Courts, judicial principles, and enforcement

Legal Representation and Validity of Proceedings: Voidness for Lack of Representation and Scope of Article 10(b)(2)

A brief summary showing that absence of proper legal representation renders proceedings void as a matter of public order, and clarifying when Article 10(b)(2) of the Magistrate Courts law applies.

Issuing a Dishonored Cheque: Limits of Criminal and Civil Liability

A brief summary outlining the distinction between criminal and civil liability for issuing a dishonored cheque, the evidentiary effect of a criminal judgment in civil proceedings, and limits on compensation and the source of obligation.

Validity of Standing, Signatory Agencies, and Fairness Guarantees in Arbitration

A brief summary explaining when a contract's representative wording suffices to preserve an agency, the obligation of arbitrators to respect confrontation and document-access rights regarding expert reports, and noting stamp fees and penalties as public-order matters.

Direct Legal Interest and the Plea of Non‑Admissibility

A brief summary outlining the requirement of direct legal interest for appeals, limits on raising new grounds before the Court of Cassation, and the distinction between nullity and non‑admissibility pleas.

Permission to Cassation and Claim Value after Amendment to the Civil Procedure Law

تمييز حقوق هيئة عامة رقم ٧٢/ ٢٠٢٥ .

This brief summarizes how the amendment to the Civil Procedure Law affects the requirement for permission to cassation in claims not exceeding 20,000 dinars, using the judgment date as the reference point. It refers to an applied instance where claimed rights totaled 10,037 dinars after the amendment took effect.

Retrial: Contradiction in the Operative Part, Parties' Requests, and Advertising-Fees Issues

تمييز حقوق هيئة عامة رقم 756 -2025

A brief summary explaining when retrial grounds arise for contradictions in a judgment, the distinction from contradictions in reasoning, the court's duty to follow parties' requests, and the issue of municipal claims for billboard fees.

The Decisive Oath, Electronic Swearing, and Opponent's Consent

تمييز حقوق هيئة عامة رقم 4310-2025.

Electronic swearing of the decisive oath is permissible in principle but depends on the other party's consent. If conducted over objection it is void and courts should use alternative measures such as judicial commission.

Summoning Experts for Discussion and the Trial Court's Authority to Rule on the Request

تمييز حقوق هيئة عامة رقم ٣٦٥/٢٠٢٥.

The study outlines the trial court's discretion to order experts to appear for discussion, identifying when such a measure is appropriate (e.g., deficiencies or ambiguities in the report). Denying the request does not automatically amount to a legal violation.

The Principle of Adherence to the Claim in Annulment of an Arbitration Award and Related Procedures

تمييز حقوق هيئة عامة/ تحكيم رقم ٤٠٦٣/٢٠٢٤

The summary explains that the scope of litigation is set by the originating claim and that judges and agents are confined by the claim and the power of attorney; annulment suits must target a legal arbitration award. Any expansion or recharacterization that creates a new claim may render later measures void as issued by an incompetent court.

Impossibility under Article 247 of the Civil Code

تمييز حقوق هيئة عامة رقم (٢٠٤٠-٢٠٢٥)

This study summarizes a judicial position that closures ordered for defense reasons fall within impossibility under Article 247, and that an appellate court’s ability to insist on its decision is limited when the cassation concerns evidence assessment rather than legal questions.

Appeal Routes in Magistrate Court Judgments: The Objection Procedure and Exhaustion of Remedies

تمييز حقوق هيئة عامة رقم (3178-2025).

The study emphasizes that the Magistrate Courts Law must be read as an integrated whole to determine available remedies; the legal characterization of a judgment governs the remedy, and returning a case is permitted only in narrowly defined situations.

Compensation for Moral Damage under Civil Liability

تمييز حقوق هيئة عامة رقم (٢٥٤٢/٢٠٢٥).

The study examines compensation for moral damage arising from gross fault, emphasizing the requirement to prove the harm and its limits under Article 267 of the Civil Code.