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. - تقادم القانون

    Principle 54Subsequent general legislation. It does not implicitly repeal earlier special legislation. The latter applies to achieve the purpose for which it was enacted, as an exception to the rules of the new legislation. The condPleadings — Part One · Source page ٣٤٨

  2. - نطاق تطبيق القانون

    Principle 55Laws concerning prescription. They apply from the time they take effect to every prescription period that has not been completed, pursuant to the immediate effect of legislation. The elapsed prescription period, determinPleadings — Part One · Source page ٣٤٨
  3. Principle 56Law No. 53 of 1978 concerning real estate leases. What falls outside its scope of application. Lease contracts containing essential terms unusual in ordinary leases. The criterion for identifying those terms.Pleadings — Part One · Source page ٣٤٨
  4. Principle 57Law 35/78 concerning the lease of real estate. What falls outside its scope of application: lease contracts containing material terms that are unusual in ordinary leases. - Assessing the extent to which the contract contPleadings — Part One · Source page ٣٤٨
  5. Principle 58The Municipality’s reliance on the provisions of Law 5/1975 and Article 878 of the Civil Code. Of no avail, because privately owned lands fall outside their scope of application.Pleadings — Part One · Source page ٣٤٩
  6. Principle 59A lease concerning premises whose rent is determined with regard to tangible and intangible factors far exceeding the importance of the premises themselves, such as benefiting from a trade name, a licence, or other consiPleadings — Part One · Source page ٣٤٩
  7. Principle 60The jurisdiction of the Rentals Circuit pursuant to the provisions of Decree-Law No. 35/1978. Its criterion. What falls outside this jurisdiction. An example: an action for recourse by the payer against the debtor and anPleadings — Part One · Source page ٣٤٩
  8. Principle 61The exemption of owners of small establishments that are not operated by mechanical machinery and ordinarily employ fewer than five workers from the provisions of the Labour Law. It does not preclude agreement to subjectPleadings — Part One · Source page ٣٤٩
  9. Principle 62Prohibition on employing foreign workers unless they hold a work card or are registered with the Ministry of Social Affairs and Labour. The reason for that.Pleadings — Part One · Source page ٣٤٩
  10. Principle 63Lease contracts falling outside the jurisdictional scope of the Real Estate Lease Law. Their nature. The effect. Jurisdiction to hear them lies with the Commercial Circuit.Pleadings — Part One · Source page ٣٤٩
  11. Principle 64The lease of a commercial business falls outside the scope of application of the Real Estate Lease Law. The basis therefor.Pleadings — Part One · Source page ٣٤٩
  12. Principle 65A contract for leasing a commercial business and its licence for its operation for the same purpose for which it was licensed, which - 349 - Procedure contained exceptional terms not customary in a lease contract. A dispPleadings — Part One · Source page ٣٤٩
  13. Principle 66The existence of a special law. Its effect. No recourse to the general law except regarding provisions not regulated by the special law. Example concerning an action for compensation for the offence of public insult throPleadings — Part One · Source page ٣٥٠
  14. Principle 67A lease aimed solely at speculation to achieve material profit. The provisions of Decree-Law 35 of 1978 do not apply to it except insofar as the parties agree. The condition for this. No contravention of public order.Pleadings — Part One · Source page ٣٥٠
  15. Principle 68The pardon of penalties provided for by Amiri Decree No. 39 of 1991. It extends to criminal penalties, not civil compensation.Pleadings — Part One · Source page ٣٥٠
  16. Principle 69A judgment ordering restitution. Its meaning. Civil compensation awarded to the victim without the need for him to bring a civil claim in the criminal proceedings. - The victim has an interest and standing in enforcing tPleadings — Part One · Source page ٣٥٠

  17. سريانه من حيث الزمان "الأثر الفوري"

    Principle 71An injured person may not combine two compensations for the same damage. Persons subject to the Military Retirement Pensions and Gratuities Law may not claim compensation under its rules and compensation under the generaPleadings — Part One · Source page ٣٥٠
  18. Principle 72Whether a judgment may be challenged. In principle, this is governed by the legislation in force. Transition from the governance of the old law to that of a new law. New provisions regulating avenues of challenge. They dPleadings — Part One · Source page ٣٥١
  19. Principle 73Provisions concerning avenues of appeal. Their temporal scope. Article 2 of the promulgating provisions of the Code of Procedure. A judgment’s subjection to provisions establishing new avenues of appeal. The determining Pleadings — Part One · Source page ٣٥١
  20. Principle 74A time limit prescribed by law in months. It must be calculated month by month without regard to the number of days in each of the months falling within the time limit. Example concerning the date of commencement of Law Pleadings — Part One · Source page ٣٥١
  21. Principle 75Applications for cassation filed before Law 40/1972 came into force and not adjudicated. Mandatory referral to the Cassation Chamber. Article 19 of the aforementioned Law. These appeals are subject to the Procedural Law Pleadings — Part One · Source page ٣٥١
  22. Principle 76Judgments of the High Court of Appeal rendered in commercial and criminal matters before Law 40/1972 entered into force on 17/10/1972. They may not be challenged by way of cassation. The reason for this.Pleadings — Part One · Source page ٣٥٢
  23. Principle 77Rules in force before the Constitution. They remain in force unless repealed or amended by a provision. - The jurisprudence of the Imam is the school of law applicable to civil transactions.Pleadings — Part One · Source page ٣٥٢
  24. Principle 78Disregarding a special law in order to apply a general law is impermissible. The reason therefor. It is contrary to the purpose for which the special law was enacted. An example concerning the impermissibility of invokinPleadings — Part One · Source page ٣٥٢
  25. Principle 79The immediate direct effect of the law. The subjection of contractual legal positions under which the contract was concluded unless the new law subjects them to mandatory rules or relates to procedural rules. Property inPleadings — Part One · Source page ٣٥٢
  26. Principle 80Transactions relating to shares conducted on a deferred-payment basis are not subject to Decree-Law 7 of 1982 whenever they were conducted before it came into force.Pleadings — Part One · Source page ٣٥٢
  27. Principle 81The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions, even if brought independently rather than ancillary to annulment actions. - Law No. 61 of 1982 amending arPleadings — Part One · Source page ٣٥٢
  28. Principle 83Gifts before the Civil Code came into force. Among matters of personal status. The school of Malik is the applicable law for Kuwaitis, Muslims and others whose religious law contains no special provisions. Gifts under thPleadings — Part One · Source page ٣٥٣
  29. Principle 84Final administrative decisions. Opening them to challenge by annulment. Law 61/1981. Limited to those issued after this Law. Decisions issued before it are immune from challenge..Pleadings — Part One · Source page ٣٥٣
  30. Principle 85Occurrence of the accident giving rise to the injured person's injuries and stabilisation of the condition of those injuries before the new Civil Code took effect. The law governing the dispute concerning the claim for cPleadings — Part One · Source page ٣٥٣
  31. Principle 86A law establishing or abolishing a method of appeal. Applies only to judgments rendered after its entry into force. Procedural laws do not apply to procedures completed before the date of its entry into force. The new laPleadings — Part One · Source page ٣٥٣
  32. Principle 87Procedural laws do not apply to procedures completed before their effective date. - The enactment of a new law does not validate a procedural act that was void, so long as the statutory period for taking that procedural Pleadings — Part One · Source page ٣٥٣
  33. Principle 88Proof of civil legal acts. In principle, it is subject to the rules of evidence under the law in force when the fact arose. The subject of proof or the conclusion of the act sought to be proved.Pleadings — Part One · Source page ٣٥٣
  34. Principle 89Application of the provisions of the Law of Procedure to cases not yet decided or procedures not yet completed before its effective date, except as excluded by a special provision. Rules regulating evidentiary proceduresPleadings — Part One · Source page ٣٥٣
  35. Principle 90The former Law of Procedure. Its application from or November 1960. Its effect. Applying its provisions and repealing everything that conflicts with them.Pleadings — Part One · Source page ٣٥٤
  36. Principle 91The provisions of the new law relating to public policy. Their application to the effects arising under the old law. An example concerning an increase in the statutory interest rate and its lack of relation to public polPleadings — Part One · Source page ٣٥٤
  37. Principle 92Sending the two arbitrators to reconcile or separate the spouses. It is at the core of Sharia rules on personal status and relates to substantive rules of evidence, and is not a procedural rule. Implication thereof. ArtiPleadings — Part One · Source page ٣٥٤
  38. Principle 93Prohibition on selling undivided shares in land for which no subdivision decision has been issued except after obtaining the municipality's permission. The sanction for contravening it. Nullity. Law 92/1976. The sanctionPleadings — Part One · Source page ٣٥٤
  39. Principle 94Decision of the Minister of Social Affairs and Labour No. 66/1983 concerning the schedule determining disability percentages applies to accidents occurring from its effective date. Earlier accidents are governed by DecisPleadings — Part One · Source page ٣٥٤
  40. Principle 95The Brussels Convention concerning maritime bills of lading. It applies only to the maritime stage. The stage preceding loading or following discharge. The Convention does not apply to it.Pleadings — Part One · Source page ٣٥٤
  41. Principle 96The new law applies to everything occurring from the date it comes into force, unless the provisions of the new law relate to public policy, in which case they apply to what results therein after it takes effect. ArticlePleadings — Part One · Source page ٣٥٤
  42. Principle 97The general rule is that a new law does not apply to the past. It applies to legal positions formed after its entry into force, whether in their creation, production of effects or extinction, and to the future effects ofPleadings — Part One · Source page ٣٥٥
  43. Principle 98Real Property Lease Law No. 35/1978. Its scope of application. Cases in which a lease falls outside that scope. A lease of a commercial establishment is not subject to this law. Reason therefor.Pleadings — Part One · Source page ٣٥٥
  44. Principle 99The Companies Law and the Commercial Code. Their absence of a provision concerning one partner acting on behalf of another in a limited liability company to represent him at its general assembly meeting to increase the cPleadings — Part One · Source page ٣٥٥
  45. Principle 100Invoking the immunity of an individual administrative decision. This is only against the administration alone. The reason therefor. - Legal positions derived from laws, regulations. They may be amended by a law or regulaPleadings — Part One · Source page ٣٥٥
  46. Principle 101A contract’s inclusion of material terms not customary in an ordinary lease. Its effect. Its exclusion from the scope of application of Law No. 35/1978 concerning Real Estate Leases. Determining which terms are customaryPleadings — Part One · Source page ٣٥٥
  47. Principle 102Rules concerning whether a judgment is or is not open to challenge are governed by the law in force at the time the judgment is issued and apply with immediate effect because they relate to public policy. - Rules concernPleadings — Part One · Source page ٣٥٦
  48. Principle 103Applications concerning lineage and correction of names. They must be submitted to the committee formed to investigate these applications before being submitted to the courts, from the date Law 1/1988 takes effect. ContrPleadings — Part One · Source page ٣٥٦
  49. Principle 104Contractual obligations involving a foreign element. They are governed by the law chosen by the contracting parties.Pleadings — Part One · Source page ٣٥٦
  50. Principle 105Applications concerning lineage and correction of names. They must be submitted to the competent committee for investigation before being submitted to the judiciary, from the date on which Decree-Law 1/1988 enters into fPleadings — Part One · Source page ٣٥٦
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