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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Principle 1030The Personal Status Circuits of the courts. Their subject-matter jurisdiction to hear personal status cases. Designation of circuits to hear a particular type of personal status case by the general assembly of any court.Pleadings — Part One · Source page ٥٦٥- Principle 1031The court's general assembly assigning certain circuits to hear a particular type of personal status dispute. Its import. It does not divest all circuits of hearing those disputes. The reason therefor. The division amongPleadings — Part One · Source page ٥٦٥
- Principle 1032Subject-matter jurisdiction to hear personal status cases in all courts. It vests in the personal status circuit of each court. Designating one or more circuits to hear a particular type of personal status case. Does notPleadings — Part One · Source page ٥٦٥
ثالثاً: الاختصاص القيمي
Principle 1036Actions incapable of valuation and whose nature is incompatible with the possibility of valuation in money. Their value is presumed to exceed the final-instance monetary limit of the Summary Court. They fall within the sPleadings — Part One · Source page ٥٦٦- Principle 1037Judgments rendered by courts of first instance with final effect. The general rule. They may not be appealed except where an exception applies. What does not fall within this exception. - The general rule is that actionsPleadings — Part One · Source page ٥٦٦
- Principle 1038The general rule regarding actions is that they have an ascertainable value. What falls outside this rule. - Assessment of the appeal threshold. The criterion therefor. An example concerning the impermissibility of an apPleadings — Part One · Source page ٥٦٦
- Principle 1040The criterion for determining the value-based jurisdiction of the Court of First Instance is the value of the original claim in the action. The implication thereof. Related claims have no independent valuation. - AssessmPleadings — Part One · Source page ٥٦٧
- Principle 1041The general rule is that actions are capable of valuation. When an action is considered of indeterminate value. - Claims for overdue workers’ wages, payment in lieu of leave, end-of-service benefits, and compensation forPleadings — Part One · Source page ٥٦٧
- Principle 1042In principle, actions have an ascertainable value, except actions brought seeking relief incapable of valuation. - Rules for assessing the value of an action. Their relation to public policy. The effect thereof. - An actPleadings — Part One · Source page ٥٦٧
- Principle 1043Claims arising from a single cause. The value of the action is assessed at their aggregate value. - Assessment of the value of the action in relation to a threshold. Error of appeal. The determining consideration is the Pleadings — Part One · Source page ٥٦٧
- Principle 1044The original claim is what is taken into account in assessing the value of the action. Its meaning and the relevant consideration therein. - Amendment of the value of the action before the Court of First Instance to an aPleadings — Part One · Source page ٥٦٧
- Principle 1045The monetary jurisdiction of the Court of First Instance in personal status disputes and the final judgment therein. Its basis.Pleadings — Part One · Source page ٥٦٨
- Principle 1046Monetary jurisdiction of both the Summary Court and the Court of First Instance in civil and commercial matters. - Finality of the judgment rendered by either. The determining factor therein. The value of the action. - JPleadings — Part One · Source page ٥٦٨
- Principle 1047Assessment of the value of an action containing multiple claims. The criterion is the aggregate of the claims if they arise from a single cause. Their arising from multiple causes. Its effect. Assessment is based on the Pleadings — Part One · Source page ٥٦٨
- Principle 1048A judgment issued in disputes relating to maintenance. May be appealed irrespective of the value of the action. - Judgments issued in matters of inheritance, wills, endowments, and dower are final if their value does notPleadings — Part One · Source page ٥٦٨
- Principle 1049The judgment concluding that the appeal is inadmissible because the value falls below the threshold, without addressing the merits. The appellant's ground of challenge concerning the complaint's effect in interrupting liPleadings — Part One · Source page ٥٦٨
- Principle 1050Judgments issued by the court of first instance as final judgments may not be appealed unless the law provides otherwise, or they were issued contrary to an earlier judgment that had not acquired the force of res judicatPleadings — Part One · Source page ٥٦٨
- Principle 1051Judgments rendered in personal status matters. The general rule is that they are appealable regardless of the value of the dispute. The exception concerns matters relating to inheritance, wills, endowments and dower. A jPleadings — Part One · Source page ٥٦٩
- Principle 1052Actions incapable of valuation are, by their nature, incompatible with the possibility of valuation. Their value is presumed to exceed the final-instance monetary limit of the Summary Court. The basis for this. An examplPleadings — Part One · Source page ٥٦٩
- Principle 1054The legal event giving rise to the right to deferred dower is marriage, and to waiting-period maintenance and consolatory payment is divorce. The implication thereof. The legal cause of each is separate. The action's incPleadings — Part One · Source page ٥٦٩
- Principle 1055The monetary threshold for appeal. It is determined by the value of the relief sought in the action, not by the value of what the court awarded.Pleadings — Part One · Source page ٥٦٩
- Principle 1056Judgments issued by the court of first instance as final judgments may not be appealed. Judgments tainted by a procedural nullity affecting the judgment are excepted from that rule. - The final-jurisdiction threshold of Pleadings — Part One · Source page ٥٦٩
- Principle 1057Actions incapable of valuation. Deeming their value to exceed the non-appealable monetary limit of the Summary Court. The basis thereof. Their inclusion within the subject-matter jurisdiction of the Court of First InstanPleadings — Part One · Source page ٥٧٠
- Principle 1058Assessment of the value of the claims in an action. Its method: by considering their aggregate value where they arise from a single legal cause, and the value of each separately where they arise from different legal causPleadings — Part One · Source page ٥٧٠
- Principle 1059The Summary Court. Its jurisdiction to adjudicate at first instance civil and commercial actions whose value does not exceed 5,000 dinars, its judgment being final if the value does not exceed 1,000 dinars. - The Court oPleadings — Part One · Source page ٥٧٠
- Principle 1061Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the party against whom the arrest is effected, must contain a summons to appear before tPleadings — Part One · Source page ٥٧١
- Principle 1063The general rule is that an action has an ascertainable value, except actions brought for relief incapable of valuation. - Assessment of the value of an action containing multiple principal claims. It is based on their aPleadings — Part One · Source page ٥٧١
- Principle 1064The question of subject-matter or monetary jurisdiction. It is deemed always present in the proceedings and before the court of merits. The court must rule on it of its own motion even if it has not been raised before itPleadings — Part One · Source page ٥٧١
رابعاً: الاختصاص المحلي
Principle 1065Judgments issued by the Court of First Instance are appealable if the dispute is of unassessed value or its value exceeds one thousand dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended, ePleadings — Part One · Source page ٥٧١للدعوى
Principle 1066The distances between Kuwait's governorates are not great. Its implication. The legislature has not laid down rules for the territorial jurisdiction of the courts. Fifth: The condition that the preliminary issue fall outPleadings — Part One · Source page ٥٧٢- Principle 1067Staying an action pending determination of a dispute over a preliminary issue falling outside the court's functional or subject-matter jurisdiction. Assessment of the seriousness of the dispute requiring a stay. Within tPleadings — Part One · Source page ٥٧٢
سادساً: أثر مخالفة الحكم لقواعد الاختصاص
Principle 1068Staying an action pending determination of a preliminary issue. Its criterion: the preliminary issue necessary for judgment falls outside the court's jurisdiction. Sixth: The effect of a judgment's violation of the rulesPleadings — Part One · Source page ٥٧٢سابعاً: الحكم في الموضوع يتضمن قضاءً ضمنياً في الاختصاص
Principle 1069Violation of the rules of jurisdiction. Its effect. It renders the judgment tainted by an error in the application of the law, not void, and therefore it may not exceptionally be appealed. - 572 - Civil Procedure SeventhPleadings — Part One · Source page ٥٧٢- Principle 1070A first-instance judgment on the merits necessarily includes an implied ruling on jurisdiction. Acquisition by this implied ruling of the authority of res judicata. Its necessary consequence. The impermissibility of disrPleadings — Part One · Source page ٥٧٣
- Principle 1071A judgment rendered on the merits is considered to include an implicit ruling on jurisdiction. - The criterion for determining the courts' jurisdiction to render final judgments. Their adherence to the jurisdictional rulPleadings — Part One · Source page ٥٧٣
المختصة
Principle 1073The court to which the action is referred must comply with the referral judgment and hear the action referred to it, even if that judgment erred in applying the law, so long as it has not been challenged and no judgment Pleadings — Part One · Source page ٥٧٣- Principle 1074The challenged judgment's ruling that the Personal Status Court lacks jurisdiction to hear the action and referring it to the Civil Summary Court, which had previously ruled that it lacked jurisdiction and referred it toPleadings — Part One · Source page ٥٧٣
- Principle 1075Giving an action its correct legal characterisation. A duty of the court of merits in order to determine its jurisdiction. - The litigation whose conclusion is considered. It is the original litigation. A judgment declinPleadings — Part One · Source page ٥٧٤
- Principle 1076A judgment declining jurisdiction and referring the action on account of its type or value obliges the court to which the action is referred to determine it, even if the referral judgment erred in applying the law. - ThePleadings — Part One · Source page ٥٧٤
- Principle 1077The court's ruling that it lacks jurisdiction. It is not obliged to refer the action to another circuit or body unless it has ascertained, in accordance with the law, that jurisdiction is vested therein. Its determinatioPleadings — Part One · Source page ٥٧٤
- Principle 1078The court's ruling that it lacks subject-matter jurisdiction over the action. Requires it to refer the action to the competent court. A judgment's contravention of this. Renders it defective and requires its cassation.Pleadings — Part One · Source page ٥٧٤
تاسعاً: طبيعة الحكم بعدم الاختصاص والإحالة
Principle 1079A ruling of lack of jurisdiction by reason of the type or value of the action. An order referring it in its existing state to the competent court is mandatory. The obligation of the court to which it is referred to hear Pleadings — Part One · Source page ٥٧٤- Principle 1080A judgment declining subject-matter jurisdiction and ordering referral is a judgment that does not terminate the entire proceedings. It may not be appealed except together with an appeal against the judgment on the meritPleadings — Part One · Source page ٥٧٥
بسبب مخالفته لقواعد الاختصاص
Principle 1081A judgment declining subject-matter jurisdiction does not terminate the proceedings and does not fall within the exceptions. Tenth: The Court of Cassation's jurisdiction to designate the competent court when it quashes aPleadings — Part One · Source page ٥٧٥- Principle 1083Cassation of the judgment for violation of the rules of jurisdiction. Its effect. Confinement to determining the question of jurisdiction, with designation of the competent court where appropriate.Pleadings — Part One · Source page ٥٧٥
- Principle 1084Cassation of the judgment. Its necessary consequence: the Court of Cassation determines the merits. When it confines itself to deciding the question of jurisdiction. An example of confining itself to a ruling of lack of Pleadings — Part One · Source page
- Principle 1085In cassating a judgment for violating the rules of jurisdiction, the court confines itself to deciding the question of jurisdiction, designating the competent court where necessary.Pleadings — Part One · Source page
- Principle 1086Cassation of the challenged judgment for violating the rules of jurisdiction. Confined to deciding the question of jurisdiction, with designation of the court where necessary. An example. - 575 - ProcedurePleadings — Part One · Source page
- Principle 1087Cassation of a judgment for violating jurisdictional rules. Implication. The Court confines itself to deciding jurisdiction and designating the competent court where necessary.Pleadings — Part One · Source page
- Principle 1088Quashing a judgment for contravention of the rules of jurisdiction. Its effect. The Court of Cassation confines itself to deciding the issue of jurisdiction and designating the competent court.Pleadings — Part One · Source page