المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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  1. Principle 1Interest is the criterion for a plea, just as it is the criterion for an action. - A plea that an action is inadmissible because it was brought by a person lacking legal capacity. It is inadmissible whenever the defect aPleadings — Part Two · Source page ٥
  2. Principle 2A grievance against an order assessing judicial fees is brought by petition, not by a declaration at the court registry. Contravention of that results in nullity relating to public order.Pleadings — Part Two · Source page ٥
  3. Principle 3Fees due to a lawyer for other work, not for a case heard by the court. The procedures for claiming them shall be by an ordinary action adjudicated urgently.Pleadings — Part Two · Source page ٥
  4. Principle 4The ordinary method of instituting an action is to deposit its statement of claim with the court registry. Its effect. Commencement of proceedings. The proceedings remain pending until the adversarial principle is fulfilPleadings — Part Two · Source page ٥
  5. Principle 5Transactions concerning company shares concluded on deferred terms that have not been registered. Inadmissibility of any action, claim or complaint concerning them before judicial, arbitral or investigative bodies beforePleadings — Part Two · Source page ٥
  6. Principle 6Service of the statement of claim is a condition for constitution of the proceedings. Contravention thereof. Its effect. Extinction of the proceedings and invalidity of the judgment - 5 - Civil Procedure, and the court sPleadings — Part Two · Source page ٥
  7. Principle 7Issuance of a judgment concerning a joint and several obligation. Its effect. Judgment debtors who have missed the time limit for challenging it or accepted it may challenge it while a timely challenge brought by one of Pleadings — Part Two · Source page ٦
  8. Principle 9An action is deemed brought and produces the effects of a judicial claim from the date its statement of claim is submitted to the Registry, irrespective of the date of its service. Example concerning the accrual of interPleadings — Part Two · Source page ٦
  9. Principle 10The appellant must deposit the security for the cassation appeal and then lodge his originating pleading with the court registry, attaching evidence of the security deposit. The registry must therein the appeal in the rePleadings — Part Two · Source page ٦
  10. Principle 11Time limits for challenging judgments run from the date of their rendition. Exception. Judgments of whose rendition the judgment debtor's knowledge was presumed: the time limits run only from the date of their service. -Pleadings — Part Two · Source page ٦
  11. Principle 12Failure to notify the litigant of the expert's filing of his report and of the date of the hearing fixed for considering the action, and his failure to attend that hearing or submit a memorandum of his defence. Its effecPleadings — Part Two · Source page ٦
  12. Principle 13Judicial documents, including a petition for cassation signed by the supervisor of the Office for the Liquidation of Forward Share Transactions and by those office employees whom he authorizes. Valid.Pleadings — Part Two · Source page ٧
  13. Principle 14Assessment of lawyers' fees in the absence of a written agreement is by obtaining an assessment order from the court that heard the case. One of the litigation procedures relating to public policy. Resorting to the ordinPleadings — Part Two · Source page ٧
  14. Principle 15The consignee's receipt of the goods from the carrier without reservation. Its effect. Forfeiture of his right of recourse against the carrier. What protects this right from forfeiture: recording the condition of the gooPleadings — Part Two · Source page ٧
  15. Principle 16The procedure for instituting an action is completed by submitting its statement to the registry. Its effect. The effects of a judicial demand arise. - The procedure for service of the statement is independent thereof anPleadings — Part Two · Source page ٧
  16. Principle 17No domicile being specified for the person to be served within Kuwait and abroad. Validity of service upon that person through the Public Prosecution and calculation of the time limit for appeal from that date.Pleadings — Part Two · Source page ٧
  17. Principle 18Reduction of lawyer's fees by the court. The two factors that must be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for seeking it. An action brought by the client or a plPleadings — Part Two · Source page ٧
  18. Principle 19Creation of a commercial instrument as a means of payment. Its effect: an obligation under negotiable-instruments law arises alongside the original obligation. Its consequence. The creditor has the option of proceeding aPleadings — Part Two · Source page ٧
  19. Principle 20Interest is the prerequisite for an action. Its implication. Inadmissibility of any claim or plea in which its proponent has no existing interest recognised by law. An example of absence of interest after the judgment ruPleadings — Part Two · Source page ٨
  20. Principle 21Legal personality ceases upon the death of a natural person. - Proceedings can exist only between living persons; otherwise, they are nonexistent. The effect of this.Pleadings — Part Two · Source page ٨
  21. Principle 22Reduction of lawyers' fees by the court. The two elements that must be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for claiming it. An action brought by the client or a Pleadings — Part Two · Source page ٨
  22. Principle 23The two elements of the creation of a legal person. Article 18, Civil Code. - The inclusion of multiple individual activities within the patrimony of a natural person. Its effect. He may sue and be sued in respect of thePleadings — Part Two · Source page ٨
  23. Principle 24The rule for determining the commencement of time limits of all types is that the day on which the event deemed by law to set the time limit running occurs is not counted; rather, the time limit begins on the following dPleadings — Part Two · Source page ٨
  24. Principle 25Companies jointly owned by Kuwaitis and non-Kuwaitis. The legislature’s departure from the general rules concerning the bringing, registration, service and hearing of the action and appeals therein. Service may be delivePleadings — Part Two · Source page ٨
  25. Principle 26Signature of the appeal petition by a lawyer. An essential procedural requirement. Its rationale. Failure to comply. Its effect. Nullity of the petition. Article 18, Law 42 of 1964. This does not conflict with the provisPleadings — Part Two · Source page ٩
  26. Principle 27Capacity to litigate. Its criterion. - Achievement of the purpose of the void procedure through the availability of adversarial confrontation between the litigants. Its effect.Pleadings — Part Two · Source page ٩
  27. Principle 28Filing a grievance against an order assessing judicial fees within the prescribed time limit. Its prerequisite: a dispute concerning the amount of the fee. - A dispute concerning the basis of the obligation to pay the fePleadings — Part Two · Source page ٩
  28. Principle 29Objection to the seizure of things necessary for the investigation or determination of the incident. Its avenue: lodging a grievance with the president of the Court of First Instance or his substitute. Departing from thaPleadings — Part Two · Source page ٩
  29. Principle 30The litigation in an action. Its existence begins with the filing of the statement of claim and is conditional upon its valid service. Failure of that condition up to issuance of the first-instance judgment. Its effect. Pleadings — Part Two · Source page ٩
  30. Principle 31Commencement of proceedings. Its criterion. Their constitution by service of the originating pleading. The reason: fulfillment of the adversarial principle. Fulfillment of adversarial participation without service. SuffiPleadings — Part Two · Source page ٩
  31. Principle 32The supervisor of the Office for the Liquidation of Positions Arising from Forward Share Transactions, or those whom he authorizes. Empowered to represent the Office in all cases, whether brought by or against it, and alPleadings — Part Two · Source page ١٠
  32. Principle 33Proceedings commencing with the filing of the statement of claim with the Registry remain conditional upon its valid service on the defendant. Failure to fulfil this condition up to issuance of the first-instance judgmenPleadings — Part Two · Source page ١٠
  33. Principle 34A party may request the court that issued the judgment to interpret it whenever its operative part is affected by ambiguity or obscurity. The method: by an application submitted through the ordinary procedures for institPleadings — Part Two · Source page ١٠
  34. Principle 36A dispute over the amount of judicial fees. Its difference from a dispute over the basis, extent and discharge of the obligation to pay them. The former is by a grievance before the process server or by a declaration at Pleadings — Part Two · Source page ١٠
  35. Principle 37The ordinary method of bringing an action is to deposit its statement of claim. Constitution of the proceedings. Its requirement. Service of the statement of claim. The parties' confrontation at the hearing dispenses witPleadings — Part Two · Source page ١٠
  36. Principle 38Certain dispositions by the guardian of a minor's property. Court authorization therefor is necessary. Article 137, Civil Code. Example. - The right of recourse to the courts is exercised by an action. Exception. ProvisiPleadings — Part Two · Source page ١١
  37. Principle 39The right of litigation. Guaranteed to all people. The requirements necessary for exercising that right are prescribed by law. Article 166 of the Constitution.Pleadings — Part Two · Source page ١١
  38. Principle 40Capacity to litigate. It is established for natural persons and legal persons. - How a legal person comes into being through its substantive and formal elements. The law's failure to recognize such personality for any coPleadings — Part Two · Source page ١١
  39. Principle 41Submission of the statement of claim or application to the court. Is the event giving rise to the right to collect judicial fees due to the Public Treasury. The claimant's liability for these fees once the court is seisePleadings — Part Two · Source page ١١
  40. Principle 42The requirement of interest in the action. It must exist at the outset and continue until a final judgment is rendered in the action. - Examination of the conditions for admissibility and continuation of an administrativPleadings — Part Two · Source page ١١
  41. Principle 43Recourse to the courts. A general right vested in everyone. The courts possess general judicial jurisdiction unless the Constitution or the law exceptionally provides for the jurisdiction of another body. The exception mPleadings — Part Two · Source page ١٢
  42. Principle 44Litigation is unaffected by a change in the representative of a legal person. The basis for that: the intended party to the litigation is the legal person itself, not its representative. The reason for that: a change in Pleadings — Part Two · Source page ١٢
  43. Principle 45The ordinary judiciary is the default holder of judicial jurisdiction. Anything else is an exception that may not go beyond the sphere defined for its jurisdiction by the law conferring it. The determining factor in idenPleadings — Part Two · Source page ١٢
  44. Principle 46Capacity to litigate. A necessary condition for the validity of proceedings. It is established only for a natural or juridical person. A sole proprietorship is not a juridical person. Its owner is the person with standinPleadings — Part Two · Source page ١٢
  45. Principle 47A litigant's capacity to litigate. Its criterion. The establishment of legal personality for him, whether a natural or - 12 - Civil Procedure legal person. Its implication. It is not a condition for admissibility of the Pleadings — Part Two · Source page ١٢
  46. Principle 48Commencement of the time limit for challenging a judgment from the date of its issuance. The judgment debtor's failure to attend all hearings scheduled for consideration of the action and failure to submit a memorandum oPleadings — Part Two · Source page ١٣
  47. Principle 49Valid constitution of litigation. Its condition. It must be instituted through valid procedures and the litigant must have capacity to litigate. This must be satisfied at all stages of the action. The reason for that. NuPleadings — Part Two · Source page ١٣
  48. Principle 50Applications relating to lineage and correction of names—except matters within the competence of the Births and Deaths Committee—must, before being submitted to the judiciary, be submitted to the committee prescribed in Pleadings — Part Two · Source page ١٣
  49. Principle 51The prescribed time limit for bringing an annulment action is sixty days. The day of service or of the occurrence deemed by law to trigger the time limit is not counted within this period. The time limit expires upon thePleadings — Part Two · Source page ١٤
  50. Principle 52Certain knowledge of an administrative decision, from which the time limits for challenging it by annulment begin to run, is complete and comprehensive knowledge of all its elements. Reason therefor: so that the person cPleadings — Part Two · Source page ١٤
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