المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

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  1. موطنه

    Principle 704Service of the documents necessary for proceeding with the action at the agent's domicile is valid only at the level of litigation for which he has been appointed.Civil Matters — Volume 10 · Source page ١٥٧
  2. Principle 705Deeming an action or appeal as never having been brought for failure to summon within the statutory period. Conditions for imposing this sanction. Assessment of whether to impose this sanction is within the unfettered diCivil Matters — Volume 10 · Source page ١٥٧
  3. Principle 706Private legal persons whose head office is abroad and which have activities in Kuwait. Their business domicile for purposes of domestic law is the place where the local administration is located. Assessment of the existeCivil Matters — Volume 10 · Source page ١٥٧
  4. Principle 707The time limit for challenging a judgment. The general rule is that it begins on the date of its pronouncement. Excepted cases. Article 129 of the Law of Procedure. - 157 - Right The time limit for challenging it begins Civil Matters — Volume 10 · Source page ١٥٧
  5. Principle 708Failure to identify a known domicile for the person to be served within the State of Kuwait and abroad. Validity of service upon him through the Public Prosecution and calculation of the time limit for appeal from that dCivil Matters — Volume 10 · Source page ١٥٨
  6. Principle 709Omission of the last domicile, residence or workplace of the defendant or his representative from the statement of claim. It does not entail its nullity. - Independence of the procedures for filing the statement of claimCivil Matters — Volume 10 · Source page ١٥٨
  7. Principle 711The general rule in serving documents is that they are delivered to the person himself or at his domicile or workplace. Investigation and verification of the domicile of the person to be served. The burden of proving it.Civil Matters — Volume 10 · Source page ١٥٨
  8. Principle 712What matters in determining domicile for the prescribed additional time allowance for distance is the domicile adopted by the appellant himself during the stages of litigation preceding the challenge. Changing it in the Civil Matters — Volume 10 · Source page ١٥٨
  9. Principle 713Assessment of the adequacy of the statement of domicile and the existence of the factual elements of a business domicile. A matter of fact within the sole discretion of the court of merits, provided it is reasonable. - 1Civil Matters — Volume 10 · Source page ١٥٨
  10. Principle 714A ruling deeming the action or appeal as never having been brought. Discretionary for the court. The basis therefor. - The respondent's failure to state his original domicile in his statement of claim before the court ofCivil Matters — Volume 10 · Source page ١٥٩
  11. Principle 715Domicile is the place where a person habitually resides. Having more than one domicile is permissible. Its condition. Continued residence therein in a manner satisfying the condition of habitual residence, even if interrCivil Matters — Volume 10 · Source page ١٥٩
  12. Principle 716The general rule in serving judicial documents is that they come to the certain knowledge of the person served by delivery of the copy to him. The exception. Presumed knowledge suffices in some cases. How this occurs. ByCivil Matters — Volume 10 · Source page ١٥٩
  13. Principle 717Ascertaining the habitual place of residence at which service may validly be effected and verifying or negating the occurrence of service. A matter of fact for the trial court. - A person may have more than one domicile,Civil Matters — Volume 10 · Source page ١٥٩
  14. Principle 718The additional time allowed for distance in a cassation appeal. The domicile relevant to its determination is the domicile adopted by the appellant in the previous stages of litigation. Changing it in the cassation appeaCivil Matters — Volume 10 · Source page ١٥٩
  15. Principle 720Determining the existence of the domicile at which service was effected. A matter of fact independently determined by the court of merits, provided its determination is reasonable. An example concerning the validity of sCivil Matters — Volume 10 · Source page ١٦٠
  16. Principle 721Service of the judgment or payment order from which the appeal period runs. Its subjection to the general rules prescribed for service of judicial documents. Articles 4-12 of the Code of Procedure. Compliance with these Civil Matters — Volume 10 · Source page ١٦٠
  17. Principle 722A copy of the judicial documents to be served is delivered to the person to be served, or at his domicile, workplace or elected domicile. Inability to do so. Its necessary consequence. Delivery thereof to the Public ProsCivil Matters — Volume 10 · Source page ١٦٠
  18. Principle 723The general rule is delivery of a copy of the notice to the person to be served personally, at his domicile or workplace. Article 9 of the Civil Procedure Law. Absence at the domicile of the person to be served or of anyCivil Matters — Volume 10 · Source page ١٦١
  19. Principle 724Assessment of the existence of domicile and determination of whether it is single or multiple. A question of fact within the independent purview of the court of merits. The condition therefor. - Investigating the place oCivil Matters — Volume 10 · Source page ١٦١

  20. الشخص الاعتباري

    Principle 725International jurisdiction of Kuwaiti courts to hear actions brought against a non-Kuwaiti. The general rule therein. Such actions concern property in rem, whether civil or commercial, and matters connected with personalCivil Matters — Volume 10 · Source page ١٦١
  21. Principle 727Placing a company in liquidation does not deprive it of its legal personality. It retains it until liquidation is completed. The liquidator has standing in actions brought by or against it during this period.Civil Matters — Volume 10 · Source page ١٦٢
  22. Principle 728The right of employers to form federations and the right of workers to trade-union organization. The federation and the trade union. Each has legal personality. The mutual benefit fund. Its inclusion within trade-union aCivil Matters — Volume 10 · Source page ١٦٢
  23. Principle 729The debtor imprisonment regime. Its difference in provisions and conditions from the travel ban regime. The general rule is that imprisonment and travel ban orders are issued against the debtor as a natural person. A priCivil Matters — Volume 10 · Source page ١٦٢
  24. Principle 730The representative of a juridical person is the person to whom the decisive oath is tendered. - 162 - The RightCivil Matters — Volume 10 · Source page ١٦٢
  25. Principle 731A party's capacity to litigate. Its criterion. Establishment of his legal personality, whether a natural or legal person. Absence of capacity to be a party to proceedings. Its effect. Nullity of the action and the appealCivil Matters — Volume 10 · Source page ١٦٣
  26. Principle 732A limited liability company. Its legal personality is independent of the patrimony of its partners. The financial patrimony of the manager representing it is independent of his personal patrimony.Civil Matters — Volume 10 · Source page ١٦٣
  27. Principle 733An order imprisoning the debtor. Conditions for its issuance. - A private legal person that is a debtor. Application for an order imprisoning it. The imprisonment order is issued against the person upon whom refraining fCivil Matters — Volume 10 · Source page ١٦٣
  28. Principle 734A sole proprietorship does not enjoy legal personality. Filing a complaint against it with the Labour Department and serving it at its place of business. Its implication. Joining the employer as a party.Civil Matters — Volume 10 · Source page ١٦٣
  29. Principle 735A person may be a partner in a company and an employee thereof at the same time. The reason thereof. There is no conflict between the intention to participate, which rests on the idea of equality, and the employment relaCivil Matters — Volume 10 · Source page ١٦٣
  30. Principle 736Companies that have not acquired legal personality. The company liquidation regime does not apply to them. The establishment's joint and several liability therein for repayment of what subscribers paid and expenses.Civil Matters — Volume 10 · Source page ١٦٣
  31. Principle 737Joint-stock companies do not offer their shares to the public through public subscription. How they are incorporated. They do not acquire legal personality or commence business until they are entered in the Commercial ReCivil Matters — Volume 10 · Source page ١٦٣
  32. Principle 738A sole proprietorship is not a juridical person with an independent patrimony; rather, it forms part of its owner’s patrimony. He is the person having standing to litigate on its behalf before the courts.Civil Matters — Volume 10 · Source page ١٦٤
  33. Principle 739Capacity to litigate. Its establishment for the natural person and the juridical person. - How a juridical person comes into existence with its material and moral elements. - A sole proprietorship is not a juridical persCivil Matters — Volume 10 · Source page ١٦٤
  34. Principle 740The requirement of a direct personal interest necessary for the admissibility of an annulment action. It extends to include every genuine interest affected by the challenged administrative decision. - Associations and boCivil Matters — Volume 10 · Source page ١٦٤
  35. Principle 741A sole proprietorship is not a juridical person with an independent patrimony. The person with standing to litigate on its behalf before the courts is its proprietor.Civil Matters — Volume 10 · Source page ١٦٤
  36. Principle 742The existence of a management centre for a legal person. Service must be effected on it there. Failure to do so. Its effect. Nullity of service on it. - The management centre of a private legal person. Its definition.Civil Matters — Volume 10 · Source page ١٦٤
  37. Principle 743The company's personality continues until its liquidation is completed, notwithstanding its termination upon issuance of the judgment dissolving it.Civil Matters — Volume 10 · Source page ١٦٤
  38. Principle 745The company's personality is independent of the persons of its partners and its legal representative. Implication thereof. Joining the company as a party to proceedings does not constitute joining its partners or its legCivil Matters — Volume 10 · Source page ١٦٤
  39. Principle 746Property becoming public merely by its actual dedication to public benefit is confined to property owned by the State or public legal persons. Not individuals' property.Civil Matters — Volume 10 · Source page ١٦٥
  40. Principle 747Grounds for termination of a joint-stock company and the rules for its liquidation. Their application to a limited liability company. A partner's right to seek judicial dissolution of the company. Its justifications. ThiCivil Matters — Volume 10 · Source page ١٦٥
  41. Principle 748A request to remove the manager of a limited liability company appointed by its general meeting. A non-managing partner's request to be enabled to inspect the company's books and receive annual profits. Each is directed Civil Matters — Volume 10 · Source page ١٦٥
  42. Principle 749Validity of proceedings. Its criterion. Establishment of legal personality for the person conducting them, whether natural or legal, or his possession of capacity to litigate. Contravention thereof. Its effect is nullityCivil Matters — Volume 10 · Source page ١٦٥
  43. Principle 750Valid constitution of proceedings. Its condition. Both parties must have the capacity to be parties and to litigate. This extends to all stages of the action because the nullity of proceedings for lack of capacity recursCivil Matters — Volume 10 · Source page ١٦٥
  44. Principle 751A sole proprietorship is not considered a juridical person with an independent patrimony; rather, it is owned by its proprietor, who sues and is sued in relation to it before the courts.Civil Matters — Volume 10 · Source page ١٦٦
  45. Principle 752Partnerships enjoy juridical personality independent of the persons of the partners. Their patrimony is separate from the patrimony of their partners.Civil Matters — Volume 10 · Source page
  46. Principle 753The administrator of a waqf represents the waqf entity as a legal person. - A judgment rendered outside adversarial proceedings. It has no res judicata effect.Civil Matters — Volume 10 · Source page
  47. Principle 754Termination of a company does not entail the extinction of its legal personality, which it retains throughout liquidation. - The liquidator has standing to represent the company before the courts throughout its liquidatiCivil Matters — Volume 10 · Source page
  48. Principle 755Commercial companies, other than a silent partnership, have legal personality and a patrimony independent of the persons of their partners and their patrimonies. The manager or partner signing in his own name without menCivil Matters — Volume 10 · Source page
  49. Principle 756Issuance of an order to imprison the person responsible for refusal to execute. Where the debtor is a private legal person. Its condition. - Assessment of the responsibility for execution of the person whose imprisonmentCivil Matters — Volume 10 · Source page
  50. Principle 757Constitution of proceedings. The condition for its validity. Their institution through valid procedures and the party's having capacity to litigate. This must exist at all stages thereof. The reason therefor: nullity of Civil Matters — Volume 10 · Source page
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