Saudi Arabia
JordanTHE LAW FIRM OF HAZIM AL MADANI ATTORNEYS AND LEGAL CONSULTANTS
THE ESSENTIAL DIFFERENCES BETWEEN THE ANNULMENT CLAIM AND THE NULLITY CLAIM IN THE CIVIL TRANSACTIONS SYSTEM
IN THE CIVIL LITIGATION SYSTEM OF THE KINGDOM, THERE ARE TWO TYPES OF CLAIMS RELATED TO THE NULLITY OF CONTRACTS OR LEGAL ACTS: THE ANNULMENT CLAIM AND THE NULLITY CLAIM. THESE CLAIMS DIFFER IN THEIR CAUSES, EFFECTS, REQUIREMENTS, AND STATUTE OF LIMITATIONS. IN THIS ARTICLE, WE AIM TO EXPLAIN THE CONCEPT OF EACH CLAIM AND HIGHLIGHT THE DIFFERENCES BETWEEN THEM IN A CONCISE AND PROFESSIONAL MANNER.
FIRSTLY, ANNULMENT AND NULLITY ARE TWO LEGAL TERMS USED IN THE CIVIL LITIGATION SYSTEM OF THE KINGDOM TO DENOTE TWO TYPES OF APPEALS THAT PARTIES CAN RAISE AGAINST COURT JUDGMENTS. HERE, WE WILL EXPLAIN THE DIFFERENCES BETWEEN THEM AND WHEN IT IS PERMISSIBLE FOR A PARTY TO USE EACH ONE.
ANNULMENT REFERS TO A DEFECT IN THE FORM OF THE JUDGMENT OR IN THE PROCEDURES LEADING TO ITS ISSUANCE OR IN THE ESTABLISHMENT OF THE COURT THAT ISSUED IT. IT RESULTS IN THE INVALIDITY OF THE JUDGMENT OR A PART THEREOF. THE DEFENDANT IS ALLOWED TO FILE AN ANNULMENT CLAIM AGAINST THE JUDGMENT IN CASE ONE OF THE FOLLOWING REASONS EXISTS:
FIRSTLY, ANNULMENT AND NULLITY ARE TWO LEGAL TERMS USED IN THE CIVIL LITIGATION SYSTEM OF THE KINGDOM TO DENOTE TWO TYPES OF APPEALS THAT PARTIES CAN RAISE AGAINST COURT JUDGMENTS. HERE, WE WILL EXPLAIN THE DIFFERENCES BETWEEN THEM AND WHEN IT IS PERMISSIBLE FOR A PARTY TO USE EACH ONE.
ANNULMENT REFERS TO A DEFECT IN THE FORM OF THE JUDGMENT OR IN THE PROCEDURES LEADING TO ITS ISSUANCE OR IN THE ESTABLISHMENT OF THE COURT THAT ISSUED IT. IT RESULTS IN THE INVALIDITY OF THE JUDGMENT OR A PART THEREOF. THE DEFENDANT IS ALLOWED TO FILE AN ANNULMENT CLAIM AGAINST THE JUDGMENT IN CASE ONE OF THE FOLLOWING REASONS EXISTS:
- - LACK OF JURISDICTION OF THE COURT THAT ISSUED THE JUDGMENT.
- - FAILURE TO FORM THE COURT IN THE LEGAL MANNER.
- - ABSENCE OF ONE OF THE PARTIES OR THEIR REPRESENTATIVES FROM THE JUDGMENT'S PRONOUNCEMENT SESSION.
- - FAILURE TO HEAR THE DEFENSE OF ONE OF THE PARTIES OR TO CONSIDER THEIR RIGHTS.
- - EXPIRATION OF THE ATTORNEY'S AUTHORITY OR THE ILLEGALITY OF THEIR AUTHORIZATION.
- - CONFLICT OF THE JUDGMENT WITH A PREVIOUS JUDGMENT BETWEEN THE SAME PARTIES ON THE SAME SUBJECT MATTER.
- - CONTRADICTION OF THE JUDGMENT WITH LEGAL OR STATUTORY PROVISIONS.
ON THE OTHER HAND, NULLITY REFERS TO A DEFECT IN THE SUBSTANCE OF THE JUDGMENT OR IN THE APPLICATION OF EVIDENCE OR IN THE ASSESSMENT OF CIRCUMSTANCES. IT RESULTS IN AN ERROR IN THE JUDGMENT OR A PART THEREOF. THE DEFENDANT IS ALLOWED TO FILE A NULLITY CLAIM AGAINST THE JUDGMENT IN CASE ONE OF THE FOLLOWING REASONS EXISTS:
- - ERROR IN INTERPRETING LEGAL OR STATUTORY TEXTS.
- - ERROR IN APPLYING THE TEXTS TO THE DISPUTED MATTER.
- - ERROR IN THE COURT'S ASSESSMENT OF EVIDENCE PRESENTED BY THE PARTIES.
- - ERROR IN THE COURT'S ASSESSMENT OF THE DAMAGES SUFFERED BY THE PARTIES.
- - DEPARTURE OF THE JUDGMENT FROM THE LIMITS OF THE CLAIM OR EXCEEDING THEM.
IT IS IMPORTANT NOT TO CONFUSE BETWEEN THE ANNULMENT CLAIM AND THE NULLITY CLAIM. THE FORMER RELATES TO THE CONDITIONS FOR THE VALIDITY OF THE JUDGMENT’S ISSUANCE, WHILE THE LATTER RELATES TO THE CONDITIONS FOR THE VALIDITY OF ITS SUBSTANCE. THEY ALSO DIFFER IN THEIR EFFECTS, AS ANNULMENT RESULTS IN THE COMPLETE ANNULMENT OF THE JUDGMENT OR A PART THEREOF, WHILE NULLITY RESULTS IN THE COMPLETE ALTERATION OF THE JUDGMENT OR A PART THEREOF. FURTHERMORE, THEIR STATUTORY PERIODS FOR FILING DIFFER, AS THE ANNULMENT CLAIM MUST BE FILED WITHIN ONE YEAR FROM THE DATE OF THE JUDGMENT’S ISSUANCE, WHILE THE NULLITY CLAIM MUST BE FILED WITHIN ONE MONTH FROM THE DATE OF THE JUDGMENT’S NOTIFICATION.
IN CONCLUSION, WE CAN SAY THAT THE ANNULMENT CLAIM AND THE NULLITY CLAIM ARE TWO LEGAL MEANS TO CHALLENGE JUDGMENTS ISSUED BY CIVIL COURTS IN THE KINGDOM, BUT THEY DIFFER IN THEIR CAUSES, EFFECTS, AND TIME LIMITS. PARTIES SHOULD BE AWARE OF THESE DIFFERENCES IN ORDER TO USE THEM CORRECTLY AND APPROPRIATELY.
IN CONCLUSION, WE CAN SAY THAT THE ANNULMENT CLAIM AND THE NULLITY CLAIM ARE TWO LEGAL MEANS TO CHALLENGE JUDGMENTS ISSUED BY CIVIL COURTS IN THE KINGDOM, BUT THEY DIFFER IN THEIR CAUSES, EFFECTS, AND TIME LIMITS. PARTIES SHOULD BE AWARE OF THESE DIFFERENCES IN ORDER TO USE THEM CORRECTLY AND APPROPRIATELY.
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