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. تفسير القانون

    Principle 318Legal rules operate with their underlying rationale, existing when it exists and ceasing when it ceases. There is no room to depart from the general provision or to interpret it.Civil Matters — Volume 10 · Source page ٦٩
  2. Principle 319Clarity of statutory provisions. Its necessary consequence: adopting anything contrary to them or restricting them is impermissible. The reason for this.Civil Matters — Volume 10 · Source page ٦٩
  3. Principle 320An express, clear provision of conclusive meaning. There is no room to depart from it or interpret it otherwise.Civil Matters — Volume 10 · Source page ٦٩
  4. Principle 321A clear provision of plain meaning. It is impermissible to depart from it or adopt anything contrary to it. The reason therefor.Civil Matters — Volume 10 · Source page ٦٩
  5. Principle 322Jurisdiction of the Administrative Circuit of the Court of First Instance and, thereafter, of the designated circuit of the Court of Appeal to hear appeals against judgments rendered by it. It arises only where the dispuCivil Matters — Volume 10 · Source page ٦٩
  6. Principle 323The judge's obligation to refer to the legal provision applicable to the facts of the dispute in the action. He must adhere to the wording and limits of the provision. Clarity of its meaning. It is impermissible to adoptCivil Matters — Volume 10 · Source page ٦٩
  7. Principle 324A clear text with an unambiguous meaning. It is impermissible to adopt anything contrary to it or restricting it. The reason for this. - Inquiry into the rationale of legislation and the reasons for it occurs only where Civil Matters — Volume 10 · Source page ٦٩
  8. Principle 325It is impermissible to adopt anything contrary to statutory provisions or restricting them where they are clear and plain. - The provision in Article 12 of Law No. 19 of 2000. Its implication: calculation of tax at 2.5% Civil Matters — Volume 10 · Source page ٧٠
  9. Principle 326Saying that the expression “interested party” refers only to someone who was a party to the judgment sought to be enforced. Constitutes a departure from the correct meaning of the wording of the provision. The judgment’sCivil Matters — Volume 10 · Source page ٧٠
  10. Principle 327The bankruptcy of companies of all types, except undisclosed partnerships, is generally subject to all the rules applicable to the bankruptcy of individual traders. However, the legislature has prescribed certain rules sCivil Matters — Volume 10 · Source page ٧٠
  11. Principle 328The substance of a legislative provision is not confined to the meaning indicated by its words and expressions in themselves. It also encompasses the meaning derived from its spirit. Article 1/1, Civil Code. - The contraCivil Matters — Volume 10 · Source page ٧٠
  12. Principle 329The legislature's guiding consideration in amending Articles 61 and 62 of the Commercial Code. It is the State of Kuwait's accession to the World Trade Organization Agreement O.T.W pursuant to Law No. 81 of 1995. Its impCivil Matters — Volume 10 · Source page ٧٠
  13. Principle 330Clear and unambiguous statutory provisions. It is impermissible to adopt anything contrary to them or to restrict them. Reason therefor. There is no room to examine the wisdom and reasons behind legislation except where Civil Matters — Volume 10 · Source page ٧١
  14. Principle 331The provision in Article 1 of Law No. 35 of 1978. Its implication: contracts containing essential terms unusual in ordinary leases fall outside the regime of application of this law. The provisions of the Commercial CodeCivil Matters — Volume 10 · Source page ٧١
  15. Principle 332Endorsement of a bill of exchange or cheque. Its effect. - The rule that endorsement purges the negotiable-instrument obligation of any grounds leading to its rescission or nullity, as well as defences based on the debtoCivil Matters — Volume 10 · Source page ٧١
  16. Principle 333Entitlement to diya or part thereof does not preclude compensation for another injury in itself, so long as their subject matter is not one and the same. The reason: each separate injury carries a separate diya or compenCivil Matters — Volume 10 · Source page ٧١
  17. Principle 334The judge’s refusal to issue a payment order. Its implication: setting a hearing before the competent court as an original action. Its cases: the creditor applying for a payment order outside the cases in which it is avaCivil Matters — Volume 10 · Source page ٧١
  18. Principle 335Loans granted by banks. A commercial activity by its nature, whether or not the borrower is a merchant and whether expended on commercial or civil activities; the bank is entitled to default interest thereon whenever theCivil Matters — Volume 10 · Source page ٧٢
  19. Principle 336The presumption that every obligation has a lawful cause, even if not mentioned in the debt instrument, unless evidence to the contrary is established. Article 177, Civil Code. Whoever alleges the absence or unlawfulnessCivil Matters — Volume 10 · Source page ٧٢
  20. Principle 337The direct actor's liability for compensating bodily injury. The condition for its establishment: where the act he personally performed itself brought about the harm and caused it without an intermediary. If the movementCivil Matters — Volume 10 · Source page ٧٢
  21. Principle 338A special law may not be disregarded in order to apply the general law except in respect of matters omitted from the special law. Reason for that: the special law is an exception to the general law, limiting the generaliCivil Matters — Volume 10 · Source page ٧٢
  22. Principle 339The legislature's designation of a particular point for the diligent creditor which, when reached by the enforcement proceedings he pursues, closes the door to other creditors—who have neither attached property nor been Civil Matters — Volume 10 · Source page ٧٣
  23. Principle 340The rule that there is no estate until the debt is paid. Its implication: immediately upon death, the estate remains encumbered by the deceased’s debts and obligations, and his creditors are entitled to pursue it. The efCivil Matters — Volume 10 · Source page ٧٣
  24. Principle 341A clear, explicit provision of conclusive meaning. There is no room to depart from or interpret it on the pretext of the rationale that prompted it and the legislature’s intention therein concerning deeming an action nevCivil Matters — Volume 10 · Source page ٧٣
  25. Principle 342The challenged judgment's rejection of the defence that the maternal grandmother's right to bring the action—claiming custody—had lapsed because more than 1 year had passed since she learned of her daughter's marriage toCivil Matters — Volume 10 · Source page ٧٣
  26. Principle 343A legal provision. Where it is general, explicit, and conclusive in indicating its intended meaning. There is no room for restricting, particularizing, or interpreting it. Rationale: avoiding the introduction of a differCivil Matters — Volume 10 · Source page ٧٤
  27. Principle 344A clear provision, plain in meaning and conclusive in import. There is no room to depart from them or interpret it. The reason for that: interpretation is warranted only when the provision is ambiguous. - The challenged Civil Matters — Volume 10 · Source page ٧٤
  28. Principle 345Clear and unambiguous statutory provisions. It is impermissible to adopt anything contrary to them or to restrict them. The reason for this: to avoid arriving at a rule different from the legislature’s intent. - Inquiry Civil Matters — Volume 10 · Source page ٧٤
  29. Principle 346The judge must refer to the statutory text and apply it to the facts of the action within the limits of its wording. It is impermissible to adopt anything contrary to it or to restrict it if it is clear. The reason thereCivil Matters — Volume 10 · Source page ٧٤
  30. Principle 347Establishment that the appellant—the father—is the natural guardian of his daughter’s person and property because she has not attained the age of legal capacity. - 74 - The law. Import thereof. He alone has the right to Civil Matters — Volume 10 · Source page ٧٤
  31. Principle 348Analogy is the assimilation of a matter for which no rule is prescribed to another matter for which a rule is prescribed because they share the same underlying reason for the rule. The female custodian’s travel with the Civil Matters — Volume 10 · Source page ٧٥
  32. Principle 349Clear and evident statutory provisions. It is impermissible to adopt anything contrary to them or restrict them, as that would introduce, through interpretation, a rule different from the legislature's intent. - Inquiry Civil Matters — Volume 10 · Source page ٧٥
  33. Principle 350Prescription as a ground for the extinction of personal rights that have remained unenforced for a period of time. Its adoption by the legislature. Its reasons. Respect for settled situations or reliance on a presumptionCivil Matters — Volume 10 · Source page ٧٥
  34. Principle 351The wording of the text is clear in meaning. It is impermissible to adopt anything contrary to it, restricting it, or adding to it. The reason therefor. - Inquiry into the rationale and motives of legislation. It is impeCivil Matters — Volume 10 · Source page ٧٦
  35. Principle 352The wording of the legal provision applicable to the facts of the action. The judge must adhere to it if its meaning is clear. He may not adopt anything that contradicts or restricts it. The reason for this. So as not toCivil Matters — Volume 10 · Source page ٧٦
  36. Principle 353The judge must refer to the statutory provision governing the dispute in the action. - 76 - Law - Statutory provisions with clear meaning. It is impermissible to adopt anything contrary to them, restrict them, add to theCivil Matters — Volume 10 · Source page ٧٦
  37. Principle 355Obscurity or ambiguity in a provision. The judge may ascertain the correct rule by examining the rationale and purpose of the legislation. - Issuance of a Civil Service Council decision granting researchers, specialists,Civil Matters — Volume 10 · Source page ٧٧
  38. Principle 356Interpretation of a statutory provision. It must be mutually supportive of the other statutory provisions all governed by a unity of subject matter, in a manner that establishes harmony among them and avoids conflict. ThCivil Matters — Volume 10 · Source page ٧٨

  39. تعلق بعض أحكام القانون بالنظام العام

    Principle 361Determining whether a legal rule relates to public policy or not. A question of law. Subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. ArCivil Matters — Volume 10 · Source page ٧٩
  40. Principle 362The provisions of the Labour Law relating to workers’ rights in the private sector. Are matters of public policy, and agreement to contravene them is therefore impermissible unless it achieves a benefit for the worker.Civil Matters — Volume 10 · Source page ٧٩
  41. Principle 363The rights conferred on the worker by the provisions of the Labour Law are matters of public order. No agreement may be made in derogation from them unless such derogation results in a greater advantage or benefit for thCivil Matters — Volume 10 · Source page ٧٩
  42. Principle 364The plea that proof by witness testimony is impermissible in cases where proof must be in writing. Not a matter of public policy. Its implication. It must be raised before the hearing of witness testimony begins; otherwiCivil Matters — Volume 10 · Source page ٧٩
  43. Principle 365Benefiting from Law 41 of 1993 concerning the State's purchase of certain debts. Its condition. The customer's authenticating an acknowledgment of the amount of indebtedness according to the outstanding balance on 1/8/19Civil Matters — Volume 10 · Source page ٧٩
  44. Principle 367A legal rule relating to public policy is one intended to achieve a political, social, or economic public interest connected with society's higher interests and prevailing over the interests of individuals. Its classificCivil Matters — Volume 10 · Source page ٨٠
  45. Principle 368Application of the new law immediately upon its coming into operation to legal positions arising after its entry into force, and with immediate effect to the future consequences arising from earlier legal positions. ExceCivil Matters — Volume 10 · Source page ٨٠

  46. التعارض بين اللوائح والقوانين

    Principle 369Legal rules considered part of public policy. They are those intended to achieve a general political, social, or economic interest relating to the higher order of society. - 80 - The Law Conflict between regulations and Civil Matters — Volume 10 · Source page ٨٠

  47. في المسائل الإجرائية

    Principle 370Disputes within the jurisdiction of the Administrative Circuit of the Court of First Instance. Their nature. - Jurisdiction of the Constitutional Court. Confined to determining the constitutionality of laws and regulatioCivil Matters — Volume 10 · Source page ٨١
  48. Principle 371Imposition by a civil court, in an administrative dispute, of the sanction of deeming the action never to have been brought for failure to serve it pursuant to Article 49 of the Code of Procedure does not render its judgCivil Matters — Volume 10 · Source page
  49. Principle 372Judgments issued by the court of first instance as final judgments. The general rule is that they are not appealable unless the law provides otherwise, or they contradict an earlier judgment that has not acquired the forCivil Matters — Volume 10 · Source page
  50. Principle 373Recourse to the general law where a special law exists. Its criterion. - Signature of the appeal petition by a lawyer. An essential procedural requirement. Its rationale. Failure to comply. Its effect. Nullity of the petCivil Matters — Volume 10 · Source page
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