Is the issuance of a judgment in favor of the plaintiff in a previous lawsuit, based on the defendant's failure to appear or his failure to submit a defense, sufficient to prove the defendant's obstinacy and the entitlement to legal fees?
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Radiif AI Legal Assistant
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The issuance of a judgment in favor of the plaintiff based on the defendant's failure to appear or his failure to submit a defense is not sufficient to prove the defendant's obstinacy, unless it is proven that the right was clear and unambiguous and that the defendant was obstinate in...
Legal References & Citations
مبدأ قضائي مستنبط من أسباب الحكم الابتدائي: 'ولما كان حق المدعي الذي كان يطالب به في القضية رقم (٣٨٣٠) لعام ١٤٣٩ه - والمتمثل في رأس مال المضاربة – ليس ثابتاً ثبوتاً واضحاً يمكن أن يستند عليه في أن الم...
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