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

Search this collection

  1. في مسائل التمسك بتطبيق قانون أجنبي والاتفاقيات الدولية

    Principle 602Invoking the application of a foreign law. Considered merely a material fact. The consequence. Proof of it must be adduced. Example.Pleadings — Part One · Source page ٤٦٩
  2. Principle 603Invoking the application of the provisions of a foreign law. Regarded as a mere material fact. The consequence thereof. Evidence thereof must be provided. - Failure by the party invoking the application of a foreign law Pleadings — Part One · Source page ٤٦٩
  3. Principle 604Obligations arising from an unlawful act. Application of the law of the country in which the act giving rise to the obligation occurred. Article 66 of Law 5 of 1961 regulating Legal Relations with a Foreign Element. ApplPleadings — Part One · Source page ٤٦٩
  4. Principle 605Foreign law is merely a material fact. Necessary consequence thereof: it must be proved by the person asserting it before the court of merits. It is sufficient for the person relying on that law to submit the substantivePleadings — Part One · Source page ٤٦٩

  5. في مسائل تطبيق القانون الدولي العام

    Principle 607The State's right to take the measures necessary to safeguard its supreme interests and ensure its safety derives from international law. The effect of this. It may expel undesirable foreigners or prevent their recruitmePleadings — Part One · Source page ٤٧٠

  6. في الحجز على السفينة

    Principle 608The provisions of Law 47 of 1993 concerning housing welfare. They must be applied and are not detracted from by the issuance of the Universal Declaration of Human Rights and the rights specific to women contained thereinPleadings — Part One · Source page ٤٧٠

  7. في مسائل القانون العام والقانون الخاص

    Principle 609Recourse to the provisions of the general law. Permissible only in matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest Pleadings — Part One · Source page ٤٧١
  8. Principle 610Recourse to the rules established in the general law. Its condition. That their regulation has been omitted from the special law.Pleadings — Part One · Source page ٤٧١
  9. Principle 611It is impermissible to disregard a special law in order to apply a general law, as this conflicts with the purpose for which the special law was enacted. - The Public Prosecution may request a declaration of bankruptcy oPleadings — Part One · Source page ٤٧١
  10. Principle 612The special law may not be disregarded in order to apply the general law except in respect of provisions omitted from the special law. The reason therefor: the special law is an exception to the general law, limiting thePleadings — Part One · Source page ٤٧٢

  11. ثامناً- مسائل متنوعة

    Principle 613Disregarding the special law to apply the general law. Impermissible except in respect of provisions omitted by the special law. The reason therefor. - Special legislation. An exception to the law preceding it, limiting Pleadings — Part One · Source page ٤٧٢
  12. Principle 614The Civil Code applies to commercial obligations and contracts in matters for which the Commercial Code contains no provision. - The principal’s release of the agent from the obligation to render an account of his acts. Pleadings — Part One · Source page ٤٧٣
  13. Principle 615Applying the rule of law to the facts of the action. A duty of the court adjudicating the merits; it must ascertain that rule of its own motion. Its reaching a correct result on erroneous legal grounds. The Court of CassPleadings — Part One · Source page ٤٧٣
  14. Principle 616Determining the elements of damage included in calculating compensation is a question of law subject to review by the Court of Cassation. - Assessing compensation as a lump sum based on the elements of damage without conPleadings — Part One · Source page ٤٧٣
  15. Principle 617The retained lawyer’s signature on the pleading pursuant to the provisions of the Law Regulating the Legal Profession. Its implication. What appears in statements of claim or memoranda submitted in the action is attributPleadings — Part One · Source page ٤٧٣

  16. قواعد عامة

    Principle 618Kuwaiti currency has the dinar as its unit. Decree-Law 41/1960. Previous transactions involving payment in rupees. Deemed to have been conducted on the basis of the dinar. - 473 - Procedure Litigation before the courts JPleadings — Part One · Source page ٤٧٣
  17. Principle 619The rules of civil and commercial procedure are formal procedures. No other procedure takes their place. Harm is presumed upon the mere occurrence of their violation.Pleadings — Part One · Source page ٤٧٤
  18. Principle 620The criterion for the monetary threshold for appeal and the court competent to hear it is the law in force at the time of judgment.Pleadings — Part One · Source page ٤٧٤
  19. Principle 621Ruling that jurisdiction is lacking without referral to the competent court is contrary to law. - The jurisdiction of the Rental Division established by Law No. 3/1978 AD. Subject-matter jurisdiction pertaining to publicPleadings — Part One · Source page ٤٧٤
  20. Principle 622Jurisdictional authority pertains to public policy. The connection by which jurisdiction is extended is the connection between two matters falling within the jurisdiction of courts belonging to the same judicial order.Pleadings — Part One · Source page ٤٧٤
  21. Principle 623A plea of lack of jurisdiction on account of a prior agreement to arbitrate. Does not concern public order. The effect thereof.Pleadings — Part One · Source page ٤٧٤
  22. Principle 624Referral of the debtor to the Institution for Settlement of Transactions Relating to Shares. Does not prevent his creditors with debts unrelated to company shares transacted on deferred terms from resorting to the courtsPleadings — Part One · Source page ٤٧٤
  23. Principle 625Referral of an action from one court to another for connectedness. Does not require identity of subject matter, cause or parties. It suffices that a connection exists between the two actions such that determination of onPleadings — Part One · Source page ٤٧٥
  24. Principle 626An allegation of forgery. A substantive defense directed against the original claim submitted to the person relying on the document. Jurisdiction over it lies with the court competent to hear the original action.Pleadings — Part One · Source page ٤٧٥
  25. Principle 627The jurisdiction of the Court of First Instance is general jurisdiction. Consequence thereof. This jurisdiction extends to any related claims that may fall within the monetary or subject-matter jurisdiction of the SummarPleadings — Part One · Source page ٤٧٥

  26. الاختصاص الدولي للمحاكم الكويتية

    Principle 628Cassation of a judgment for violating the rules of jurisdiction. The Court of Cassation must stop at that point without referral to the competent court. 2- International jurisdiction of Kuwaiti courts:-Pleadings — Part One · Source page ٤٧٥
  27. Principle 629Justice is a public interest exercised by the State within the limits that achieve this interest through its own judiciary, to the exclusion of any foreign judiciary. The international jurisdiction vested in Kuwaiti courPleadings — Part One · Source page ٤٧٥
  28. Principle 630The powers of the Department of Legal Advice and Legislation to represent the Government, its departments, and public institutions in actions brought by or against them before the courts. The determining consideration thPleadings — Part One · Source page ٤٧٥
  29. Principle 632A litigant’s silence as to raising the plea that the Kuwaiti judiciary lacks jurisdiction forfeits his right thereto and is regarded as his acceptance of that jurisdiction.Pleadings — Part One · Source page ٤٧٦
  30. Principle 633The plea of lack of international jurisdiction. Not a matter of public policy. It must be raised before addressing the merits; otherwise, the right to raise it lapses.Pleadings — Part One · Source page ٤٧٦
  31. Principle 634Kuwaiti courts. Have jurisdiction over every claim connected with any action within their jurisdiction. - Referral by Kuwaiti courts of an action brought before them to a foreign court. Impermissible. Referral shall not Pleadings — Part One · Source page ٤٧٦
  32. Principle 635The international jurisdiction vested in Kuwaiti courts relates to public order. An agreement to exclude the Kuwaiti judiciary from hearing a dispute in favour of a foreign judiciary. Void.Pleadings — Part One · Source page ٤٧٦
  33. Principle 638The jurisdiction of Kuwaiti courts to hear actions brought against a foreigner even if he has no domicile or place of residence in Kuwait. The criterion for this jurisdiction. - 476 - ProcedurePleadings — Part One · Source page ٤٧٦
  34. Principle 639Kuwaiti courts. The general rule is their jurisdiction over actions brought against a Kuwaiti and a foreigner who has a domicile or non-habitual place of residence in Kuwait and has an elected domicile therein. The excepPleadings — Part One · Source page ٤٧٧
  35. Principle 640The international jurisdiction of Kuwaiti courts. Its connection with State sovereignty. The consequence thereof: it pertains to public policy. The effect thereof: an agreement to exclude the national courts is void. - EPleadings — Part One · Source page ٤٧٧
  36. Principle 641A wife may bring an action for judicial divorce before the Kuwaiti courts whenever she has a domicile in Kuwait. The basis thereof. - A judgment rejecting the plea that the Kuwaiti judiciary lacks jurisdiction because thPleadings — Part One · Source page ٤٧٧
  37. Principle 642Justice is a public interest administered by the State within the limits that achieve this interest, through its own judiciary to the exclusion of any foreign judiciary. The international jurisdiction vested in Kuwaiti cPleadings — Part One · Source page ٤٧٧
  38. Principle 643Kuwaiti courts. Their jurisdiction to hear actions brought against a Kuwaiti, whether relating to personal status or property matters, civil or commercial, whether or not he has a domicile or place of residence in KuwaitPleadings — Part One · Source page ٤٧٧
  39. Principle 644Jurisdiction of Kuwaiti courts to hear actions brought against a Kuwaiti and actions brought against a foreigner who has a domicile or a non-habitual place of residence in Kuwait or an elected domicile therein. Except foPleadings — Part One · Source page ٤٧٨
  40. Principle 645Real property actions concerning property situated abroad. Are exceptionally excluded from the jurisdiction of Kuwaiti courts. An action to rescind an unregistered contract for the sale of property situated in another StPleadings — Part One · Source page ٤٧٨
  41. Principle 646Jurisdiction of Kuwaiti courts over actions brought against a foreigner. Its condition. That the foreigner have a domicile or place of residence in Kuwait. Incidental presence. Insufficient. - A foreigner having an electPleadings — Part One · Source page ٤٧٨
  42. Principle 647Actions brought against a Kuwaiti or a foreigner who has a domicile or a non-habitual place of residence in Kuwait and an elected domicile therein. Kuwaiti courts have jurisdiction to hear them. The exception. Real propePleadings — Part One · Source page ٤٧٨
  43. Principle 649Justice is a public interest pursued by the State within the limits that fulfil that interest through its own judiciary, to the exclusion of foreign judiciaries. The international jurisdiction vested in Kuwaiti courts. APleadings — Part One · Source page ٤٧٩
  44. Principle 650Real-property actions concerning property situated abroad. The Kuwaiti judiciary's lack of jurisdiction to hear them, by way of exception. An action to rescind a contract for the sale of real property situated in a StatePleadings — Part One · Source page ٤٧٩
  45. Principle 651The administration of justice is a public interest pursued by the State within the limits that achieve that interest through its judiciary, which it considers, to the exclusion of any foreign judiciary, worthy of achieviPleadings — Part One · Source page ٤٧٩
  46. Principle 652Kuwaiti courts. Their jurisdiction to hear an action brought against a foreigner whenever he has an elected domicile in Kuwait, even if he has no domicile or place of residence there. An example.Pleadings — Part One · Source page
  47. Principle 653The jurisdiction of Kuwaiti courts to hear actions brought against Kuwaitis and actions brought against a foreigner who has a domicile or a non-habitual place of residence in Kuwait, or has an elected domicile therein, ePleadings — Part One · Source page
  48. Principle 654The plea that the Kuwaiti judiciary lacks international jurisdiction to hear the dispute. Not a matter of public policy. The effect thereof: it must be raised before addressing the merits of the action; otherwise, this iPleadings — Part One · Source page
  49. Principle 655Kuwaiti courts. The prerequisite for their jurisdiction to hear actions in rem, whether concerning immovable or movable property. The immovable or movable property must be situated in Kuwait. Reason therefor. - Actions iPleadings — Part One · Source page
  50. Principle 656Referral of a debtor to the Shares Institution does not prevent his creditors whose debts do not arise or result from transactions relating to company shares concluded on a deferred basis from resorting to the ordinary cPleadings — Part One · Source page
PreviousPage 12 of 29Next