75
  23. Principle 359Issuance of a decision by the Lawyers' Disciplinary Council sitting as an improperly constituted appellate panel. Its effect. Its non-existence because it lacks one of its essential elements. The challenged judgment's rePleadings — Part Three · Source page 76

  24. - إصدار الحكم وإيداع مسودته

    Principle 360The general rule is that judicial judgments are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist; they disclose the rule of law. - A Pleadings — Part Three · Source page 76
  25. Principle 361The judge who rendered the judgment. He is the judge who decided the case, not the judge who attended its reading. - Failure of one of the judges who rendered the judgment to attend its reading and his replacement by anoPleadings — Part Three · Source page 76
  26. Principle 362The provision prohibiting postponement of delivery of judgment more than twice, Article 114 of the Civil Procedure Law, is merely an organizational rule. Contravention of it does not vitiate the judgment.Pleadings — Part Three · Source page 76
  27. Principle 363Treating a judgment rendered against an absent litigant who appeared before the end of the hearing as nonexistent. Scope of its application.Pleadings — Part Three · Source page 76
  28. Principle 364The judgment must contain the names of the judges who heard the pleadings and participated in rendering it. - 76 - Civil Procedure Omission of this statement. Its effect. Nullity of the judgment. - Failure of one of the Pleadings — Part Three · Source page 76
  29. Principle 365An omission or gross error in the names and capacities of the litigants that entails nullity of the judgment. Its nature. An example of what does not constitute a gross error entailing nullity.Pleadings — Part Three · Source page 77
  30. Principle 366Nullity of a judgment for an omission in stating the litigants' names. When it arises: when it casts doubt on the litigant's true identity. - Stating the name of a litigant who died during the hearing of the action in thPleadings — Part Three · Source page 77
  31. Principle 367Deliberation on rendering the judgment and signing its draft. No judges other than those who heard the pleadings may participate therein. An impediment preventing one of them from attending the pronouncement hearing. ThiPleadings — Part Three · Source page 77
  32. Principle 368Deficiency in the judgment's factual grounds, and omission and serious error in the names and capacities of the litigants and the statement of the judges' names. These entail nullity of the judgment. Omission to record tPleadings — Part Three · Source page 77
  33. Principle 369A judge's disqualification from hearing an action that he previously considered as a judge, expert or arbitrator, or in which he gave testimony. The condition thereof is that the subject matter of the action with which hPleadings — Part Three · Source page 77
  34. Principle 370The statement concerning the date of issuance of the judgment. Its purpose: to ascertain the commencement of the time limit for challenging it and determine the time from which res judicata effect applies. The primary rePleadings — Part Three · Source page 78
  35. Principle 371The omission of the names of some litigants from the judgment's preamble. Does not invalidate it so long as it sets out in its text their names and their connection to the litigation. Example.Pleadings — Part Three · Source page 78
  36. Principle 372The authoritative version is the original judgment signed by the presiding judge and the hearing clerk. Errors appearing in other, unsigned copies are of no consequence. The reason for this. Example.Pleadings — Part Three · Source page 78
  37. Principle 373The authoritative version of a judgment is the original copy drawn up by the hearing clerk and signed by the presiding judge.Pleadings — Part Three · Source page 78
  38. Principle 374A judgment validly rendered. Examination of its defects is through the prescribed avenues of appeal. - Bringing an independent action for nullity of a judgment or pleading its nullity. Its cases. The judgment's lack of oPleadings — Part Three · Source page 78
  39. Principle 375No one other than the judges who heard the oral arguments may participate in rendering the judgment, whether by deliberating on it or signing its draft. An impediment affecting one of them and another replacing him. He mPleadings — Part Three · Source page 78
  40. Principle 376No judges other than those who heard the pleadings in the judgment may participate in rendering it, whether by deliberating upon it or by signing its draft. An impediment preventing any of them from attending the pronounPleadings — Part Three · Source page 79
  41. Principle 377The judges who participated in deliberations must attend the reading of the judgment. An impediment affecting one of them. He must have signed the draft judgment. Example. - The judges who rendered the judgment. What is Pleadings — Part Three · Source page 79
  42. Principle 378Participation in rendering judgment, whether by deliberating on it or signing its draft. Not permissible for anyone other than the judges who heard the pleadings. An impediment preventing any of them from attending the hPleadings — Part Three · Source page 79
  43. Principle 379An omission or serious error in the litigants' names and capacities and failure to state the names of the judges who rendered the judgment. Its effect. Nullity. - Failure to state the hearings at which the action was heaPleadings — Part Three · Source page 79
  44. Principle 380Rendering a judgment. Its meaning: issuance of a decision by a body constituted in accordance with the law in a dispute brought before it in accordance with the procedures required by law. - The names of the judges who hPleadings — Part Three · Source page 79
  45. Principle 381Issuance of the judgment terminating the litigation. Its effect. The court must, of its own motion and without a request, order the unsuccessful litigant to pay the costs of the action and lawyers' fees. - Liability for Pleadings — Part Three · Source page 80
  46. Principle 382Failure of one of the judges who issued the judgment to attend the hearing for its pronouncement owing to an impediment, his signing of its draft containing its operative part and reasons, and another judge's taking his Pleadings — Part Three · Source page 80
  47. Principle 383Issuance of the judgment, namely deliberating upon it and signing its draft. Impermissible for judges other than those who heard the pleadings. Contravention thereof. Nullity relating to public policy. Article 112 of thePleadings — Part Three · Source page 80
  48. Principle 384A judgment. The condition for its validity. The existence of a dispute brought before the court through judicial proceedings between two parties. Its criterion. The existence of a dispute between two parties over a rightPleadings — Part Three · Source page 80
  49. Principle 385Deliberation on the judgment. No one other than the judges who heard the pleadings may participate. They must attend the reading of the judgment. An impediment affecting one of them. His signing the draft judgment. Its nPleadings — Part Three · Source page 80
  50. Principle 386Procedures are presumed to have been observed and validly carried out. Whoever asserts their invalidity must establish proof thereof. Example concerning the deposit of the draft judgment upon its pronouncement. - 80 - CiPleadings — Part Three · Source page 80
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