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. في مسائل الأحوال الشخصية(*)

    Principle 443Application of the law of the father's nationality in the country of guardianship over the person and in custody. Article 43 of Law 5 of 1961. Establishment that the husband is a Saudi national. Its necessary consequencePleadings — Part One · Source page ٤٣١
  2. Principle 444The law of the husband's nationality. Its application to matters of guardianship over the person and custody. The basis thereof. Reliance on foreign law. A matter of fact. Proof thereof must be adduced before the court oPleadings — Part One · Source page ٤٣٢
  3. Principle 445Women's custody under Syrian law ends when the boy reaches the age of nine and the girl the age of eleven. They are then placed with their father until the age of majority or the girl's marriage. If the natural guardian Pleadings — Part One · Source page ٤٣٢
  4. Principle 446Disputes concerning divorce, judicial divorce and separation. Their subjection to the law of the last common nationality acquired by the spouses during and before divorce or before the institution of the action for judicPleadings — Part One · Source page ٤٣٢
  5. Principle 447The law of the father's nationality applies to guardianship over the person and custody. Article 43–Law 5 of 1961 concerning the Regulation of Legal Relationships Involving a Foreign Element. - 432 - Civil Procedure - ThPleadings — Part One · Source page ٤٣٢
  6. Principle 448The law of the husband’s nationality. Recourse thereto at the time the contract is concluded regarding the effects arising from marriage and divorce or judicial divorce. Articles 39, 40 of Law 5 of 1961. No disagreement Pleadings — Part One · Source page ٤٣٣
  7. Principle 449The law applicable in a divorce action. It is the law of the last nationality acquired by the spouses during marriage and before divorce or before bringing the action for it. Absence of a common nationality. Its effect. Pleadings — Part One · Source page ٤٣٣
  8. Principle 450Rules of the Ja'fari school. They must be applied if both parties are adherents thereof. Their differing in school, even if one of them is Ja'fari. Its necessary consequence. Application of Law 51 of 1984. - Matters relaPleadings — Part One · Source page ٤٣٣
  9. Principle 451Both parties to the dispute belonging to the Ja'fari school. Its effect: its rules must be applied. - A bequest under the Ja'fari school. Permissible in favour of an heir within the limit of one-third, without being contPleadings — Part One · Source page ٤٣٤
  10. Principle 452Matrimonial effects are everything the spouses furnish for use in the matrimonial home. Their dispute over them. Whatever is suitable for either spouse. It shall be awarded to that spouse upon taking an oath. SuitabilityPleadings — Part One · Source page ٤٣٤
  11. Principle 453Matrimonial household effects are everything brought by both spouses together or by either of them that is required for use in the matrimonial home by either or both of them. Disputes over these effects. Their inclusion Pleadings — Part One · Source page ٤٣٤
  12. Principle 454The general law is the general body of law whose provisions govern all transactions of those addressed by it. Replacement of some of its provisions by special legislation while the special legislation exists. Its effect.Pleadings — Part One · Source page ٤٣٤
  13. Principle 455The law of the father's nationality. Its application to guardianship of the person and custody. The maintenance obligation between relatives and relatives by marriage. Application of the law of the person liable for it. Pleadings — Part One · Source page ٤٣٥
  14. Principle 456The law of the father's nationality. Its application to actions concerning guardianship over the person and custody. The respondent being a Lebanese national. The Lebanese Family Law must be applied. Article 43 of Law 5/Pleadings — Part One · Source page ٤٣٥
  15. Principle 457Application of the rules of the Ja'fari school. Its condition. Both parties must be adherents thereof. Absence of disagreement between the parties that they are Ja'fari. Its effect. Application of their school to the actPleadings — Part One · Source page ٤٣٥
  16. Principle 458A settlement contract in Ja‘fari jurisprudence. Inherently binding and may be dissolved only by the mutual consent of the settling parties or by rescission by whichever of them has the right of rescission under the settlPleadings — Part One · Source page ٤٣٥
  17. Principle 459The Personal Status Law alone must be applied in matters of marriage, as a special law. An offer by the wife's guardian and acceptance by the husband, or by their respective substitutes, suffice for the conclusion of marPleadings — Part One · Source page ٤٣٦
  18. Principle 460Law No. 51 of 1984 concerning Personal Status includes regulation of capacity to marry. Necessary consequence. It is the applicable law. Its implication. There is no room to apply the Civil Code provisions concerning capPleadings — Part One · Source page ٤٣٦
  19. Principle 461The preponderant opinion in the jurisprudence of the school of Imam Malik must be applied to matters for which no ruling is provided in Law 51 of 1984.Pleadings — Part One · Source page ٤٣٦
  20. Principle 462Failure to address a material defence raised by a party. Deficiency. - A gift is subject to the donor’s nationality at the time of the gift. The extent of the gift’s effectiveness against the heirs and the amount that maPleadings — Part One · Source page ٤٣٦
  21. Principle 463A gift taking effect after the donor's death under the Lebanese Code of Obligations and Contracts. Its inclusion within the concept of a testamentary disposition. Its permissibility only within the limit of one-third of Pleadings — Part One · Source page ٤٣٧
  22. Principle 464The parties to the dispute belonging to different schools. Its effect. Application to the action of Kuwaiti Law 51 of 1984 concerning Personal Status, rather than the jurisprudence of the Ja'fari school. The implication Pleadings — Part One · Source page ٤٣٧
  23. Principle 465The law of the husband's nationality at the time the marriage was contracted. Recourse thereto regarding the effects arising from marriage, such as the permissibility of marital relations, obedience, dower, maintenance aPleadings — Part One · Source page ٤٣٧

  24. في مسائل الإثبات

    Principle 467The absence from the Personal Status Law of a specification of the requisite number of witnesses in matters concerning marital obedience. Its effect. Recourse to the school of Imam Malik, which specifies two men as the rPleadings — Part One · Source page ٤٣٨

  25. في المسائل المدنية والتجارية

    Principle 468The spouses’ affiliation with the Ja‘fari school. Its effect. Its provisions apply to them, including the rules of evidence. Statements by the wife living in the husband’s home that he does not maintain her. Are not accePleadings — Part One · Source page ٤٣٨
  26. Principle 469Activities relating to insurance of its various types. Commercial activities. The effect thereof: the provisions of the Commercial Code apply to them.Pleadings — Part One · Source page ٤٣٨
  27. Principle 470Application of the provisions of the Commercial Code to the administrative authority's obligations arising from an administrative contract whenever it is considered commercial in relation to the other party.Pleadings — Part One · Source page ٤٣٨
  28. Principle 471The Companies Law. Its scope of application. The incorporation, management and dissolution of companies. Companies' conduct of their activities. Its subjection to the provisions of the Commercial Law. - 438 - Civil ProcePleadings — Part One · Source page ٤٣٨
  29. Principle 472A request to remove a partner and substitute another in his place in a dispute arising from performance of a partnership contract containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affPleadings — Part One · Source page ٤٣٩
  30. Principle 473The judgment's application of the provisions of the Civil Code although the law governing the facts is the Majalla of Judicial Provisions. This vitiates it and requires its cassation. Example.Pleadings — Part One · Source page ٤٣٩
  31. Principle 474Recourse to the school of Imam Malik to apply its rules to a particular dispute. Its criterion. - Application of the provisions of the Majalla of Judicial Rules to civil disputes until the promulgation of the Civil Code.Pleadings — Part One · Source page ٤٣٩
  32. Principle 475The State's private property. Its subjection to the rules of private law, in the same manner as individuals. - Transfer of ownership of a government house to those to whom it was allocated. Its effect: any co-owner in coPleadings — Part One · Source page ٤٣٩
  33. Principle 476Commercial obligations and contracts are governed by the Civil Code in matters for which no provision appears in the Commercial Law. Example concerning recurring periodic rights.Pleadings — Part One · Source page ٤٣٩
  34. Principle 477The Civil Code is the general law for everything not provided for in the Commercial Law and its supplementary legislation. Example concerning the provisions governing suspension of limitation. - 439 - ProceduresPleadings — Part One · Source page ٤٣٩
  35. Principle 478A contract being commercial in respect of one contracting party but not the other entails application of the provisions of the Commercial Code to the other contracting party’s obligations arising from that contract.Pleadings — Part One · Source page ٤٤٠
  36. Principle 479Application of the provisions of the Commercial Law to the administrative authority’s obligations arising from an administrative contract whenever it is considered commercial in relation to the other party.Pleadings — Part One · Source page ٤٤٠
  37. Principle 480The Commercial Law applies to traders and to all commercial acts performed by any person, even if not a trader.Pleadings — Part One · Source page ٤٤٠
  38. Principle 481Application of the provisions of the Commercial Code to merchants and to all commercial acts undertaken by any person, even if not a merchant. When the purchase of land or real property is considered a commercial act andPleadings — Part One · Source page ٤٤٠
  39. Principle 482The appellants' insistence that the land in dispute constitutes private property. Its implication: criticism of the challenged judgment for failing to apply the provisions of Decree-Law 58 of 2001, which recognized possePleadings — Part One · Source page ٤٤٠
  40. Principle 483Transfer of debt. Its nature. An agreement to transfer a debt from the liability of the original debtor to that of a new debtor, whereby the former's liability is discharged once the latter approves it or is a party to iPleadings — Part One · Source page ٤٤٠
  41. Principle 485The absence in Law 41 of 1993 of a provision concerning the declaration of bankruptcy of a deceased customer. Its necessary consequence. Recourse to Article 562 of the Commercial Law.Pleadings — Part One · Source page ٤٤١
  42. Principle 486The court's application of the provisions of the Majalla of Judicial Rules as governing the dispute, and its correction of the challenged judgment on that basis. The grounds of appeal being directed at the judgment's reaPleadings — Part One · Source page ٤٤١
  43. Principle 487Member States of the World Trade Organization. They may defer application of the provisions of that Agreement for a period of 5 years from its effective date in respect of them. This period may be extended until the StatPleadings — Part One · Source page ٤٤١
  44. Principle 488A contract being commercial for one of its parties but not the other. Its effect. The provisions of the Commercial Law apply to the other contracting party's obligations arising from the contract unless a provision stipuPleadings — Part One · Source page ٤٤١
  45. Principle 489The trial court. Its obligation, of its own motion, to ascertain the legal rules applicable to the facts of the case. An example.Pleadings — Part One · Source page ٤٤٢
  46. Principle 490Conclusion of the sale contract before the date the Civil Code came into effect. Its effect. Its provisions do not apply to future effects, including rescission for the seller's lack of ownership of the thing sold and inPleadings — Part One · Source page ٤٤٢
  47. Principle 491Relationships involving a foreign element in which the contracting parties have different domiciles. The law of the state in which the contract was concluded applies to the contract unless the parties agree otherwise.Pleadings — Part One · Source page
  48. Principle 492The absence in Decree 3 of 1955 concerning Kuwaiti Income Tax and its amendments of regulation of the provisions governing tax limitation periods. Its effect. Recourse in their regard to the provisions of the Civil Code Pleadings — Part One · Source page
  49. Principle 493The lawyer's relationship with his client. The agency provisions stipulated in the Civil Code apply thereto. - Law 42 of 1964 concerning the regulation of the legal profession not regulating the ways in which a lawyer's Pleadings — Part One · Source page
  50. Principle 494Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) under Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization under Law No. 2 of 1998. Its import. - 4Pleadings — Part One · Source page
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