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. - إصدار الحكم وإيداع مسودته

    Principle 387The judges who participated in deliberating upon the judgment. They must attend the reading of the judgment. Failure to state the names of the judges who heard the pleadings, participated in the judgment and attended itsPleadings — Part Three · Source page 81
  2. Principle 388Rendering a judgment, whether by deliberating on it or signing its draft. Permissible only for the judges who heard the pleadings. An impediment affecting any of them that prevents his attendance at the hearing for its pPleadings — Part Three · Source page 81
  3. Principle 389The scope of the action is determined by the judicial claim, whether original or incidental. The litigants, the judge, and the court, when deciding the action, are obliged not to go beyond it.Pleadings — Part Three · Source page 81
  4. Principle 390Failure of one of the judges who rendered the judgment to attend the hearing for its pronouncement. Its necessary consequence. It must be recorded that he signed the draft judgment containing its reasons and operative paPleadings — Part Three · Source page 81

  5. - بيانات الحكم

    Principle 391The draft judgment containing its reasons must be deposited, signed by all members of the panel that issued it; otherwise, it is void, with such nullity relating to public policy. This may be raised by the parties, the PPleadings — Part Three · Source page 81
  6. Principle 392Judgments and decisions issued concerning evidentiary procedures which do not resolve a dispute over the means of proof. They need not contain the particulars required for judgments. Example.Pleadings — Part Three · Source page 82
  7. Principle 393The error in litigants’ names that entails nullity of the judgment is one that casts doubt on the litigant and his connection to the litigation at issue in the action.Pleadings — Part Three · Source page 82
  8. Principle 394Omission from the operative part of the description of the judgment as rendered in the parties' presence or by default does not entail its nullity. Article 199 of the former Procedure Law..Pleadings — Part Three · Source page 82
  9. Principle 395The omission or error in the litigants' names and capacities that entails nullity of the judgment is that which casts doubt upon the litigant's true identity and connection to the litigation.Pleadings — Part Three · Source page 82
  10. Principle 396An error in the judgment’s preamble which the reasons address in a manner that removes it does not entail nullity.Pleadings — Part Three · Source page 82
  11. Principle 397Stating in the judgment that it was rendered in the name of the Amir of the country is an essential particular. The effect of its omission. Absolute nullity of the judgment.Pleadings — Part Three · Source page 82
  12. Principle 398A judgment's omission to state the defendant's capacity in its operative part does not vitiate it where that capacity is stated in its opening or its text. - 82 - Civil ProcedurePleadings — Part Three · Source page 82
  13. Principle 399An omission or error in litigants’ names and capacities that casts doubt on the litigant’s true identity and connection to the litigation entails nullity of the judgment. An omission or error that does not cast doubt on Pleadings — Part Three · Source page 83
  14. Principle 400Omission to state in the judgment the type of matter in which it was issued, commercial or urgent, does not invalidate it. The particulars whose omission entails nullity of the judgment. Their nature.Pleadings — Part Three · Source page 83
  15. Principle 401Nullity of the judgment for an omission or serious error in its statement of the litigants’ names, capacities and respective domiciles. Omission of the name of a litigant from the judgment. Its nullity with respect to thPleadings — Part Three · Source page 83
  16. Principle 402An omission or gross error in the litigants' names or capacities that entails nullity of the judgment. Its nature. An example of its absence.Pleadings — Part Three · Source page 83
  17. Principle 403An omission or serious error in the litigants' names and capacities resulting in the judgment's nullity. Its nature. Example.Pleadings — Part Three · Source page 83
  18. Principle 404The omission and error in litigants’ names and capacities that entails nullity of the judgment. Its nature.Pleadings — Part Three · Source page 83
  19. Principle 405An omission or serious error in the parties’ names and capacities resulting in the judgment’s nullity. Its nature. An example of what does not constitute such.Pleadings — Part Three · Source page 83
  20. Principle 406Acts that must be issued in the name of His Highness the Amir of the State. They are judgments and acts having the status thereof. A precautionary attachment order falls outside this.Pleadings — Part Three · Source page 83
  21. Principle 407Deficiency in the factual reasons for the judgment and serious omission or error in the names and capacities of the litigants. Entail nullity of the judgment. A mere clerical error. Does not entail nullity. Example. - 83Pleadings — Part Three · Source page 83
  22. Principle 408The hearing clerk's name is not an essential particular of the judgment. The effect of its omission. No nullity.Pleadings — Part Three · Source page 84
  23. Principle 409Nullity does not necessarily follow from every omission or error in the litigants’ names and capacities. It is confined to an omission or error so substantial as to cast doubt on the litigant’s true identity and connectiPleadings — Part Three · Source page 84
  24. Principle 410The particular concerning the date of delivery of judgment. Its purpose: identifying the commencement of the period for appealing it. The primary record establishing this particular is the hearing minutes. Its consequencPleadings — Part Three · Source page 84
  25. Principle 411The particulars that a judgment must contain and whose omission entails nullity. The particulars concerning the litigants' domicile are not among them. Article 116 of the Civil Procedure Law.Pleadings — Part Three · Source page 84
  26. Principle 412Nullity of the judgment for an omission or error in litigants’ names and capacities. Limited to a serious omission or error that casts doubt on the litigant’s true identity and connection to the litigation.Pleadings — Part Three · Source page 84
  27. Principle 413The omission or error in litigants' names and capacities that invalidates a judgment. Its nature. That which is so serious as to cast doubt on the litigants' true identity and their connection to the litigation.Pleadings — Part Three · Source page 84
  28. Principle 415One of the judges who issued the judgment being absent from the hearing for its pronouncement owing to an impediment, signing its draft containing its operative part and reasons, and another judge replacing him at its prPleadings — Part Three · Source page 84
  29. Principle 416The particulars whose omission entails nullity of the judgment. Their nature. A statement as to whether the judgment was issued in a commercial matter. Not among them. The purpose of that statement. To assist the enforcePleadings — Part Three · Source page 85
  30. Principle 417Omission or error in the names and capacities of the litigants entailing nullity of the judgment. Its nature: that which is serious and casts doubt on the identification of the litigant or determination of his capacity iPleadings — Part Three · Source page 85
  31. Principle 418The judgment's omission of the names of the judges who heard the pleadings and participated in issuing the judgment. Its effect. Nullity of the judgment. - The judges who participated in the deliberation. They must attenPleadings — Part Three · Source page 85
  32. Principle 419Stating in the judgment the litigants’ names, capacities, each one’s domicile or workplace, and their presence or absence. Confined to the substantive party with an interest in the action. The judgment’s omission of a noPleadings — Part Three · Source page 85
  33. Principle 420Particulars of the judgment. They must include the names of the judges who heard the pleadings and participated in rendering it. Omission of this. Its effect. Nullity of the judgment. Its consequence. The judge who heardPleadings — Part Three · Source page 85
  34. Principle 421An omission or serious error in the litigants' names and capacities. Its effect. Nullity of the judgment. - Omission of the name of a genuine litigant from the judgment. Its effect. Its nullity. Omission of the name of aPleadings — Part Three · Source page 86
  35. Principle 422The particulars that the judgment must contain. Omission and serious error therein. Effect: nullity. - Omission of the name of the principal litigant entails nullity. Reason: it is considered an essential particular. - OPleadings — Part Three · Source page 86
  36. Principle 423An omission or serious error in litigants' names and capacities. It is that which results in the litigant being unidentified or in ambiguity in identifying his person. Its absence. Its effect. The judgment is not void.Pleadings — Part Three · Source page 86
  37. Principle 424An omission or gross error in stating the litigants' names and capacities. Its effect. Nullity of the judgment. - Omission of the name of the principal litigant entails nullity. The reason for this. It is an essential paPleadings — Part Three · Source page 86
  38. Principle 425Nullity of the judgment for omission or error in the names and capacities of the litigants. Limited to that which casts doubt on the identification of the litigant or determination of his capacity in the proceedings. ArtPleadings — Part Three · Source page 86
  39. Principle 426The omission or error in the litigants' names and capacities that entails nullity. Meaning: that which results in the litigant being unidentified or in ambiguity in identifying him, leading to failure to ascertain his trPleadings — Part Three · Source page 86

  40. - أجزاء الحكم

    Principle 427An omission or error in the litigants’ names and capacities that entails nullity of the judgment is one so substantial as to cast doubt on the identification of the litigant or the determination of his capacity in the prPleadings — Part Three · Source page 86
  41. Principle 430Judgments. Their effect is, in principle, relative. They neither benefit nor prejudice anyone other than their parties.Pleadings — Part Three · Source page 87
  42. Principle 432For an appeal to be admissible, judgment must have been rendered against the appellant. An appeal or ground of challenge is inadmissible where its proponent has no interest in it whereby it would lead to reversal of the Pleadings — Part Three · Source page 87
  43. Principle 433The part of the challenged judgment that was not subject to an appeal in cassation becomes irrevocable and may not be disturbed, even for reasons relating to public policy. The reason for this. Article 153 of the Civil PPleadings — Part Three · Source page 87
  44. Principle 434The part of a judgment having the force of res judicata is what appears in its operative part, not its grounds. When that force extends to the grounds. What that force encompasses.Pleadings — Part Three · Source page 87
  45. Principle 435The court’s complete omission of certain substantive claims. Remedy thereof. - The judgment’s determination of claims may be either express or implicit. The expression ‘all other claims’ appearing in the operative part oPleadings — Part Three · Source page 87
  46. Principle 437The particulars that a judgment must contain. Omission and serious error therein. Its effect. Nullity. - The first-instance judgment's award of additional compensation to minors without identifying those minors or statinPleadings — Part Three · Source page 88
  47. Principle 438An omission in a particular in the preamble to the judgment, and the reasons setting out what completes that omission. This does not entail nullity. An example concerning identification of the court.Pleadings — Part Three · Source page 88
  48. Principle 439Date of issuance of the judgment. Omission or error therein. The hearing minutes supplement it. Example.Pleadings — Part Three · Source page 88
  49. Principle 440An omission or serious error in stating the litigants' names and capacities. Its effect. Nullity of the judgment. - Omission of a litigant's name. The general rule is that it entails nullity. The reason therefor. It is cPleadings — Part Three · Source page 88
  50. Principle 441Omission of the name of a litigant from the judgment’s preamble does not entail nullity. The basis thereof. Article 116 of the Civil Procedure Law. Example of omission of the name of a litigant from the judgment’s preambPleadings — Part Three · Source page 88
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