المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. اختصاص السلطات الإدارية – التفويض فيه

    Principle 925Assignment of a particular competence to an administrative authority pursuant to law. Its effect. It may not be relinquished or delegated. The reason therefor: exercising the competence is a duty incumbent upon it, not aPleadings — Part One · Source page ٥٤٠
  2. Principle 926The Speaker of the National Assembly issuing a decision concerning delegation of certain powers, including authorizing the Assembly’s Secretary-General to refer holders of posts in the general posts group, except holdersPleadings — Part One · Source page ٥٤١
  3. Principle 927Joining the army is through military service, voluntary enlistment or appointment under the conditions and procedures specified by laws, decrees and implementing decisions. - A volunteer is every Kuwaiti who has adopted Pleadings — Part One · Source page ٥٤١

  4. اختصاص دائرة الإيجارات بالمحكمة الكلية

    Principle 928The general rule is that an employee's taking leave is subject to the administrative authority's discretion without judicial review thereof. The exception: it has no latitude in this if its conduct entails depriving him Pleadings — Part One · Source page ٥٤٢
  5. Principle 929The jurisdiction of the Tenancy Circuit established by Law No. 35/1978 AD to hear disputes relating to tenancy, including disputes relating to the validity of a lease. A matter of public policy.Pleadings — Part One · Source page ٥٤٢
  6. Principle 930The jurisdiction of the Tenancy Circuit, its criterion and limits. The Tenancy Circuit's examination of the true relationship between the litigants to ascertain whether or not it has jurisdiction to hear it is subject toPleadings — Part One · Source page ٥٤٢
  7. Principle 931The jurisdiction of the Tenancies Circuit is established only where the dispute relates to a provision of Decree-Law 35/1987 concerning a tenancy relationship. - A claim for an order to repay what was collected in executPleadings — Part One · Source page ٥٤٢
  8. Principle 932Jurisdiction of the Tenancy Circuit under the provisions of Decree-Law No. 35/1978. Its criterion. Matters outside this jurisdiction. Example: the payer's recourse action against the debtor and the subrogation action. ThPleadings — Part One · Source page ٥٤٢
  9. Principle 934The jurisdiction of the Rentals Circuit. Its criterion. The dispute’s relation to a provision of Decree-Law 35/1978, which does not apply to contracts containing unusual essential terms, contracts intended for speculatioPleadings — Part One · Source page ٥٤٣
  10. Principle 936The Tenancies Circuit of the Court of First Instance. Its jurisdiction over disputes concerning a lease, except those excluded from this jurisdiction. - An appeal in cassation against a judgment issued in a dispute falliPleadings — Part One · Source page ٥٤٣
  11. Principle 937An appeal by cassation against judgments issued by the Court of Appeal. Its cases. The reason therefor. The jurisdiction of the Tenancy Circuit of the Court of First Instance. Its scope. Appeals against judgments issued Pleadings — Part One · Source page ٥٤٣
  12. Principle 938The jurisdiction of the Tenancy Circuit of the Court of First Instance. Its scope. What falls outside this jurisdiction. Its implication. Judgments issued within the limits of its jurisdiction. May not be challenged by cPleadings — Part One · Source page ٥٤٤
  13. Principle 939The jurisdiction of the Tenancies Circuit of the Court of First Instance. Its criterion. The Tenancies Circuit may examine the true nature of the legal relationship to determine whether or not it has jurisdiction to hearPleadings — Part One · Source page ٥٤٤
  14. Principle 940A contract leasing commercial premises and their licence for their operation for the same purpose for which they were licensed, which included exceptional terms unusual in a lease contract. The dispute concerning it fallPleadings — Part One · Source page ٥٤٤
  15. Principle 941The Rentals Circuit at the Court of First Instance is vested with jurisdiction only where the dispute before it falls within the scope of application of the provisions of Decree-Law 35/1978, and this jurisdiction relatesPleadings — Part One · Source page ٥٤٤
  16. Principle 942The jurisdiction of the Tenancies Circuit of the Court of First Instance. Its prerequisite. A judgment issued in a matter that does not constitute a tenancy dispute falling within the jurisdiction of the Court of First IPleadings — Part One · Source page ٥٤٤
  17. Principle 943Jurisdiction of the Rental Circuit at the Court of First Instance. Its scope. What falls outside this jurisdiction. Its cases. A judgment rendered in a dispute within that circuit's jurisdiction. It may not be challengedPleadings — Part One · Source page ٥٤٤
  18. Principle 944The Leases Circuit of the Court of First Instance alone is vested with jurisdiction to hear all disputes relating to leases and compensation arising therefrom, including jurisdiction to hear a grievance against a paymentPleadings — Part One · Source page ٥٤٥
  19. Principle 945The jurisdiction of the Tenancy Circuit of the Court of First Instance to determine disputes relating to tenancy and compensation arising therefrom. What is excepted therefrom: its nature. Articles 1, 24, 26 of Law 35 ofPleadings — Part One · Source page ٥٤٥
  20. Principle 946The inadmissibility of challenging judgments issued in tenancy disputes issued by the Court of Appeal over which the Tenancies Circuit of the Court of First Instance has jurisdiction.Pleadings — Part One · Source page ٥٤٥
  21. Principle 949The question of subject-matter jurisdiction by reason of the type of action concerns public order. It is considered present in the litigation and always before the court. A judgment rendered on the merits is considered tPleadings — Part One · Source page ٥٤٥
  22. Principle 950A plea of lack of subject-matter jurisdiction. Its relation to public policy. The implication thereof. It is deemed, with respect to the type of action, to subsist in the proceedings and to be constantly before the courtPleadings — Part One · Source page ٥٤٥
  23. Principle 951The jurisdiction of the Tenancies Circuit arises only where the dispute submitted to the court concerns a provision of Decree-Law 35 of 1978 regarding a tenancy relationship. An example concerning a civil dispute and notPleadings — Part One · Source page ٥٤٦
  24. Principle 952The Rental Circuit at the Court of First Instance has jurisdiction only where the dispute brought before the court concerns a provision of Decree-Law 35 of 1978 concerning real estate leasing. The determining consideratiPleadings — Part One · Source page ٥٤٦
  25. Principle 953The Leases Circuit of the Court of First Instance. Its jurisdiction extends only to disputes falling within the scope of application of Decree-Law 35 of 1978. This relates to public policy. Judgments rendered in this regPleadings — Part One · Source page ٥٤٦

  26. اختصاص دائرة الإيجارات بمحكمة الاستئناف خروجه عن الاختصاص النوعي

    Principle 954The Tenancy Circuit of the Court of First Instance. Its jurisdiction to hear disputes relating to tenancy is subject-matter jurisdiction pertaining to public policy. The implication thereof: this issue is considered to sPleadings — Part One · Source page ٥٤٦
  27. Principle 955Designating a circuit of the Court of Appeal to hear tenancy actions does not preclude it from hearing other matters. The reason therefor. Departing from the organisation of work among the court's circuits does not entaiPleadings — Part One · Source page ٥٤٧
  28. Principle 956Jurisdiction of the Tenancy Circuit of the Court of First Instance to adjudicate all disputes concerning leases of real property. Exceptions thereto. Articles 1, 24, 26 of Law 35/1978.Pleadings — Part One · Source page ٥٤٧
  29. Principle 957Ascertaining what the contracting parties intended by their contract and assessing the extent to which it contains essential terms unusual in an ordinary lease. Within the authority of the court hearing the merits, proviPleadings — Part One · Source page ٥٤٧
  30. Principle 958The Rental Circuit at the Court of First Instance has jurisdiction only where the dispute before it falls within the scope of application of the provisions of Decree-Law 35 of 1978, and this jurisdiction concerns public Pleadings — Part One · Source page ٥٤٧
  31. Principle 959Judgments issued by the Court of Appeal concerning disputes relating to real estate leases and compensation arising therefrom, over which the Leases Circuit - 547 - Civil Procedure of the Court of First Instance has juriPleadings — Part One · Source page ٥٤٧
  32. Principle 960Judgments issued by the Court of Appeal in tenancy disputes falling within the jurisdiction of the Tenancy Circuit of the Court of First Instance. They may not be appealed by cassation. An example of a judgment issued byPleadings — Part One · Source page ٥٤٨
  33. Principle 961Decree-Law No. 35/1978 concerning the lease of real estate. What falls outside its scope of application. - Interpretation of contracts and assessment of the extent to which a contract contains essential terms unusual in Pleadings — Part One · Source page ٥٤٨
  34. Principle 962Subject-matter jurisdiction is, in principle, attributed to the court, not to its circuits. Assignment of particular actions to the court's circuits by a resolution of its general assembly. Does not constitute subject-maPleadings — Part One · Source page ٥٤٨

  35. الاختصاص بنظر النزاع الناشئ عن سحب الشيك

    Principle 963The jurisdiction of the Tenancies Circuit of the Court of First Instance. Its criterion. That the dispute before it relates to a provision of Decree-Law 35/1978 concerning real estate leases. 9- Jurisdiction to hear the Pleadings — Part One · Source page ٥٤٩

  36. الاختصاص بنظر دعوى المقاول من الباطن على رب العمل

    Principle 964Commercial acts. Their nature. - Issuing a cheque is inherently a commercial act in all circumstances, regardless of its parties or the occasion for drawing it. The effect thereof. - The Commercial Circuit of the Court oPleadings — Part One · Source page ٥٤٩

  37. الاختصاص بالمنازعات المتعلقة بالهبة (حتى صدور القانون المدني)

    Principle 965A subcontractor may bring an action against the employer for a judgment obliging him to pay the default interest due to the subcontractor from the main contractor. The basis thereof. Article 682, Civil Code. The reason tPleadings — Part One · Source page ٥٤٩
  38. Principle 966Disputes relating to a gift contract after the Civil Code came into force. The Civil Circuits have jurisdiction over them, to the exclusion of the Personal Status Circuits. Departure from this. An error in the applicatioPleadings — Part One · Source page ٥٤٩
  39. Principle 967A gift is a financial contract whose rules the legislature derived from Islamic jurisprudence without adhering to a particular school. Regulation of the provisions governing the gift contract in the Civil Code after exclPleadings — Part One · Source page ٥٥٠

  40. اختصاص دائرة الإفلاس بالمحكمة الكلية

    Principle 969The bankruptcy court specified in Law No. 7 of 1983 AD has no jurisdiction over disputed debts except upon referral of the debtor to it and its issuance of a judgment declaring his bankruptcy.Pleadings — Part One · Source page ٥٥٠
  41. Principle 970Referral of the debtor to the Institution for the Settlement of Share Transactions does not prevent his creditor, whose debt is unrelated to shares transacted on deferred terms, from resorting to the ordinary courts to cPleadings — Part One · Source page ٥٥٠
  42. Principle 971The jurisdiction of the Bankruptcy Court specified in Law 75/1983 over disputed debts, except those concerning registered debts over which the Arbitration Panel has jurisdiction. Subject-matter jurisdiction relating to pPleadings — Part One · Source page ٥٥٠
  43. Principle 972The courts possess general jurisdiction and are competent to hear all disputes except those excluded. - The exceptional circuit competent to declare bankruptcy, constituted under Law 7/1983. Its jurisdiction to determinePleadings — Part One · Source page ٥٥١
  44. Principle 973Declaration of bankruptcy of a customer subject to Law 41 of 1993 concerning indebtedness who has ceased payment. Jurisdiction thereover. Its assignment to a special circuit. The nature of this jurisdiction and its connePleadings — Part One · Source page ٥٥١
  45. Principle 974An application for a composition to avert bankruptcy under the provisions of Law 41 of 1993. Its subjection to the procedures and provisions prescribed by the legislature as an exception to the procedures and provisions Pleadings — Part One · Source page ٥٥١
  46. Principle 975The court administering the bankruptcy. Its jurisdiction to grant permission to the Kuwait Investment Authority, in its capacity as administrator of the body of creditors, to sell the assets of the bankruptcy estate and Pleadings — Part One · Source page
  47. Principle 976Issuance of a judgment declaring the debtor bankrupt. Its effect: ordinary creditors or holders of ordinary preferential rights may not pursue their rights against the bankrupt or the bankruptcy estate through individualPleadings — Part One · Source page
  48. Principle 977The application for a composition to avert bankruptcy submitted by the debtor or the Public Investment Authority. It must initially be presented to the Court of First Instance having jurisdiction to declare the bankruptcPleadings — Part One · Source page
  49. Principle 978A judgment declaring a trader bankrupt more than once. Impermissible. The reason therefor. Its effect: a single court has jurisdiction over it even if his commercial establishments are multiple. New creditors participatePleadings — Part One · Source page
  50. Principle 979The jurisdiction of the Bankruptcy Circuit of the Court of First Instance pursuant to Law 41 of 1993. Subject-matter jurisdiction. Its connection with public policy. It is exceptional jurisdiction that may not be interprPleadings — Part One · Source page
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