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. سريانه من حيث الزمان "الأثر الفوري"

    Principle 106The provisions of the Commercial Code or other legal provisions apply, rather than the provisions of the Real Estate Lease Law 35/1978, if the purpose of the contract is merely speculation to achieve a financial profit. Pleadings — Part One · Source page ٣٥٦
  2. Principle 107A letter of guarantee may be assigned by the beneficiary to a third party if the bank agrees thereto. This is subject exclusively to the rules of commercial law.Pleadings — Part One · Source page ٣٥٧
  3. Principle 108Amendment of the Court of First Instance's final-instance monetary threshold to five thousand dinars instead of one thousand dinars. Its coverage of all disputes, including labour disputes. This amendment applies with imPleadings — Part One · Source page ٣٥٧
  4. Principle 109Following the procedure for obtaining payment orders. Its becoming mandatory under Decree-Law 44 of 1989, effective on the day following the date of its publication on 23/7/1989, after having been optional. This concernsPleadings — Part One · Source page ٣٥٧
  5. Principle 110The provisions of the Commercial Law apply to all commercial acts undertaken by any person, even if not a merchant, and to contracts concluded by one of their parties in his capacity as a merchant. Example.Pleadings — Part One · Source page ٣٥٧
  6. Principle 112Retroactivity may only be established by a law in non-penal matters. The implication thereof. Administrative decisions apply only to what occurs from the date of their issuance by those empowered to issue them. An adminiPleadings — Part One · Source page ٣٥٧
  7. Principle 113Acquired rights. Whether their source is the law or a regulatory or individual administrative decision. They may not be impaired except by a law providing for retroactive effect. - Administrative decisions. Regulatory orPleadings — Part One · Source page ٣٥٧
  8. Principle 114External telephone communications provided by the State as a public utility. The consideration collected by the State for them. A fee. - An action claiming taxes and fees due to the State. Its limitation period is 3 yearPleadings — Part One · Source page ٣٥٨
  9. Principle 115The provisions governing warranty against eviction contained in the Civil Code. Their application to facts preceding the entry into force of its provisions is precluded. Reason therefor. Their lack of connection with pubPleadings — Part One · Source page ٣٥٨
  10. Principle 118Determination of the criteria and conditions on the basis of which the social allowance is granted to military personnel is governed by Minister of Defence Decision No. 13 of 1964. Subsequent laws and decisions are confiPleadings — Part One · Source page ٣٥٨
  11. Principle 119Offences of embezzlement of public funds and unlawful exaction committed before Law 1 of 1993 entered into force. They remain subject to the provisions concerning them in Articles 44, 45, 47 and 84 of Law 31 of 1970 amenPleadings — Part One · Source page ٣٥٩
  12. Principle 120The principle of non-retroactivity of laws. Its meaning. The exception. The provisions of the new law relate to public order. Example concerning the non-application of the Personal Status Law, insofar as it contains a nePleadings — Part One · Source page ٣٥٩
  13. Principle 121The general rule is that the new law does not apply to the past. The exception: the effects of transactions concluded under the authority of the old law. They remain subject to it unless the provisions of the new law relPleadings — Part One · Source page ٣٥٩
  14. Principle 122Determining whether or not a legal rule relates to public policy. A question of law subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. ThePleadings — Part One · Source page ٣٥٩
  15. Principle 123The new law applies to everything occurring from the date it comes into force unless otherwise provided. The effects of legal transactions remain subject to the law under which they were concluded, unless the provisions Pleadings — Part One · Source page ٣٥٩
  16. Principle 124Grounds based on public policy. The Court of Cassation may raise them of its own motion even if not included in the notice of appeal. Example concerning the non-application of the provisions of the new Commercial Law, rePleadings — Part One · Source page ٣٦٠
  17. Principle 125The effects of legal transactions are governed by the law under which they were concluded. The condition for this. - Interest may not be collected on a civil debt arising before Law No. 67/1980 entered into force. ContraPleadings — Part One · Source page ٣٦٠
  18. Principle 126Demanding tax from the taxpayer. When it arises and becomes payable. - Commencement of the income-tax limitation period under the former Commercial Code, without its period having elapsed by the entry into force of the nPleadings — Part One · Source page ٣٦٠
  19. Principle 127The new law applies immediately upon its entry into force to legal positions formed after its effectiveness and, with direct effect, to the future effects arising from previous legal positions. The exception. The effectsPleadings — Part One · Source page ٣٦٠
  20. Principle 128The general rule is that procedural legal rules apply with immediate effect to actions brought while they are in force, even if those actions arise from earlier facts. - The first-instance judgment’s determination of a pPleadings — Part One · Source page ٣٦١
  21. Principle 129Compensation of Kuwaiti workers employed by employers for work injuries and occupational diseases in accordance with the provisions of the Private Sector Labour Law, even if they have been insured, so long as no decree hPleadings — Part One · Source page ٣٦١
  22. Principle 130The general rule is that the law applies with immediate effect. - Contractual legal positions are governed by the old law under which the contract was concluded. Condition thereof: that the new law has not subjected thosPleadings — Part One · Source page ٣٦١
  23. Principle 131The State's purchase of debts under Law 41 of 1993. Its effect. Their transfer to it pursuant to an assignment of rights effective from the date the law comes into force, with their characteristics, accessories and actioPleadings — Part One · Source page ٣٦١
  24. Principle 132The provisions of a non-penal law apply to the past if it contains a special provision approved by a majority of the members of the National Assembly. The majority requirement. It is applicable only while parliamentary lPleadings — Part One · Source page ٣٦٢
  25. Principle 133The law does not apply to the past. It applies from its effective date. The scope thereof.Pleadings — Part One · Source page ٣٦٢
  26. Principle 134The new law does not apply to the past. Example concerning the amendment to the schedule of disability percentages in cases of work injuries and occupational diseases.Pleadings — Part One · Source page ٣٦٢
  27. Principle 135Provisions of laws. Their application to what occurs from the date they come into force. The effect of the new law may not extend to procedures that took place or situations that materialized before it came into force. -Pleadings — Part One · Source page ٣٦٢
  28. Principle 136Provisions of laws and ministerial decisions having equivalent force. The general rule is that they apply only to events occurring from their effective date and have no effect on events preceding them. - A work injury ocPleadings — Part One · Source page ٣٦٢
  29. Principle 137A gift preceding the promulgation of Amiri Decree 19/1959 concerning the Judicial Organization Law (former). It is subject to the rules prescribed in the Majalla of Judicial Rules, as the law under which the disposition Pleadings — Part One · Source page ٣٦٢
  30. Principle 138The criterion for being subject to legislation issued concerning transactions relating to company shares concluded on deferred terms is merely the issuance of cheques, bonds or other means of payment bearing a later datePleadings — Part One · Source page ٣٦٣
  31. Principle 139Laws relating to prescription. Their application from the time they enter into force. Its implication. The old law governs the period of prescription that ran under it, and the new law governs the period that runs under Pleadings — Part One · Source page ٣٦٣
  32. Principle 140Application of the provisions of the new law to legal positions predating it. Its condition.Pleadings — Part One · Source page ٣٦٣
  33. Principle 141Aerial photographs taken by the State. Conclusive evidence against all persons as to what they indicate. Courts are bound by what they disclose concerning the existence or absence of manifestations of possession in dispuPleadings — Part One · Source page ٣٦٣
  34. Principle 142Provisions of laws. Their application to legal positions occurring from the date of their entry into force, whether in their creation, production of effects or termination. Transactions concluded before that date. They rPleadings — Part One · Source page ٣٦٣
  35. Principle 143The new law. Its application from its effective date to legal positions formed after its entry into force - 363 - Procedure whether in their creation, production of effects or extinction. Unless the law provides otherwisPleadings — Part One · Source page ٣٦٣
  36. Principle 144Actions instituted pursuant to the provisions of Laws 18/1969 and 8/1980. Their admissibility. Its condition. That they be filed within one year from the date Law 33 of 2000 came into force. Reason therefor. Provisions oPleadings — Part One · Source page ٣٦٤
  37. Principle 145The new law. Its application to legal positions formed after its exhaustion. The exception. The effects of transactions concluded under the authority of the old law. They remain subject to it unless the provisions of thePleadings — Part One · Source page ٣٦٤
  38. Principle 146The general rule is that the new law applies to legal positions formed after its entry into force and to the future effects arising from previous legal positions. The exception: the effects of transactions concluded undePleadings — Part One · Source page ٣٦٤
  39. Principle 148The new law. Its non-application to the past. Its application from its commencement date to legal positions formed after its entry into force. The reason therefor. Example. - Establishment of filiation arising from a birPleadings — Part One · Source page ٣٦٥
  40. Principle 149Procedural laws. Their application to actions not adjudicated or procedures not completed before the date they come into force. Exception: provisions amending time limits. Its condition: commencement of the time limit bePleadings — Part One · Source page ٣٦٥
  41. Principle 150The new law. In principle, it does not apply to the past but applies from the date it takes effect to legal positions formed after its entry into force and to future effects arising from previous legal positions. ExceptiPleadings — Part One · Source page ٣٦٦
  42. Principle 151The new law. Its application immediately upon its entry into force to positions formed after it takes effect, whether in their creation, production of effects or termination. Its application to future effects arising froPleadings — Part One · Source page ٣٦٦
  43. Principle 152The new law. The general rule is that it does not apply to the past but to legal positions arising after its entry into force. The exception. - The World Trade Organization Agreement and the Intellectual Property AgreemePleadings — Part One · Source page ٣٦٦
  44. Principle 153Laws relating to prescription. Their application from their effective date to every prescription period not yet completed. The old law governs the portion of the prescription period that ran under it as regards determiniPleadings — Part One · Source page ٣٦٦
  45. Principle 155Laws relating to prescription. Their application, from the time they enter into force, to every prescription period not yet completed. The old law governs the portion of the prescription period that ran under it as regarPleadings — Part One · Source page ٣٦٧
  46. Principle 156State ownership of every ownerless immovable. Article 878 of the Civil Code. Its application to land which no individual had previously owned before the effective date of this Code by any means of acquiring ownership, inPleadings — Part One · Source page ٣٦٧
  47. Principle 157The new law. Its application upon commencement to legal positions formed after its entry into force, whether in their creation, their production of effects, or their termination. The fact that they are based on earlier fPleadings — Part One · Source page ٣٦٧
  48. Principle 158Provisions of laws. Their application to what occurs from the date they come into force. The effect of the new law may not extend to procedures that took place or situations that materialized before it came into force. RPleadings — Part One · Source page ٣٦٨
  49. Principle 159Obtaining a payment order to recover a debt established in writing. Mandatory. Law 44/1989 amending certain provisions of the Civil and Commercial Procedure Law. Its connection with litigation procedures and its applicatPleadings — Part One · Source page ٣٦٨
  50. Principle 160The new law applies immediately upon taking effect to legal positions formed after its entry into force and with immediate effect to the future effects arising from previous legal positions. Exception. The effects of traPleadings — Part One · Source page ٣٦٨
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