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

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. Principle 1The constitutional provision that Islamic Sharia is a principal source of legislation. Its implication is to direct the legislature in an Islamic direction, but it does not make it the sole source of legislation. The effPleadings — Part One · Source page ٣٣٧
  2. Principle 2Custom arises only in the absence of a legal provision and cannot conflict with legal provisions in force. The effect thereof. The administration’s repeated violation of applicable decisions cannot constitute a binding aPleadings — Part One · Source page ٣٣٧
  3. Principle 4Invocation of custom. Impermissible unless legislation contains no provision that can be applied to the issue presented. The absence of special legislation regulating the issue does not justify recourse to custom as a suPleadings — Part One · Source page ٣٣٧
  4. Principle 5Laws are published in the Official Gazette within two weeks of the day of their promulgation and take effect one month after the date of their publication. This period may be extended or shortened by a provision in the lPleadings — Part One · Source page ٣٣٨
  5. Principle 6Facts and legal positions predating the entry into force of the law. Its retroactive application to them. Its condition. - The new law. It must be published in the Official Gazette within two weeks of its issuance and taPleadings — Part One · Source page ٣٣٨
  6. Principle 7The Civil Code is the general law governing civil liability. Its provisions apply to cases of liability for which no special provision exists. - The provisions and rules that the judge must apply when rendering judgmentsPleadings — Part One · Source page ٣٣٨
  7. Principle 8Maintenance under the Ja‘fari school has no exhaustive list of categories. The determining consideration is what a person needs for subsistence of - 338 - Procedure the necessities of life. This means: it varies in kind,Pleadings — Part One · Source page ٣٣٨
  8. Principle 9The Social Insurance Institution. The Director General’s authorisation of employees working there to appear before the courts and plead on its behalf. Representation deriving from law. Article 8/1 of Law 61 of 1976.Pleadings — Part One · Source page ٣٣٩
  9. Principle 10The text of Article 8 of Law 51 of 1984 does not define who the guardian is. His definition in Islamic jurisprudence as an agnatic relative by blood in his own right, whose lineage is not through a female alone, and all Pleadings — Part One · Source page ٣٣٩

  10. - افتراض العلم بالقانون

    Principle 11Spousal or relative's maintenance under the Ja'fari school has no exhaustive categories. What matters is what a person needs of life's requirements for his livelihood. The implication: it varies in kind, quantity and manPleadings — Part One · Source page ٣٣٩
  11. Principle 12Laws and regulations under which contracts are concluded with employees. Everyone is presumed to know them. Effect thereof. Their incorporation into their appointment contracts.Pleadings — Part One · Source page ٣٣٩

  12. - تدرجه

    Principle 13The laws and regulations under which a contract is concluded. Everyone’s knowledge of them is presumed. The effect of this in treating them as terms of the contract. - Its hierarchy:-Pleadings — Part One · Source page ٣٣٩
  13. Principle 14Decisions of the executive authority pursuant to delegation by the legislative authority. They have the force of law. - 339 - Civil ProcedurePleadings — Part One · Source page ٣٣٩

  14. - دستورية القانون

    Principle 15Decisions of the executive authority pursuant to delegation by the legislative authority. They have the force of law. - Constitutionality of the law:-Pleadings — Part One · Source page ٣٤٠
  15. Principle 16Judgments issued by courts that a challenge to the constitutionality of laws, decree-laws and regulations is not serious: jurisdiction to adjudicate appeals brought against them belongs to the Appeals Examination CommittPleadings — Part One · Source page ٣٤٠
  16. Principle 17The Constitutional Court has exclusive jurisdiction to interpret constitutional provisions and adjudicate disputes relating to the constitutionality of laws, decree-laws, and regulations. Institution of proceedings beforPleadings — Part One · Source page ٣٤٠
  17. Principle 18Initiating proceedings before the Constitutional Court. How this is done. Challenging a judgment finding a dispute over the constitutionality of a law not serious. Exclusive jurisdiction of the Appeals Examination CommitPleadings — Part One · Source page ٣٤٠
  18. Principle 19Judgments rendered in constitutional actions. Their res judicata effect is absolute. Their effect extends to all, and all judicial bodies are bound by them, whether they conclude that the legislative provision is unconstPleadings — Part One · Source page ٣٤٠
  19. Principle 20Constitutional action. Condition for its admissibility. The challenger must have a direct personal interest. Its implication. The ruling on the constitutional issue must be capable of affecting the relief sought by the cPleadings — Part One · Source page ٣٤١
  20. Principle 21The plea raised by the appellant's representative that paragraph 1 of Article 1 of Law 18 of 1969 concerning the determination of State property outside the general planning line is unconstitutional. Failure of the lawyePleadings — Part One · Source page ٣٤١
  21. Principle 22Plea of unconstitutionality. Failure to state the grounds on which it is based and how the challenged provision contravenes the Constitution. A plea lacking seriousness.Pleadings — Part One · Source page ٣٤١
  22. Principle 23Challenges to judgments finding that a dispute over the constitutionality of laws and regulations is not serious. The Appeals Examination Committee of the Constitutional Court has exclusive jurisdiction to determine themPleadings — Part One · Source page ٣٤١
  23. Principle 25A judgment declaring a provision in a law or regulation unconstitutional. It may not be applied from the day following the date of publication in the Official Gazette. This effect extends to facts and legal positions prePleadings — Part One · Source page ٣٤٢

  24. - القوة الملزمة للقانون

    Principle 26The nature of the Court of Cassation’s legal review of judgments of the court of merits does not in itself preclude applying the legal provisions in force when deciding the appeal before it to the facts ascertained by thPleadings — Part One · Source page ٣٤٢
  25. Principle 27The ends and purposes intended by the legislature through the provisions and rules contained in Law 41 of 1993. Their nature. Its provisions are expressed in binding rules which the debtor may not breach, impair, diminisPleadings — Part One · Source page ٣٤٢
  26. Principle 28The obligation to comply with the legislative provision and refrain from contravening it, and to give precedence to higher-ranking legislation over lower-ranking legislation where they conflict, applying the higher-rankiPleadings — Part One · Source page ٣٤٣

  27. - إلغاء القانون ونسخه أو تعديله

    Principle 29Legal rules considered matters of public policy. They are those intended to achieve a general political, social or economic interest relating to the higher order of society. - Repeal, abrogation or amendment of the law:-Pleadings — Part One · Source page ٣٤٣
  28. Principle 30Recourse to the general law where a special law exists. In principle, impermissible in respect of what the special law omitted to regulate. An example concerning maritime carriage. - When subsequent general legislation rPleadings — Part One · Source page ٣٤٣
  29. Principle 31Subsequent general legislation does not impliedly repeal earlier special legislation. - The Maritime Commerce Law, as a general law, did not repeal the Brussels Convention, as a special law. Recourse must be had to it wiPleadings — Part One · Source page ٣٤٣
  30. Principle 32Social Insurance Institution. The requirement to submit a written claim to it and a grievance against its decision concerning the rights prescribed by the Social Insurance Law before bringing an action before the High CoPleadings — Part One · Source page ٣٤٣
  31. Principle 33Repeal of legislation. Its manner. Accession to the Brussels Convention concerning Bills of Lading. It did not repeal the Ports Law promulgated by Amiri Decree No. 7/1959.Pleadings — Part One · Source page ٣٤٤
  32. Principle 34Repeal of legislation. When it is express and when it is implied. The two forms of implied repeal. Conflict between a new provision and an old provision, or forms of legislation regulating anew, comprehensively, a subjecPleadings — Part One · Source page ٣٤٤
  33. Principle 35The existence of a sphere of application for the special law and the general law, and for subsequent legislation and prior legislation, differing from the other. Its effect is to preclude a finding of enactment or repealPleadings — Part One · Source page ٣٤٤
  34. Principle 36Recourse to the general law is only in respect of provisions omitted by the special law. The reason for this. - Special legislation is an exception to the legislation preceding it only insofar as it specifically providesPleadings — Part One · Source page ٣٤٤
  35. Principle 37Real Estate Registration Law 5/1959. Its regulation of non-Kuwaitis’ right to own real estate through general provisions applicable to all nationals of Arab States. Law 13/1975 regulates ownership of real estate by citizPleadings — Part One · Source page ٣٤٤
  36. Principle 38Repeal of legislation may be implied through the enactment of new legislation containing a provision that conflicts with an old provision. The specific rule restricts the general rule.Pleadings — Part One · Source page ٣٤٥
  37. Principle 39The permissibility of agreeing in a sale contract that the seller shall retain ownership of the thing sold until payment of the entire price. Article 464, Civil Code, and Articles 137/1, 138, Commercial Code. Such a condPleadings — Part One · Source page ٣٤٥
  38. Principle 40The legal non-existence of all legislation and decisions issued by Iraq during the Iraqi occupation of the State of Kuwait. An example. Concerning the abolition of the Kuwaiti currency.Pleadings — Part One · Source page ٣٤٥
  39. Principle 41Payment in foreign currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174, Civil Code. Issuance of an Amiri Order on 3/8/1990 contradicting this. It has no effect on the perPleadings — Part One · Source page ٣٤٥
  40. Principle 42An appeal petition lacking a lawyer's signature. Its effect. Its invalidity despite the absence of a provision to that effect in the Procedural Law. Reason therefor. The Legal Profession Law requires the signature. - ThePleadings — Part One · Source page ٣٤٥
  41. Principle 43Subsequent general legislation does not impliedly repeal earlier special legislation. Example concerning the General Ports Law.Pleadings — Part One · Source page ٣٤٥
  42. Principle 44No recourse to the provisions of the general law where a special law exists, except regarding provisions omitted by the special law. Reason therefor. - 345 - ProcedurePleadings — Part One · Source page ٣٤٥
  43. Principle 45Repeal of legislation. May be express or implied. - Appointment to positions in the Department of Legal Advice and Legislation by a decision of the Supreme Council upon nomination by the Government's legal expert. Art. 1Pleadings — Part One · Source page ٣٤٦
  44. Principle 46Legislation is repealed by an express or implied provision. In the latter case, repeal extends only to the extent of the conflict between the old rules and the new rules. An example of a ministerial delegation that does Pleadings — Part One · Source page ٣٤٦
  45. Principle 47The supervisor of the Office for Liquidation of Positions Arising from Forward Share Transactions, or those whom he authorizes. Empowered to represent the Office in all cases, whether brought by or against it, and also tPleadings — Part One · Source page ٣٤٦
  46. Principle 48Subsequent general legislation. Does not impliedly repeal earlier special legislation. The latter is regarded as an exception to the rules of the new legislation. Its condition. That the new legislation is not formulatedPleadings — Part One · Source page ٣٤٦
  47. Principle 50Law 36 of 1964 concerning the Regulation of Commercial Agencies. Its inclusion of the general provisions for those agencies. Its effect. The rule that no unregistered agency is recognized and no action concerning it is hPleadings — Part One · Source page ٣٤٧
  48. Principle 51Existence of a special law. Its effect. No recourse to the provisions of the general law except as to matters not regulated by the special law. Reason therefor. The special legal rule does not repeal the general rules buPleadings — Part One · Source page ٣٤٧
  49. Principle 52The Civil and Commercial Procedure Law. Its application to actions not yet decided or procedures not yet completed before its entry into force. Article (1). Exception: provisions amending time limits where the time limitPleadings — Part One · Source page ٣٤٧
  50. Principle 53Repeal of legislation. Effected by an express provision contained in subsequent legislation or implicitly through the enactment of new legislation containing provisions that conflict with the old legislation; in the secoPleadings — Part One · Source page ٣٤٨
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