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. في المسائل المدنية والتجارية

    Principle 495Engaging in commerce is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the Gulf CooperatPleadings — Part One · Source page ٤٤٣
  2. Principle 496The Economic Agreement between the Gulf Cooperation Council States, approved by the State of Kuwait by Law 5 of 2003. It accorded equal treatment to the nationals of these States in all economic fields. The implication oPleadings — Part One · Source page ٤٤٣
  3. Principle 497It is impermissible to disregard the special law in order to apply the general law, as this is contrary to the purpose for which the special law was enacted.Pleadings — Part One · Source page ٤٤٤
  4. Principle 498The objection to the judgment for dismissing the appellant's action for partition and allotment of her inheritance share in the entire land and building, refusing to apply the school of Imam Malik although she is Sunni, Pleadings — Part One · Source page ٤٤٤
  5. Principle 499Absence of a special provision in Book 2 of the Commercial Code concerning discharge of the guarantor's liability. Its implication. The general provisions on obligations in the Civil Code apply to him. The reason therefoPleadings — Part One · Source page ٤٤٤
  6. Principle 501Industrial plots are considered State assets forming part of its private property. Their subjection to the rules of private law. Dealings concerning them are conducted in the same manner as dealings between individuals. Pleadings — Part One · Source page ٤٤٤
  7. Principle 502Application of the general provisions governing obligations in the Civil Code where there is no special provision. The Commercial Law's failure to provide special rules on the extent of a guarantor's discharge in certainPleadings — Part One · Source page ٤٤٤
  8. Principle 503All types of insurance. Their subjection to the provisions of the Civil Code, with due regard to what special legislation provides for a particular type thereof. Article 809 of the Civil Code. - Transfer of ownership of Pleadings — Part One · Source page ٤٤٥
  9. Principle 504Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the petition of challenge and were not previously invoked before the court of merits. The condiPleadings — Part One · Source page ٤٤٥
  10. Principle 505A lawyer's agency. Its formation, termination, and all other rules are subject to the general rules governing the agency contract in the Civil Code, except for the special provisions concerning that agency contained in LPleadings — Part One · Source page ٤٤٦
  11. Principle 506A disposition by a debtor subject to Law No. 41 of 1993 concerning the State's Purchase of Certain Debts in favor of a relative up to the second degree. It is ineffective against the State if it did not have an authenticPleadings — Part One · Source page ٤٤٦
  12. Principle 507The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The necessity of applying Article 118 of the Commercial Code concerning the prescription ofPleadings — Part One · Source page ٤٤٦
  13. Principle 508The Civil Code. Its regulation of the provisions governing the gift contract, both in form and substance. Its implication. Exclusion of its particular provisions from personal status matters. Its effect. The civil circuiPleadings — Part One · Source page ٤٤٦
  14. Principle 509A gift predating the issuance of Amiri Decree No. 19/1959 concerning the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of thPleadings — Part One · Source page ٤٤٧
  15. Principle 510A contract agency agreement and a distribution agreement are governed by Articles 271 through 285 of the Commercial Code. - Provisions prescribing special limitation periods for certain rights. They must be interpreted nPleadings — Part One · Source page ٤٤٧
  16. Principle 511Decree-Law 70 of 1980. Regulated the rights of non-Kuwaiti military personnel and established their entitlement to a retirement pension in cases where military service ends. Its repeal of preceding legislation in respectPleadings — Part One · Source page ٤٤٧
  17. Principle 512Judgments and orders issued in a foreign country. They may be enforced in Kuwait on the same conditions prescribed by that country's law for enforcement of judgments and orders issued in Kuwait. An application for an enfPleadings — Part One · Source page ٤٤٧

  18. في مسائل القسائم الصناعية

    Principle 513Kuwait Finance House is a Kuwaiti shareholding company. Its subjection, in respect of the banking services and transactions it performs, all aspects of its activity, and the rights resulting or obligations arising therefPleadings — Part One · Source page ٤٤٨

  19. في مسائل القروض البنكية

    Principle 514Industrial plots. They are considered the State's private property and are subject to the rules of private law. The State's approval of an assignment by the person to whom the industrial plot was allocated. Its effect: aPleadings — Part One · Source page ٤٤٨

  20. في مسائل الإيجارات

    Principle 515The loan granted by the Credit and Savings Bank to beneficiaries of government plots to construct housing upon them. Guaranteed by the Government until the date of issuance of the title deed to the borrower. The Bank's fPleadings — Part One · Source page ٤٤٩
  21. Principle 516The lease contract falling outside the provisions of Law 35/1978. Its import. Application of the Commercial Law or another law, as appropriate. - Ascertaining the true nature of the relationship and its inclusion of essePleadings — Part One · Source page ٤٤٩
  22. Principle 517A lease falling outside the provisions of Law 35/1978. The consequence thereof. The Civil Code applies to it. - A fixed-term contract. It terminates upon expiry of its term, unless its extension is agreed upon.Pleadings — Part One · Source page ٤٤٩
  23. Principle 518Real Property Lease Law. Cases falling outside its scope of application. Application of the Commercial Law or another law, as the case may be.Pleadings — Part One · Source page ٤٤٩
  24. Principle 519The Rental Circuit of the Court of First Instance has exclusive jurisdiction to hear all disputes relating to leases and compensation arising therefrom, including jurisdiction to hear a grievance against an order - 449 -Pleadings — Part One · Source page ٤٤٩
  25. Principle 520The determining factor in whether or not the provisions of the Real Property Leasing Law apply to a lease of premises is ascertaining the contracting parties’ intention to determine whether the contents included in the pPleadings — Part One · Source page ٤٥٠
  26. Principle 522Law 35 of 1978 concerning the Leasing of Real Estate. What falls outside its scope of application.Pleadings — Part One · Source page ٤٥٠
  27. Principle 523Application of the provisions of Law 35 of 1978 concerning the Lease of Real Property to real property, including vacant land leased for residential purposes. Exception for agricultural land and contracts containing subsPleadings — Part One · Source page ٤٥٠
  28. Principle 524Contracts containing essential conditions unusual in an ordinary lease. Their exclusion from the scope of application of Decree-Law 35 of 1978 concerning the Lease of Real Estate. Article 1 thereof. Its effect. Its subjePleadings — Part One · Source page ٤٥٠
  29. Principle 525Law 35 of 1978 concerning real estate leasing. It does not apply to leases in certain circumstances, including contracts containing essential terms unusual in an ordinary lease. The reason for this. These terms constitutPleadings — Part One · Source page ٤٥١
  30. Principle 526A lease intended for speculation to achieve financial profit. The provisions of the Rent Law do not apply to it. Its subjection to the provisions of the Commercial Code or other provisions, as the case may be. Example.Pleadings — Part One · Source page ٤٥١
  31. Principle 527Law No. 35 of 1978 concerning Real Property Leases. What falls outside its scope of application. - The Lease Circuit. When jurisdiction is vested in it. A judgment rendered in a dispute falling within that circuit's juriPleadings — Part One · Source page ٤٥١
  32. Principle 528The Real Estate Lease Law. Excluded from its scope of application leases in certain circumstances which it set out within a rule encompassing them. - The Tenancy Division of the Court of First Instance has jurisdiction oPleadings — Part One · Source page ٤٥١
  33. Principle 529Law No. 35 of 1987 concerning the Lease of Real Estate. What falls outside its scope of application. - Interpretation and construction of contracts and ascertainment of the true relationship between the parties, their inPleadings — Part One · Source page ٤٥١
  34. Principle 530Exclusion of the lease contract from the scope of application of the Real Property Lease Law. Its effect. Application of the general rules in the Civil Code. Example.Pleadings — Part One · Source page ٤٥٢
  35. Principle 531Law 35 of 1978 concerning the Lease of Real Estate. Does not apply to a lease containing essential terms unusual in an ordinary lease. The reason: these terms constitute a legal presumption that the parties intended to cPleadings — Part One · Source page ٤٥٢

  36. في مسائل التحكيم

    Principle 532The impermissibility of challenging judgments rendered in tenancy disputes by the Tenancy Division of the Court of Appeal. Its criterion: that the division has decided a tenancy dispute whose determination requires appliPleadings — Part One · Source page ٤٥٢
  37. Principle 533Arbitral tribunals. Their subjection to the provisions regulating arbitration in the Code of Procedure insofar as they do not conflict - 452 - Procedure with their provisions. - An application for recusal of a judge. WaiPleadings — Part One · Source page ٤٥٢
  38. Principle 534The arbitrator's obligation to respect the rules prescribed in the chapter on arbitration, respect the general principles of the Code of Procedure, and protect the rights of defence. - The permissibility, by way of excepPleadings — Part One · Source page ٤٥٣
  39. Principle 535Arbitral tribunals are subject to the provisions of Law 11 of 1995 concerning judicial arbitration and the provisions of the Law of Procedure insofar as they do not conflict with the provisions of the former law.Pleadings — Part One · Source page ٤٥٣
  40. Principle 536Arbitration is an exceptional avenue of litigation confined to what the parties intend. The consequence thereof. A litigant's recourse to the courts in a matter agreed to be arbitrated. A violation of the rules of functiPleadings — Part One · Source page ٤٥٣

  41. في المسائل الإدارية والخدمة المدنية

    Principle 537Arbitral tribunals are subject to the provisions of Law No. 11 of 1995 concerning Judicial Arbitration. Basis thereof. Their being subject to the provisions of the Civil and Commercial Procedure Law insofar as these do nPleadings — Part One · Source page ٤٥٤
  42. Principle 538A grievance against administrative decisions: all its papers are sent to the Department of Legal Opinions and Legislation, accompanied by the opinion of the administrative authority issuing the administrative decision. TPleadings — Part One · Source page ٤٥٤
  43. Principle 539Service of statements of claim in administrative actions is effected at the headquarters of the Department of Legal Advice and Legislation, entrusted with appearing for the Government to defend it. Signing the statementsPleadings — Part One · Source page ٤٥٤
  44. Principle 540An employee appointed by contract. The provisions of the Civil Service Law apply to matters for which no special provision appears in the contract concluded with the employee. The basis thereof. Either party to the contrPleadings — Part One · Source page ٤٥٤
  45. Principle 541Positions are filled by appointment, promotion, transfer or secondment. Appointment. How it is effected. Non-Kuwaitis may be appointed only temporarily and by contract. The applicable law is Law 15 of 1979 concerning thePleadings — Part One · Source page ٤٥٤
  46. Principle 542Law No. 15 of 1979 concerning the Civil Service does not apply to military members of the police. - The absence in Law No. 23 of 1968 concerning the Police Force System of a provision regulating the limitation period forPleadings — Part One · Source page
  47. Principle 543The existence of a special law. Its effect. No recourse is had to the provisions of the general law in matters not regulated by the special law. The reason for this. The special legal rule does not repeal the general rulPleadings — Part One · Source page
  48. Principle 544Public markets designated for public benefit. Their occupation is in return for a fee, not rent, and under temporary licenses that are not binding on the licensing authority, which may cancel or revoke them before their Pleadings — Part One · Source page
  49. Principle 545State-owned industrial plots. They are not considered public property. Reason for this. They lack the element of dedication to public benefit. They are considered the State's private property. The implication of this. ThPleadings — Part One · Source page
  50. Principle 546A female employee married to an employee working at the Ministry of Foreign Affairs or to one of those dispatched by other governmental entities on representative missions. She has the right to special leave at half salaPleadings — Part One · Source page
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