The difference between formal and objective defenses

Defenses in a lawsuit represent the defendant’s essential line of defense before the court. They are the legal means guaranteed to him by the legislator to dismiss, invalidate, or limit the effects of the lawsuit. Its importance stems from its being the primary guarantee for achieving balance between the two parties to the dispute, and ensuring that the plaintiff is not judged for what he does not deserve, whether due to a procedural defect or the lack of an objective basis for the claim.

It is also worth remembering that the ruling in your favor in the case may depend on the strength of the defenses presented by your lawyer. Therefore, the office of lawyer Abdul Majeed Al-Rasheed places in your hands an elite group of licensed lawyers to draft comprehensive defense memorandums, supported by regular evidence, and follow up on the case step by step until the ruling is issued.

The difference between formal and substantive defenses

First: Definition of defenses in the case

Defenses are legal means decided by the system for the defendant, to reject, invalidate, or delay the adjudication of his opponent’s lawsuit, and they may be related to form, subject matter, or public order. In legal practice, formulating and presenting defenses is one of the most important tasks of a lawyer, as it represents the first line of defense for his client’s rights.

Second: Types of legal defenses

Defenses in the Saudi system (according to the Sharia litigation system) are divided into two main types: formal defenses and substantive defenses:

What are formal defenses?

• These are defenses that do not affect the origin of the claimed right, but rather relate to the litigation procedures or the form of the lawsuit. Its aim is to stop the case or not accept it due to a defect in the procedures.

Examples of formal defenses:

Arguing that the court does not have spatial or qualitative jurisdiction: such as when the lawsuit is filed before a court that does not have spatial jurisdiction (outside the defendant’s area of residence or the place where the obligation is performed), or before a court that does not have qualitative jurisdiction (filing a labor lawsuit before the General Court, for example).

Claiming the invalidity of the lawsuit declaration: If it becomes clear that the defendant was not notified of the lawsuit in accordance with the regular procedures (notified by an incompetent person, or at an incorrect address), then the declaration is considered invalid and results in the invalidity of subsequent procedures.

Pre-judgment of the case (reservability of res judicata): When the case has been decided by a previous final ruling between the same parties with the same reason and subject matter, it may not be reconsidered.

Claiming that the plaintiff has no capacity or interest: such as if the lawsuit is filed by a person who has no direct relationship with the disputed right, or who does not have a real, existing, and legitimate interest in the claim.

Systemic basis

These defenses are based on Articles (76 – 84) of the Saudi Sharia Litigation System.

What are the objective defenses?

• Substantive defenses are defenses that affect the origin of the claimed right, that is, relate to the essence of the dispute. Its aim is to refute the plaintiff’s claims and prove the invalidity of his claims.

Examples of objective defenses:

• Payment of payment of the debt or its lapse by statute of limitations: If the defendant proves that he has fully paid the debt, or that the claimed right has lapsed by statute of limitations according to the regular period, then the plaintiff’s right to claim is forfeited.
• Arguing that the contract is invalid or void: such as if the contract is tainted by a defect in consent (coercion, fraud), or violates public order, which leads to its invalidity and the disappearance of its effects.
• Claiming the invalidity of the document or signature: When the defendant challenges the authenticity of the editor or signature attributed to him, and asks the court to verify it with an expert or through regular means of proof.
• Claim of absence of liability (civil or criminal): such as proof that the damage did not result from the defendant’s act or that the incident attributed to him does not constitute a crime, and thus the legal basis for the claim is negated.

These defenses are based on: Articles (85 – 90) of the Sharia Litigation System.

The difference between formal and substantive defenses

Third: Is there an order when presenting defenses?

Yes, when submitting defenses, you must:

1. Submit formal defenses before any objective defense, otherwise the right to adhere to them will lapse.
2. If the court accepts the formal plea, the dispute ends without examining the matter.

Fourth: The importance of defenses in legal work

Defenses – whether formal or substantive – constitute a fundamental pillar of the defense system, as their importance is not limited to the procedural aspect, but extends to influence the course of the judicial dispute and its results. Its importance is evident in several points:

• Protecting the defendant’s rights from undue claims: by enabling him to repel undue claims or claims that are not based on a valid statutory basis.
• Expedite the termination of the dispute if the formal defense is sufficient to dismiss the lawsuit: If the formal defense is proven (such as lack of jurisdiction or invalidation of notification), the lawsuit may be terminated early without entering into its subject matter.
• Strengthening the defense’s position if the dispute moves to the substance of the matter: Adhering to formal and substantive defenses gives additional strength to the defendant’s defenses when moving to examine the substance of the case, and shows the court how serious his position is and his adherence to regulations and procedures.

Fifth: The role of the lawyer in formulating and presenting defenses

Through the appointment of a lawyer from Abdul Majeed Al Rashid Law Firm and Legal Consultations, the lawyer follows up on the case on behalf of his client, starting with studying the case file and analyzing its details, all the way to:

• Detect any formal defects that can be adhered to.
• Drafting defense memoranda arranged and supported by documents and regulatory texts.
• Submitting defenses within the specified dates to avoid losing the right to them.

Sixth: Practical notes on the defenses

• Some formal defenses can be raised by the court on its own initiative if they relate to public order (such as lack of specific jurisdiction).
• Substantive defenses often require strong documents and evidence to refute the plaintiff’s claims.

The difference between formal and substantive defenses

Finally:

It is clear from the above that defenses – whether formal or substantive – are not merely formal procedures, but rather represent a decisive tool in the course of the case. They may lead to the early termination of the dispute without delving into the subject of the dispute, or reveal to the court fundamental legal points that may completely change the course and outcome of the case.

Some frequently asked questions about formal and substantive defenses

Is the payment of the statute of limitations formal or objective?

The plea of statute of limitations is an objective plea because it affects the origin of the right and invalidates it over time.

What is the difference between a formal payment and a non-acceptance payment?

Formal defense: directed to procedures (such as lack of jurisdiction or invalidity of the advertisement).

Claim of inadmissibility: It is directed because one of the conditions of the lawsuit is not met (such as lack of interest or capacity).

What is meant by the contradiction of the defendant’s defenses?

The defendant may make conflicting arguments that cannot be combined (for example: he denies the origin of the debt and then adheres to the statute of limitations).