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. إعذار المدين

    Principle 562The guarantor may request his discharge if the creditor fails to take proceedings against the debtor within three months from the date of the guarantor's notice to him, unless the debtor provides the guarantor with suffiPleadings — Part Two · Source page ١١٤
  2. Principle 563Failure by one contracting party in contracts binding on both parties to perform his obligation when it falls due permits the other contracting party, after giving him formal notice, to ask the judge to rescind the contrPleadings — Part Two · Source page ١١٤
  3. Principle 564Bringing an action seeking rescission is deemed to include formal notice to the defendant. Example.Pleadings — Part Two · Source page ١١٤
  4. Principle 565In contracts binding on both parties, if one contracting party fails to perform his obligation when it falls due, the other contracting party may, after serving notice on him, request the judge to rescind the contract. APleadings — Part Two · Source page ١١٤
  5. Principle 566Failure by one contracting party in a contract binding on both parties to discharge his obligation when it falls due permits the other contracting party, after formally notifying him, to request the judge to rescind the Pleadings — Part Two · Source page ١١٤
  6. Principle 567Bringing an action seeking rescission is considered to include formal notice to the debtor to perform his obligation.Pleadings — Part Two · Source page ١١٤
  7. Principle 568The creditor's serving formal notice on the debtor. Necessary for the creditor's entitlement to compensation for the debtor's delay in performing his obligation. Impossibility of performing the obligation or the futilityPleadings — Part Two · Source page ١١٤
  8. Principle 569Contracts binding on both parties. Failure by one contracting party to perform his obligation when it falls due. Its effect. The other contracting party may, after giving him formal notice, seek rescission of the contracPleadings — Part Two · Source page ١١٤
  9. Principle 570Failure by one contracting party, in contracts binding on both parties, to perform its obligation when due. Its effect. The other contracting party may request the judge to rescind the contract after formally putting thePleadings — Part Two · Source page ١١٥

  10. أمر حجز

    Principle 571Contracts binding on both parties. One contracting party’s failure to perform his obligation. Its implication. The other contracting party may, after formally notifying him, request the judge to rescind the contract. AssPleadings — Part Two · Source page ١١٥

  11. أمر حبس

    Principle 572A creditor may, with permission from the judge of interim matters, whenever his debt is certain in existence and he does not hold an enforceable instrument or the debt is unquantified, levy a precautionary attachment on Pleadings — Part Two · Source page ١١٥
  12. Principle 573The debtor imprisonment regime. Its rules and conditions differ from the travel ban regime. The rule is that imprisonment and travel ban orders are issued against the debtor as a natural person. A private juridical persoPleadings — Part Two · Source page ١١٥
  13. Principle 574A private legal person that is a debtor. A detention order is issued against the person to whom the refusal to comply is personally attributable. - 115 - Civil ProcedurePleadings — Part Two · Source page ١١٥
  14. Principle 575Assessment of the grounds warranting issuance of an order imprisoning the debtor and the grounds for grievance against it. A matter for the trial court. The prerequisite therefor.Pleadings — Part Two · Source page ١١٦
  15. Principle 576An order imprisoning a debtor who refuses to pay. Its condition. Established ability to pay. Its absence. Its effect. Lapse of the order. Article 266 of the Code of Civil Procedure. - Assessment of whether the ability toPleadings — Part Two · Source page ١١٦
  16. Principle 577An order imprisoning a debtor for refusing to comply with a final judgment or final payment order. By whom it is issued and the conditions for its issuance. The issuing authority’s power to conduct an investigation to asPleadings — Part Two · Source page ١١٦
  17. Principle 578Issuance of an order imprisoning the person responsible for refusal to execute where the debtor is a private legal person. Its conditions. - Assessment of the responsibility of the person whose imprisonment is sought forPleadings — Part Two · Source page ١١٦
  18. Principle 579Issuance of an order imprisoning the debtor. Its conditions. Absence of one of them. Its effect. - The debtor's ability to pay and the creditor's proof thereof. Among the conditions for ordering imprisonment.Pleadings — Part Two · Source page ١١٦
  19. Principle 580Attachment of movable or immovable property. Its effect. Impounding the attached property, however high its value or low the amount of the debt for which it is attached. Attachment is not limited to a particular amount uPleadings — Part Two · Source page ١١٦

  20. إنكار التوقيع

    Principle 581Imprisonment of a debtor who fails to pay the debt. Its condition. The right must be established by a final judgment or final payment order. Reason for this. - 116 - Procedure 22- Denial of signature:-Pleadings — Part Two · Source page ١١٦
  21. Principle 582The person from whom the private document did not emanate. Is not required to deny the document. It suffices for him to swear an oath of lack of knowledge. He may challenge it on grounds of forgery.Pleadings — Part Two · Source page ١١٧

  22. الإقرار

    Principle 583When a private instrument derives its probative force. - Acknowledgment by the person to whom the instrument is attributed of his signature. His allegation that its body has been altered. Mere denial is insufficient. NecPleadings — Part Two · Source page ١١٧
  23. Principle 584Establishment of a child’s parentage by the marital bed under the Ja‘fari school. Its condition. Consummation with the mother, the passage of six months or more from intercourse, and the maximum gestation period not beinPleadings — Part Two · Source page ١١٧
  24. Principle 585Ascertaining the facts of the case, assessing the evidence and documents submitted therein, and assessing the probative force of an extrajudicial admission. Within the authority of the court of merits, provided it bases Pleadings — Part Two · Source page ١١٧
  25. Principle 586The debtor's express or implied acknowledgment of the creditor's right. Its effect. Interruption of the limitation period. The reason for that.Pleadings — Part Two · Source page ١١٧
  26. Principle 587An agent’s contracting outside the limits of his agency or without any authorization at all. Its effect. The contract is ineffective against the principal unless he ratifies it or acknowledges it expressly or implicitly.Pleadings — Part Two · Source page ١١٧
  27. Principle 588Acknowledgment interrupting prescription within the meaning of Article 1674 of the Majalla of Judicial Provisions. Its condition. That it emanate from the opposing party and include his acknowledgment that the right claiPleadings — Part Two · Source page ١١٨
  28. Principle 589Benefiting 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 Two · Source page ١١٨
  29. Principle 590Copies of private instruments. The general rule is that they have no probative force except insofar as they point to the original or the person from whom they emanated acknowledges, expressly or implicitly, that they conPleadings — Part Two · Source page ١١٨
  30. Principle 591The prescribed period for barring the hearing of an action. Its interruption by the debtor's express or implied acknowledgment of the creditor's right.Pleadings — Part Two · Source page ١١٨
  31. Principle 592The plea of prescription. The court of the merits must examine its conditions. - The period prescribed for barring the hearing of an action by prescription under Article 449 of the Civil Code. Interrupted by the debtor'sPleadings — Part Two · Source page ١١٨
  32. Principle 593The guarantor under Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. His being treated as a customer and being subject to the provisions regulated by its texts, includinPleadings — Part Two · Source page ١١٨
  33. Principle 594The debtor's notarization of an acknowledgment accepting the indebtedness balances as existing on 1/8/1990. Its necessity to benefit from the facilities provided by Law 41 of 1993. Inadmissibility of his subsequently disPleadings — Part Two · Source page ١١٩
  34. Principle 595The notarised acknowledgment of the appellant's indebtedness in his capacity. Its effect. The creation of a new debt wholly disconnected from the old obligation and purged of all defences as an effect of the transfer of Pleadings — Part Two · Source page ١١٩

  35. التنازل

    Principle 596The mother’s acknowledgment, upon khulʿ divorce, that she relinquishes her son’s maintenance during the custody period. Evidence binding upon her. Her proof that her financial circumstances have changed so as to render hPleadings — Part Two · Source page ١١٩
  36. Principle 597A guardian's representation of a minor. Legal representation. Its purpose is to preserve the minor's property and not harm it. The guardian's waiver of the child's right harms the minor's property and falls outside the lPleadings — Part Two · Source page ١١٩
  37. Principle 598Removing the use of the car telephone service from the sphere of transactions for considerations relating to public policy. Requiring the approval of the Minister of Communications and Minister of Communications DecisionPleadings — Part Two · Source page ١٢٠
  38. Principle 599Waiver of a right without consideration. A release from debt subject to the substantive rules governing gratuitous dispositions.Pleadings — Part Two · Source page ١٢٠
  39. Principle 600A receiver's relinquishment of his task of preserving or administering the property placed under receivership to one of the co-owners in common. Impermissible unless all of them consent thereto. The reason therefor.Pleadings — Part Two · Source page ١٢٠
  40. Principle 601Plea that an action be deemed never to have existed because more than ninety days have elapsed since it was struck off. Its connection with the interest of the litigant for whose benefit the plea was prescribed. That litPleadings — Part Two · Source page ١٢٠
  41. Principle 602A Kuwaiti's assignment of the licence for his commercial premises to another Kuwaiti. Its effect. No nullity and no violation of public policy; the licence is cancelled, and the assignee may request its renewal in his naPleadings — Part Two · Source page ١٢٠

  42. التنصل

    Principle 603Assignment of the right to exploit agricultural plots to another. Among its conditions: both the assignor and assignee must sign, in the presence of 2 Kuwaiti witnesses, a declaration of assignment before the competent bPleadings — Part Two · Source page ١٢٠
  43. Principle 604The criterion for the State's purchase of the debts specified in the law is that they were outstanding on 1/8/1990 in favor of a local bank, Kuwait Finance House, or an investment company subject to the supervision of thPleadings — Part Two · Source page ١٢١

  44. الإعفاء

    Principle 605The State's purchase of the debts specified in Law 32/1992. Its prerequisite. That they were outstanding on 1/8/1990 in favour of a local bank, Kuwait Finance House or an investment company subject to the supervision of Pleadings — Part Two · Source page ١٢١
  45. Principle 606Agency, whether general or special. The rule is that it confers authority on the agent only to undertake the matters specified therein. His obligation to submit a detailed account of all its activities supported by documPleadings — Part Two · Source page ١٢١

  46. الاستصحاب

    Principle 607A person who obtained a government house through the housing welfare system benefiting from exemption from its price. Disposition of it after his death if his heirs include children who have not reached the age of majoriPleadings — Part Two · Source page ١٢١

  47. الاستحسان

    Principle 608Establishment of a matter at the present time on the basis of its establishment at an earlier time. Its implication. The accompaniment and continuation of that matter throughout the subsequent period. Its condition. ThatPleadings — Part Two · Source page ١٢٢

  48. - بوجه عام

    Principle 609The general rule regarding testimony is that a witness may not testify to something he has not personally observed. The exception. Matters of lineage, death and marriage. Hearsay testimony may be accepted therein by juriPleadings — Part Two · Source page ١٢٢
  49. Principle 611Definition of mental infirmity under Article 945 of the Majalla and the statements of the jurists. Assessment of the existence of mental infirmity. A matter for the court of merits. The disposition of a mentally infirm pPleadings — Part Two · Source page ١٢٣
  50. Principle 612The capacity required for an arbitration agreement is the capacity to dispose. This essential condition must be satisfied. A representative may conclude an arbitration agreement with special authorization.Pleadings — Part Two · Source page ١٢٣
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