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. - أجزاء الحكم

    Principle 442The adjudication contained in the operative part of the judgment, rather than the reasons, is what is relied upon and acquires res judicata effect, to the exclusion of the reasons, unless those reasons include determinatPleadings — Part Three · Source page 88
  2. Principle 443The ruling embodied in a judgment. Its nature. Its operative part and the grounds connected with it which form an indivisible whole with it. - 88 - Civil ProcedurePleadings — Part Three · Source page 88
  3. Principle 445The judgment’s reasons that are closely connected to its operative part, necessary to the result it reached, and without which the operative part cannot stand. Acquire res judicata effect. Example.Pleadings — Part Three · Source page 89
  4. Principle 446The judgment's adjudication. It is the decisive ruling in the action wherever it appears, whether in the reasons or the operative part. - Inclusion in the reasons of the determination of the issues in dispute upon which Pleadings — Part Three · Source page 89
  5. Principle 447The court of first instance’s ruling that an administrative decision has become immune from challenge because no annulment action was brought within the time limit, on the basis that the decision is not legally nonexistePleadings — Part Three · Source page 89
  6. Principle 448The 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. Example.Pleadings — Part Three · Source page 89
  7. Principle 449An omission or gross error in the litigants' names, capacities, and the domicile of each. It entails nullity of the judgment. What matters in this respect is what is recorded in the original copy of the judgment.Pleadings — Part Three · Source page 89
  8. Principle 450The adjudication embodied in a judgment is not its operative part alone. It includes what appears in its reasons and their close connection to its operative part such that they constitute an indivisible whole. Example. -Pleadings — Part Three · Source page 89
  9. Principle 451The judgment's adjudication is not its operative part alone, but the decisive ruling in the action, whatever its subject, whether in the reasons or in the operative part. Inclusion in the reasons of the determination of Pleadings — Part Three · Source page 90
  10. Principle 452A judgment declaring the action inadmissible. It has the same effect for the appellant as a judgment dismissing it.Pleadings — Part Three · Source page 90

  11. - ديباجة الحكم

    Principle 453Nullity of a judgment for an omission or error in the litigants' names and capacities. Limited to a serious omission or error that casts doubt upon the litigant's true identity and connection to the litigation. - OmissioPleadings — Part Three · Source page 90

  12. - النطق بالحكم وانقطاع تسلسل الجلسات

    Principle 454Acts that must expressly state that they are issued in the name of His Highness the Amir of the State. They are judgments or acts deemed equivalent to judgments connected with judicial proceedings. A travel ban order is Pleadings — Part Three · Source page 90
  13. Principle 455Pronouncement of a judgment ordering an evidentiary measure other than a decisive oath. It constitutes notice to the litigants of the scheduled hearing, whether or not they attended the hearing at which it was pronouncedPleadings — Part Three · Source page 90

  14. - التوقيع على نسخة الحكم الأصلية

    Principle 456The signing of the draft by the judge who was a member of the panel that heard the pleadings, and recording this at the conclusion of the judgment. He is not obliged to state the impediment that prevented him from attendPleadings — Part Three · Source page 91
  15. Principle 457The time limit for signing the original copy of the judgment. A directory time limit. Its import: non-compliance does not entail nullity.Pleadings — Part Three · Source page 91

  16. - التوقيع على مسودة الحكم المشتملة على أسبابه

    Principle 458Signing the draft judgment. Inability of the judge or the presiding judge of the circuit, as the case may be, to sign the original copy of the judgment. The president of the court may sign it. Article 117 of the Law of CPleadings — Part Three · Source page 91

  17. - ضوابط عامة في التسبيب

    Principle 459The draft judgment, including its reasons, must be deposited signed by all members of the panel that issued it; otherwise, the judgment is null. Their signing the sheet containing only the operative part or a portion thePleadings — Part Three · Source page 91
  18. Principle 460The rule is that judgments are based on conclusiveness and certainty, not probability and conjecture.Pleadings — Part Three · Source page 92
  19. Principle 461Basing the judgment on sufficient, clear, explicit reasons indicating careful examination of the dispute and conformity with the law.Pleadings — Part Three · Source page 92
  20. Principle 462Deficiency in the factual reasons for the judgment. Entails its nullity. Deficiency or error affecting its legal reasons leads to its nullity but rather renders it tainted by error in the application of the law.Pleadings — Part Three · Source page 92
  21. Principle 463The judgment's reasons must be clear and based on material grounded in the case papers. Its being based on unsupported statements. Inadequacy of reasoning.Pleadings — Part Three · Source page 92
  22. Principle 464Giving reasons for a judgment. The manner thereof and the conditions for its validity. The Court of Cassation may review the judgment as to the soundness of its reasoning.Pleadings — Part Three · Source page 92
  23. Principle 466The judgment's reliance on the statement of a witness heard by the expert in addition to other circumstantial evidence. No defect.Pleadings — Part Three · Source page 92
  24. Principle 467The requirement to base the judgment on the inadmissibility of the action in its entirety without conclusively establishing that the debt claimed relates to transactions in company shares conducted on deferred terms. A dPleadings — Part Three · Source page 92
  25. Principle 468The court of merits. It determines the dispute in light of the evidence and documents submitted therein. It is not obliged to direct the litigants to provide proof of their defense or draw their attention to its requiremPleadings — Part Three · Source page 93
  26. Principle 469Ascertaining the facts of the action, assessing the evidence and documents, and inferring or negating fault giving rise to tort liability fall within the authority of the court of merits. It is not obliged to require litPleadings — Part Three · Source page 93
  27. Principle 470Assessing the evidence and documents in the action and weighing them against one another. Within the authority of the trial court. The condition for that. - The trial court is not obliged to direct the litigants to presePleadings — Part Three · Source page 93
  28. Principle 471Proof in law is the establishment before the judiciary of evidence of the existence of a legal fact by the means specified by law. The burden of proving that fact rests on whoever asserts it. - The judge's role regardingPleadings — Part Three · Source page 93
  29. Principle 472A defence that changes the view taken of the case. The judgment must address it and express an opinion on it.Pleadings — Part Three · Source page 93
  30. Principle 473Judicial judgments. Conditions for their validity. - The authority of the court of the merits to assess evidence of the existence of the elements of a contract. Its limits. - The authority of the court of the merits not Pleadings — Part Three · Source page 93
  31. Principle 474For a judgment to be valid, it must rest on grounds addressing the decisive point of the dispute and dealing with every material claim or defense. - A judgment's examination of all the litigants' arguments and aspects ofPleadings — Part Three · Source page 94
  32. Principle 475The judge’s authority to assess evidence. Its constraints. Departure from those constraints. Effect. Nullity of the judgment.Pleadings — Part Three · Source page 94
  33. Principle 478Inclusion in the judgment or hearing minutes of a statement of the court's examination and inspection of instruments upon an allegation of forgery. Not necessary. - Judgments are presumed to have been issued after inspecPleadings — Part Three · Source page 94
  34. Principle 479The fundamental purpose of giving reasons for judgments. What suffices to achieve it. What exceeds this: superfluous elaboration serving no need or useful purpose.Pleadings — Part Three · Source page 94
  35. Principle 480The decisive oath belongs to the litigant, not the judge. When it is tendered. Conditions for tendering it: it must be material to the outcome and not abusive. - The court of merits adjudicates the action within the limiPleadings — Part Three · Source page 94
  36. Principle 481The court of merits' independent authority to infer judicial presumptions and draw conclusions consistent with the facts of the action. Its condition. - 94 - Civil ProcedurePleadings — Part Three · Source page 94
  37. Principle 482Ascertaining the true nature of the action and interpreting contracts and documents. Within the authority of the judge of fact. His not adopting the apparent meaning of the wording of the contract or document. Does not uPleadings — Part Three · Source page 95
  38. Principle 484The reasons for the judgment must be derived from the case documents, reasonably inferred from them, and capable of logically leading to the conclusion reached. The Court of Cassation may review the trial judge's breach Pleadings — Part Three · Source page 95
  39. Principle 485The trial judge's authority to assess the seriousness of a dispute over the debt for which attachment was imposed. Its conditions. - Basing a judgment on an understanding contrary to what is established in the record or Pleadings — Part Three · Source page 95
  40. Principle 486Basing the judgment on an understanding contrary to what is established in the documents. Its effect. Nullity of the judgment.Pleadings — Part Three · Source page 95
  41. Principle 487A defense for which no supporting document or evidence has been submitted. Disregarding it. Does not vitiate the judgment. - The court of the merits is not obliged to direct the litigants to produce evidence of their defPleadings — Part Three · Source page 95
  42. Principle 488Ascertainment of the facts, inference of judicial presumptions, assessment and weighing of evidence and presumptions, preference for those found convincing and rejection of the rest. Within the authority of the court of Pleadings — Part Three · Source page 95
  43. Principle 489Assessment of evidence falls within the authority of the court of merits, provided it is reasonable. - 95 - Civil ProcedurePleadings — Part Three · Source page 95
  44. Principle 490Understanding the facts of the action, assessing the evidence and documents submitted therein and weighing them against one another. Within the authority of the court of merits. The condition for that.Pleadings — Part Three · Source page 96
  45. Principle 491Interpreting instruments to ascertain the intention of their contracting parties, assessing evidence and documents, and weighing them and preferring some over others. Within the authority of the trial court. The conditioPleadings — Part Three · Source page 96
  46. Principle 492Understanding the facts of the action and assessing the evidence and documents. Within the trial court's authority. The condition for this. - A private instrument constitutes evidence of its contents against its signatorPleadings — Part Three · Source page 96
  47. Principle 493There is no occasion to examine the rationale of legislation where the text is explicit. The occasion for that is where it is ambiguous.Pleadings — Part Three · Source page 96
  48. Principle 494Understanding the facts, assessing evidence and documents, and drawing inferences. Within the authority of the court of merits whenever reasonable. - It is sufficient for the court of merits to base its ruling on reasonsPleadings — Part Three · Source page 96
  49. Principle 495Awarding equivalent performance when a contract is void. Its condition. The litigant must invoke it. Example. - Adherence to the litigants’ claims. An obligation upon the court when deciding the case.Pleadings — Part Three · Source page 96
  50. Principle 496A claim or defense whose determination is unequivocally requested. The court of the merits must answer it with specific reasons.Pleadings — Part Three · Source page 96
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