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 الإدارية والخدمة المدنية

    Principle 547Periodic leave. Granted only upon the employee’s request. An employee may not use more than ninety days of the employee’s accumulated periodic leave in a single year. Upon termination of service, the employee is paid a cPleadings — Part One · Source page ٤٥٦
  2. Principle 548Application of Article 3/b of Decree-Law 15/1979 concerning the Civil Service to entities whose service affairs are regulated by special laws, in matters for which those laws contain no special provision. - The text of APleadings — Part One · Source page ٤٥٦
  3. Principle 549Assignment of a particular competence to an administrative authority by law. Its effect: it may neither be relinquished nor delegated. The reason: exercising the competence is a duty incumbent upon it, not a right belongPleadings — Part One · Source page ٤٥٧
  4. Principle 550The employee's relationship with the administrative authority. A regulatory relationship governed by laws and regulations. The employee's position in this respect is a general legal position. It may be changed at any timPleadings — Part One · Source page ٤٥٧
  5. Principle 551The authority to annul administrative decisions vested in the Administrative Circuit. Its restriction to the decisions prescribed in Article (1) of Law 20 of 1981 establishing an Administrative Circuit at the Court of FiPleadings — Part One · Source page ٤٥٧

  6. بالنسبة للموظفين الفنيين بديوان المحاسبة

    Principle 552The appointment of non-Kuwaitis may only be temporary and by contract. The provisions of the Civil Service Law and the Civil Service Regulations apply only to matters for which there is no special provision in the contraPleadings — Part One · Source page ٤٥٨
  7. Principle 553Existence of a special law. Its effect. No recourse to the provisions of the general law except concerning provisions omitted from the special law. Reason therefor. The special law may not be disregarded to apply the genPleadings — Part One · Source page ٤٥٨

  8. في مسائل العمل وقطاع الأعمال النفطية

    Principle 554Technical employees of the Audit Bureau. The legislature established for them a special legal regime covering the arrangements for their appointment, discipline and termination of service. Consequence thereof. The provisPleadings — Part One · Source page ٤٥٨
  9. Principle 555Work accident and work injury. The meaning of each under Law No. 38 of 1964 concerning Labour in the Private Sector. - Determining or negating a work injury. A matter of fact within the independent authority of the courtPleadings — Part One · Source page ٤٥٩
  10. Principle 556The absence, in the provisions of Law 38/1964 concerning labor in the private sector, as amended, of a provision governing the application of interest to financial obligations arising from an employment contract and owedPleadings — Part One · Source page ٤٥٩
  11. Principle 557A fixed-term employment contract. Termination by either party. Effect. That party’s obligation to compensate for the damage thereby suffered by the other party. Inclusion in the employment contract of a clause regulatingPleadings — Part One · Source page ٤٥٩
  12. Principle 558The old-age, disability, sickness and death insurance scheme. The employer's obligations under this insurance scheme. Their nature. - Benefiting from the more favourable benefit scheme and the criterion for claiming thisPleadings — Part One · Source page ٤٦٠
  13. Principle 559Exemption of owners of small establishments from subjection to the provisions of Law 38 of 1964 concerning labor in the private sector. The rationale for this exception: alleviating the financial burdens imposed by the lPleadings — Part One · Source page ٤٦٠
  14. Principle 560The provisions of Law 28 of 1969 concerning Work in the Oil Business Sector apply in national companies only to their Kuwaiti workers.Pleadings — Part One · Source page ٤٦٠
  15. Principle 561Law 38 of 1964 concerning Employment in the Private Sector supplements Law 28 of 1969 concerning Employment in the Oil Sector in matters for which the latter law contains no provision. The latter law’s absence of regulatPleadings — Part One · Source page ٤٦٠
  16. Principle 562The absence from the Labour Law for the Oil Business Sector of regulation of a particular matter. Its effect. The provisions of the Labour Law for the Private Sector must be applied thereto. Article 2 of Law 28 of 1969 cPleadings — Part One · Source page ٤٦٠
  17. Principle 563Recourse against the State as guarantor of bodily harm. Its prerequisite. The harm must be such as warrants Sharia diya, and identification of the person responsible for compensation or obliged to guarantee it must have Pleadings — Part One · Source page ٤٦١
  18. Principle 564The absence from the Private Sector Labour Law of a provision governing the accrual of interest on financial entitlements owed to either party to an employment contract by the other, and its failure to refer in that regaPleadings — Part One · Source page ٤٦١
  19. Principle 565Domestic workers and workers to whom other laws apply. Their exclusion from application of the provisions of the Private Sector Labor Law in respect of matters provided for in those laws. The Sports Bodies Law. - 461 - PPleadings — Part One · Source page ٤٦١
  20. Principle 566The challenged judgment's conclusion that the appellant failed to prove an employment relationship between herself and the respondent, that what she submitted was unfit as evidence to prove that, and that the contract liPleadings — Part One · Source page ٤٦٢
  21. Principle 568Kuwait National Petroleum Company. Its articles of association contain no grant to it of any attributes or privileges of public authority. The effect thereof. It is regarded as a private-law person, and its decisions arePleadings — Part One · Source page ٤٦٢
  22. Principle 569The absence from the Labour Law for the Private Sector of a provision regulating the accrual of interest on financial obligations arising from an employment contract. Its effect. Recourse must be had to the provisions ofPleadings — Part One · Source page ٤٦٢
  23. Principle 570The import of Article 3 of Law 19 of 2000 concerning Support for the National Workforce and Encouraging It to Work in Governmental Entities is that the condition for an employee in governmental entities to retain the acqPleadings — Part One · Source page ٤٦٢
  24. Principle 571Retention of the benefit of an employee in government entities continuing to receive a children’s allowance exceeding the maximum after the promulgation of Law No. 19 of 2000 requires that the employee have been in the sPleadings — Part One · Source page ٤٦٣
  25. Principle 572Permissibility of reappointing an employee whose service in the general posts group has ended, whenever the legally prescribed conditions are satisfied in his regard, whether at the same grade he previously held and at tPleadings — Part One · Source page ٤٦٣
  26. Principle 573A grant or bonus. It is considered part of wages if the employer undertakes to pay it in the employment contract, a subsequent agreement, the work regulations, or pursuant to custom. The condition for this: regularity inPleadings — Part One · Source page ٤٦٣

  27. في مسائل المديونيات

    Principle 574Registration under the provisions of Parts Three and Five of the Social Insurance Law is undertaken by the Public Institution for Social Security. Its adherence in this respect to the provisions of that Law. Reason therePleadings — Part One · Source page ٤٦٤
  28. Principle 575Laws promulgated concerning the State’s purchase of certain debts. They authorize the Central Bank of Kuwait, on behalf of the State, to purchase the total cash facilities specified therein. The legislature’s objective iPleadings — Part One · Source page ٤٦٤
  29. Principle 577The Central Bank’s representation of the State in purchasing the total cash facilities extended by local banks and investment companies subject to the supervision of the Central Bank of Kuwait. This results in the purchaPleadings — Part One · Source page ٤٦٤
  30. Principle 578Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to the liability of a debtor replacing him. The consequences thereof. An example concerning the State's purchase of local bankPleadings — Part One · Source page ٤٦٥
  31. Principle 579The criterion for application of Law 41 of 1993 concerning the State’s Purchase of Certain Debts and the Method of Their Collection. That those debts were outstanding on 1/8/1990.Pleadings — Part One · Source page ٤٦٥

  32. في مسائل معاشات ومكافآت العسكريين

    Principle 580A special law may not be disregarded in order to apply a general law. An example concerning the impermissibility of invoking the provisions of the Civil Code concerning a deposit contract and disregarding the provisions Pleadings — Part One · Source page ٤٦٥
  33. Principle 581Law 32 of 1967 concerning the Army. Its application only to military personnel, to the exclusion of others. The term military person. Its meaning: one who has adopted soldiering as a career. - General mobilization. Its dPleadings — Part One · Source page ٤٦٥
  34. Principle 582The absence in Law 70 of 1980 regulating retirement pensions and gratuities for non-Kuwaiti military personnel of a provision regulating litigation procedures concerning claims against the Public Institution for Social SPleadings — Part One · Source page ٤٦٥
  35. Principle 583Voluntary enlistment of non-Kuwaitis as non-commissioned officers and soldiers. Its manner. By contract. Applicability of the provisions of Law 32 of 1967 and the provisions contained in the forms of contracts concluded Pleadings — Part One · Source page ٤٦٦
  36. Principle 584The right to a pension, where its legal basis of entitlement exists. Constitutes an obligation upon the entity against which it is established, arising as a liability on its part by operation of law. - Loss of Kuwaiti naPleadings — Part One · Source page ٤٦٦
  37. Principle 585The enactment of Law 70 of 1980 regulating retirement pensions and gratuities for non-Kuwaiti military personnel and its establishment of the right to a retirement pension in the cases of termination of military service Pleadings — Part One · Source page ٤٦٦

  38. في مسائل الضرائب

    Principle 586Recourse to the statutory provision applicable to the facts of the case, within the bounds of the provision’s clear wording. Mandatory for the judge. Impermissibility of adopting anything contrary to it or restricting itPleadings — Part One · Source page ٤٦٦

  39. في مسائل المحاماة

    Principle 587The provision in Article 12 of Law 19 of 2000 concerning Support for the National Workforce and Encouraging It to Work in Non-Governmental Entities imposing a tax of 2.5% of annual net profits on Kuwaiti companies listedPleadings — Part One · Source page ٤٦٧

  40. في مسائل التمسك بتطبيق قانون أجنبي والاتفاقيات الدولية

    Principle 589The rule is that the attaching creditor has no exclusive entitlement to the proceeds of the property. Others who attach after him may share those proceeds with him to obtain a share therein in accordance with the legallyPleadings — Part One · Source page ٤٦٧
  41. Principle 590Reliance on foreign legislation. A fact that must be proved. Before the court of merits. - 467 - ProcedurePleadings — Part One · Source page ٤٦٧
  42. Principle 591Reliance on foreign legislation. A fact that must be proved before the court of merits; submission of unofficial copies does not suffice to prove it. An official copy thereof must be submitted.Pleadings — Part One · Source page ٤٦٨
  43. Principle 593Foreign legislation. A fact. The party invoking it must adduce evidence thereof before the court of merits. Invoking foreign legislation for the first time before the Court of Cassation. Impermissible.Pleadings — Part One · Source page ٤٦٨
  44. Principle 594Reliance on foreign legislation. A material fact that must be proved before the court of merits.Pleadings — Part One · Source page ٤٦٨
  45. Principle 595The effects arising from marriage are subject to the law of the husband's nationality at the time the marriage was concluded. - The basis of spousal maintenance under the Family Rights Law applicable in the Gaza Strip isPleadings — Part One · Source page ٤٦٨
  46. Principle 596Excluding the applicable provisions of foreign law. Impermissible unless they contravene public policy or morals in Kuwait, affect the entity of the State, or concern a public and fundamental interest of the community. APleadings — Part One · Source page
  47. Principle 598Reliance upon a foreign law is no more than a mere material fact. The litigants must establish proof thereof; otherwise, Kuwaiti law applies as the law of the forum. - 468 - Civil Procedure.Pleadings — Part One · Source page
  48. Principle 599Foreign legislation. Merely a fact. The burden of proving it rests on the party invoking it. Failure to submit an official copy thereof. Its effect. The judgment’s application of the Kuwaiti Personal Status Law as the laPleadings — Part One · Source page
  49. Principle 600Reliance on a foreign law. A material fact that the litigants must prove. Failure to do so. Its effect. Application of the Kuwaiti Personal Status Law as the law of the forum. The judgment's adherence to this view. CorrePleadings — Part One · Source page
  50. Principle 601The effects of the marriage contract in relation to property. Recourse in this respect to the law of the husband's nationality at the time the marriage was contracted. Foreign law. Regarded as a mere material fact. The iPleadings — Part One · Source page
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