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. تفسير القانون

    Principle 332Saying that the expression “interested party” refers only to someone who was a party to the judgment sought to be enforced. This constitutes a departure from the correct meaning of the wording of the provision. The judgmPleadings — Part One · Source page ٤٠٥
  2. Principle 333The bankruptcy of companies of all types, except undisclosed partnerships, is generally subject to all the rules applicable to the bankruptcy of individual traders. However, the legislature has prescribed certain specialPleadings — Part One · Source page ٤٠٦
  3. Principle 334The content of a legislative provision is not confined to the meaning indicated by its words and expressions in themselves. It also encompasses the meaning derived from its spirit. Article 1/1, Civil Code. - The contractPleadings — Part One · Source page ٤٠٦
  4. Principle 335The legislature's guiding consideration in amending Articles 61, 62 of the Commercial Law. It is the State of Kuwait's accession to the World Trade Organization Agreement o .T .W pursuant to Law No. 81 of 1995. Its imporPleadings — Part One · Source page ٤٠٦
  5. Principle 336Clear and manifest provisions of law. It is impermissible to adopt anything contradicting or restricting them. The reason therefor. There is no room to inquire into the rationale and reasons for legislation except where Pleadings — Part One · Source page ٤٠٦
  6. Principle 337The provision in Article 1 of Law No. 35 of 1978. Its import: contracts containing substantial terms unusual in ordinary leases fall outside the scope of application of this Law. The provisions of the Commercial Code or Pleadings — Part One · Source page ٤٠٦
  7. Principle 338Endorsement of a bill of exchange or cheque. Its effect. - The rule that endorsement purges the negotiable-instrument obligation of grounds that may attach to it and lead to its rescission or invalidity - 406 - Civil andPleadings — Part One · Source page ٤٠٦
  8. Principle 339Entitlement to diya or part thereof does not preclude compensation for another injury in itself, provided that their subject matter is not the same. The reason: each independent injury carries an independent diya or compPleadings — Part One · Source page ٤٠٧
  9. Principle 340The judge's refraining from issuing a payment order. Its implication: scheduling a hearing before the competent court as an originating action. Its cases: the creditor applies for a payment order outside the cases in whiPleadings — Part One · Source page ٤٠٧
  10. Principle 341Loans granted by banks. A commercial act by its nature, whether or not the borrower is a merchant and whether they are spent on commercial or civil activities; the bank is entitled to default interest on them whenever thPleadings — Part One · Source page ٤٠٧
  11. Principle 342The presumption that every obligation has a lawful cause, even if it is not mentioned in the instrument of indebtedness, unless evidence to the contrary is established. Article 177, Civil Code. Whoever alleges the absencPleadings — Part One · Source page ٤٠٨
  12. Principle 343The direct actor's liability to compensate for personal injury. The condition for its establishment: where the act personally performed by that actor itself brought about the harm and caused it without an intermediary. WPleadings — Part One · Source page ٤٠٨
  13. Principle 344It is impermissible to disregard a special law in order to apply the general law except as to rules omitted from the special law. The reason: the special law is an exception to the general law that limits the generality Pleadings — Part One · Source page ٤٠٨
  14. Principle 345The legislature’s designation of a particular point for the diligent creditor which, once reached by the enforcement proceedings he pursues, closes to other creditors—who have neither attached nor been deemed parties to Pleadings — Part One · Source page ٤٠٨
  15. Principle 346The rule that there is no estate until debts have been paid. Its implication: that the estate remains encumbered, immediately upon death, by the deceased's debts and obligations, so that his creditors are entitled to purPleadings — Part One · Source page ٤٠٩
  16. Principle 347The challenged judgment’s rejection of the plea that the maternal grandmother’s right to bring the action seeking custody had lapsed because more than a year had elapsed from the date she learned of her daughter’s marriaPleadings — Part One · Source page ٤٠٩
  17. Principle 348A statutory text. Where it is general, express, and conclusive as to its intended meaning. There is no room to restrict, qualify, or interpret it. The rationale: avoiding the creation of a different rule not provided by Pleadings — Part One · Source page ٤٠٩
  18. Principle 349A clear provision, plain in meaning and conclusive in import. There is no room to depart from it or construe it. The reason therefor: interpretation is undertaken only where the provision is ambiguous. - The challenged jPleadings — Part One · Source page ٤٠٩
  19. Principle 350Clear and unambiguous statutory provisions. It is impermissible to adopt anything contrary to them or to restrict them. The reason: to avoid introducing a rule differing from the legislator's intent. - 409 - Procedure. -Pleadings — Part One · Source page ٤٠٩
  20. Principle 351The judge must refer to the statutory provision and apply it to the facts of the action within the limits of the provision's wording. It is impermissible to adopt anything contrary to it or restrict it if it is clear. RePleadings — Part One · Source page ٤١٠
  21. Principle 352Establishment that the appellant—the father—is the natural guardian over his daughter's person and property because she has not reached the age of legal capacity. Its implication. He alone has the right to receive paymenPleadings — Part One · Source page ٤١٠
  22. Principle 353Analogy is attaching a matter for which no rule is stipulated to another matter for which a rule is stipulated because they share the operative rationale of the rule. The female custodian's travel with the child in custoPleadings — Part One · Source page ٤١٠
  23. Principle 354Clear and manifest provisions of law. It is impermissible to adopt anything contradicting or restricting them, as that would create, through interpretation, a rule differing from the legislator's intent. - Inquiry into tPleadings — Part One · Source page ٤١١
  24. Principle 355Prescription as a ground for extinguishing personal rights that have remained unsatisfied for a period of time. Its adoption by the legislature. Its reasons. Respect for settled situations or reliance on a presumption ofPleadings — Part One · Source page ٤١١
  25. Principle 356The wording of the provision is clear in meaning. It is impermissible to adopt anything that contradicts, restricts or adds to it. The reason therefor. - Inquiry into the rationale and reasons for legislation. ImpermissiPleadings — Part One · Source page ٤١١
  26. Principle 357The wording of the legal provision applicable to the facts of the case. The judge must apply it if it is clear in meaning. It is impermissible for him to adopt anything contradicting or restricting it. The reason therefoPleadings — Part One · Source page ٤١٢
  27. Principle 358The judge must refer to the statutory provision governing the dispute in the action. - Statutory provisions whose meaning is clear. It is impermissible to adopt what contradicts them, restrict them, add to them, or deparPleadings — Part One · Source page ٤١٢
  28. Principle 360Ambiguity or uncertainty in the text. The judge may ascertain the correct rule by examining the rationale and purpose of the legislation. - The issuance of a Civil Service Council decision granting researchers, specialisPleadings — Part One · Source page ٤١٣

  29. تعلق بعض أحكام القانون بالنظام العام

    Principle 366Determining 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. ThPleadings — Part One · Source page ٤١٤
  30. Principle 367The provisions of the Labour Law relating to workers' rights in the private sector. Matters of public policy; agreement to contravene them is therefore impermissible unless it secures a benefit for the worker.Pleadings — Part One · Source page ٤١٥
  31. Principle 368The rights conferred on the worker by the provisions of the Labour Law are matters of public policy. No agreement to contravene them is permissible unless such contravention results in a greater benefit or advantage for Pleadings — Part One · Source page ٤١٥
  32. Principle 369The objection that proof by witness testimony is inadmissible in circumstances requiring proof in writing. It is not a matter of public policy. The implication. It must be raised before hearing witness testimony begins; Pleadings — Part One · Source page ٤١٥
  33. Principle 370Benefiting from Law 41 of 1993 concerning the State's purchase of certain debts. Its condition: the customer's notarization of an acknowledgment of the amount of the indebtedness according to the outstanding balance on 1Pleadings — Part One · Source page ٤١٥
  34. Principle 372A legal rule concerning public policy is one intended to achieve a public political, social or economic interest connected with society's supreme interests and overriding individuals' interests. Its classification among Pleadings — Part One · Source page ٤١٦
  35. Principle 373No recourse is to be had to the provisions of the general law where a special law exists, except regarding provisions omitted by the special law. The reason: it is impermissible to disregard the special law to apply the Pleadings — Part One · Source page ٤١٦

  36. التعارض بين اللوائح والقوانين

    Principle 374The new law applies immediately upon coming into operation to legal positions formed after its entry into force, and with direct effect to future effects arising from pre-existing legal positions. The exception. The effePleadings — Part One · Source page ٤١٦

  37. في المسائل الإجرائية

    Principle 375Disputes falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. Their nature. - Jurisdiction of the Constitutional Court. Its limitation to adjudicating the constitutionality of lawPleadings — Part One · Source page ٤١٧
  38. Principle 376The imposition by a civil court, in an administrative dispute, of the sanction of deeming an action never to have been brought for failure to serve it pursuant to Article 49 of the Code of Procedure does not render its jPleadings — Part One · Source page ٤١٧
  39. Principle 377Judgments rendered by the court of first instance as final judgments. The rule is that they may not be appealed unless the law provides otherwise, or they were rendered contrary to an earlier judgment that has not acquirPleadings — Part One · Source page ٤١٧
  40. Principle 378Recourse to the general law where a special law exists. Its criterion. - Signature of the statement of appeal by a lawyer. An essential procedure. Its rationale. Failure thereof. Its effect. Nullity of the statement. ArtPleadings — Part One · Source page ٤١٨
  41. Principle 379The State of Kuwait's accession, with a reservation, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards drawn up in New York. Its effect: its provisions become a law of the State. The judge'sPleadings — Part One · Source page ٤١٨
  42. Principle 380The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding force of an arbitral award and orders itPleadings — Part One · Source page ٤١٨
  43. Principle 381Recourse to the provisions of the general law where a special law exists. Its criterion. - The misdemeanour of insult by publication. The criminal action and the compensation action arising therefrom must be brought withPleadings — Part One · Source page ٤١٨
  44. Principle 382The existence of a special law. Its necessary consequence. No recourse to the provisions of the general law except in matters not regulated by the special law. - Assessment of a lawyer’s fees for non-judicial work where Pleadings — Part One · Source page ٤١٩
  45. Principle 383The judge’s ratification of a settlement. A purely non-contentious judicial act. Its exclusion from the scope of judicial judgments. The reason for this. - Recourse to the Court of First Instance for an order enforcing jPleadings — Part One · Source page ٤١٩
  46. Principle 384Rules governing challenges to judgments. Their subjection to the law of the country in which the action is brought and the proceedings are conducted. The effect of this. The law of the judge before whom the dispute is brPleadings — Part One · Source page ٤١٩
  47. Principle 385Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is rendered not solely in favor of the creditor requesting it, but in the interest of all creditors, even if they wePleadings — Part One · Source page
  48. Principle 386Recourse to the provisions of the general law. Permissible only in matters not regulated by the special law. - Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arresPleadings — Part One · Source page
  49. Principle 387Correct application of the law. It does not require a request from the litigants. Reason: the judge must seek out the legal rule applicable to the facts and apply it, whatever statutory provision the litigants relied upoPleadings — Part One · Source page
  50. Principle 388Judgments rendered 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,Pleadings — Part One · Source page
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