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. - بوجه عام

    Principle 614A minor lacking discernment is subject to guardianship over the person, beginning with his father, even if he is in the custody of his divorced mother. The reason therefor. The father is his legal representative, and thaPleadings — Part Two · Source page ١٢٣
  2. Principle 615The admitting party's capacity to dispose of that which he admitted. A condition for the validity of the admission. The admitting party being prohibited from disposing of his property. Its effect. An admission made by hiPleadings — Part Two · Source page ١٢٣
  3. Principle 616Nullity or voidability of the guaranteed obligation. Effect thereof. The guarantor’s obligation acquires the same character. Reason: the guarantor’s obligation is accessory to the principal obligation as to validity and Pleadings — Part Two · Source page ١٢٣
  4. Principle 617Constitution of proceedings in an action, appeal or cassation appeal. Its condition. That they be instituted through valid procedures and that the party have capacity to litigate. Nullity resulting from non-observance thPleadings — Part Two · Source page ١٢٤
  5. Principle 618The party’s possession of capacity to be a party to proceedings. The judgment concluding with rejection on the ground of inadmissibility of joining him as a party. Challenging the legal propositions it stated concerning Pleadings — Part Two · Source page ١٢٤
  6. Principle 619Capacity to litigate. Its existence is a condition for the validity of the proceedings. Proceedings instituted by a person lacking capacity. Void with a recurring nullity that affects them at all their stages. The court Pleadings — Part Two · Source page ١٢٤
  7. Principle 620Validity of proceedings. Its prerequisite. Establishment of the legal personality of the person conducting them, whether natural or legal, and his possession of capacity to litigate. Contravention thereof. Its effect. AbPleadings — Part Two · Source page ١٢٤
  8. Principle 621The decision of the Arbitration Board for Forward Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for the Settlement of Forward Transactions in Company Shares as recePleadings — Part Two · Source page ١٢٥
  9. Principle 622The criterion of capacity is the establishment of the litigant's legal personality as a condition for the validity of the proceedings in the action. The litigant's lack of capacity. Its sanction is nullity.Pleadings — Part Two · Source page ١٢٥
  10. Principle 623Constitution of litigation. The condition for its validity: that it be instituted through valid procedures and that the party have capacity to litigate. This must be present at all its stages. The reason therefor. InvaliPleadings — Part Two · Source page ١٢٥
  11. Principle 624A sole proprietorship has neither legal personality nor an independent patrimony. Its connection with its owner's patrimony. It must be sued in the person of its owner.Pleadings — Part Two · Source page ١٢٥
  12. Principle 625A judgment imposing interdiction for mental infirmity. A ruling upholding the validity of dispositions preceding it does not impair its res judicata effect, provided that it did not conclusively determine that the state Pleadings — Part Two · Source page ١٢٥
  13. Principle 626The presumption is that volition exists when any disposition is made, unless the contrary is proved. - Notoriety of a state of insanity or mental deficiency, or the court's appointment of a curator. A presumption arises Pleadings — Part Two · Source page ١٢٥
  14. Principle 627Obtaining a judgment establishing entitlement to procure a passport for a person of diminished capacity. Permissible for every person having an - 125 - Civil Procedure interest. The condition therefor. Proof of the legalPleadings — Part Two · Source page ١٢٥
  15. Principle 628Capacity to litigate. Its connection with public policy. The defence that it is absent. Rests on facts that must be pleaded before the court of the merits. Raising it for the first time before the Court of Cassation. InaPleadings — Part Two · Source page ١٢٦
  16. Principle 629The dispositions of a mentally deficient person are subject to the rules governing the dispositions of a discerning minor. - The dispositions of a discerning minor: when they are valid and when they are void or voidable Pleadings — Part Two · Source page ١٢٦
  17. Principle 630Dispositions capable of both benefit and detriment. What is meant thereby. Example. - Reliance by a person of diminished capacity on his diminished capacity. His having claimed to possess capacity does not prevent this. Pleadings — Part Two · Source page ١٢٦
  18. Principle 631Guardianship over an interdicted Kuwaiti person vests first in the Public Authority for Minors Affairs unless the court considers it appropriate to appoint another guardian. The basis thereof. Article 130, Civil Code. - Pleadings — Part Two · Source page ١٢٦
  19. Principle 632Constitution of proceedings. Its condition. They must be instituted through valid procedures and the litigant must have capacity to litigate, whether when the action is initially brought, when the judgment rendered therePleadings — Part Two · Source page ١٢٦
  20. Principle 633The two elements of the creation of a juridical person. - A sole proprietorship does not possess legal personality and has no capacity to be a party to proceedings. Its owner conducts proceedings on its behalf, as it is Pleadings — Part Two · Source page ١٢٧
  21. Principle 634Appointment of a curator over the assets of a person under interdiction does not preclude appointment of a guardian over his person. The rationale therefor. - The rule concerning guardianship over the person is that it bPleadings — Part Two · Source page ١٢٧
  22. Principle 635The Kuwaiti partner in general partnerships, limited partnerships of both types, and limited liability companies established before the liberation of the country. His right to remove the non-Kuwaiti partner. The cases anPleadings — Part Two · Source page ١٢٧
  23. Principle 636Constitution of proceedings. The condition for its validity. That they originate from a party or are directed against a party possessing capacity to be a party and to litigate, whether upon their commencement or upon appPleadings — Part Two · Source page ١٢٧
  24. Principle 638The rule is that procedural legal rules apply with immediate effect to actions brought while they are in force - 127 - Civil Procedure even if those actions arise from earlier facts. - Intervention by the Public ProsecutPleadings — Part Two · Source page ١٢٧
  25. Principle 639The decision of the Arbitration Board for Forward Share Transactions prohibiting the debtor from disposing of his assets. Its implication: divesting the debtor of the administration of or power to dispose of these assetsPleadings — Part Two · Source page ١٢٨
  26. Principle 640An application to place an insane person, a person of deficient intellect, a person susceptible to imposition, or a prodigal under interdiction. The party having an interest therein. The Department of Minors' Affairs andPleadings — Part Two · Source page ١٢٨
  27. Principle 641Assessment of the existence of mental infirmity requiring interdiction as one of the impairments of capacity. A factual matter independently determined by the court of merits. Its condition. - The court's reliance on thePleadings — Part Two · Source page ١٢٨
  28. Principle 642An establishment that does not possess legal personality. An element of its owner’s patrimony. - 128 - Civil Procedure. Its implication. It has no capacity to be a party to proceedings and therefore may not litigate; itsPleadings — Part Two · Source page ١٢٨
  29. Principle 644Failure to raise the issue of the appearance of signs of puberty in the boy before the Court of Appeal. A new defence involving mixed questions of fact and law. Effect thereof. Its inadmissibility before the Court of CasPleadings — Part Two · Source page ١٢٩
  30. Principle 645A girl exceeding the age of nine according to the lunar calendar. Its effect. Establishment of her capacity to litigate. Her appearance in person before the court, her choice to live with her mother, and her failure to oPleadings — Part Two · Source page ١٢٩
  31. Principle 646Substantive conditions for the validity of marriage. Their determination. Its reference. The spouses' nationality if they share the same nationality. Their differing nationalities. Its effect. Necessity of referring to tPleadings — Part Two · Source page ١٢٩
  32. Principle 647The guardian’s disposal of a minor’s immovable property without the court’s permission. Its effect. Relative nullity of the disposition for the benefit of the minor alone, unless subsequently ratified by him upon attainiPleadings — Part Two · Source page ١٢٩
  33. Principle 648The presumption is the existence of volition unless the contrary is established. - Inferring the existence of a state of insanity extinguishing volition, as one of the impediments to capacity, and its susceptibility to cPleadings — Part Two · Source page ١٣٠
  34. Principle 649Valid constitution of the litigation. Its condition. The litigant must possess capacity to litigate. Import thereof. Capacity is not a condition for admissibility of the action but a condition for the validity of its proPleadings — Part Two · Source page ١٣٠
  35. Principle 650The general rule is that agency terminates upon the death of the principal or the agent, or upon either losing capacity. The reason therefor: personal considerations are taken into account in selecting the agent. - The aPleadings — Part Two · Source page ١٣٠
  36. Principle 651The receiver’s task. Its limitation to acts of administration and preservation. The receiver has standing in all actions arising from the receivership within the scope of the task entrusted to him under the judgment appoPleadings — Part Two · Source page ١٣٠
  37. Principle 652Prodigality is squandering and wasting money on what rational persons of religious observance do not consider a proper purpose. The frivolity that overtakes a person and causes him to act contrary to the requirements of Pleadings — Part Two · Source page ١٣٠
  38. Principle 653Non-existence of a judgment. Its condition: its being devoid of its essential elements. A defect alleged against a judgment that cannot serve as a ground for its non-existence. Its consequence, if substantiated, is nulliPleadings — Part Two · Source page ١٣١
  39. Principle 654Puberty. Its meaning. A male or female reaching the age of puberty or the appearance of signs of puberty. Its effect. Termination of guardianship over his or her person. A girl’s not having reached the age of fifteen. ItPleadings — Part Two · Source page ١٣١
  40. Principle 655Capacity to litigate. It is established for natural persons and legal persons. - How a legal person comes into existence through its substantive and formal elements. The law's non-recognition of such personality for any Pleadings — Part Two · Source page ١٣١
  41. Principle 657Capacity to litigate. A matter of public order. A plea of its absence must be raised before the court of fact. The reason therefor. - A ground of challenge alleging lack of capacity for the first time before the Court ofPleadings — Part Two · Source page ١٣٢
  42. Principle 658Dispositions of a minor lacking discernment. Void. The reason for this. Article 86 of the Civil Code.Pleadings — Part Two · Source page ١٣٢
  43. Principle 659Travel with the child in custody to any country. A right of the female custodian without the guardian’s permission. The condition for that: that the travel be temporary and not for the purpose of residence and settlementPleadings — Part Two · Source page ١٣٢
  44. Principle 660Mental infirmity. It is a defect of the mind that does not deprive a person of understanding but merely diminishes it. How it is established. Through specialist physicians and circumstantial indications.Pleadings — Part Two · Source page ١٣٢
  45. Principle 662Acts of a minor lacking discernment. Void. The reason therefor: Article 86 of the Civil Code.Pleadings — Part Two · Source page ١٣٣
  46. Principle 663Requiring the legal representative's consent to grant a person of diminished capacity a separate passport. A right subject to the general rule in Article 30 of the Civil Code. It may not be diverted from its purpose or iPleadings — Part Two · Source page ١٣٣
  47. Principle 664The plea of absence of capacity to litigate. It must be raised before the court of merits for examination and investigation. Its relation to public policy does not alter this.Pleadings — Part Two · Source page ١٣٣
  48. Principle 665Mental deficiency is a defect of the mind that does not deprive a person of understanding but merely diminishes it. How it is established. Through specialist physicians and circumstantial indications.Pleadings — Part Two · Source page ١٣٣
  49. Principle 666Impaired intellect is a defect affecting the mind that does not deprive a person of his understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning minor Pleadings — Part Two · Source page ١٣٣
  50. Principle 668A party’s capacity to litigate. Its criterion. The establishment of his legal personality, whether a natural or - 133 - Procedure juridical person. The implication of that. It is not a condition for the admissibility of Pleadings — Part Two · Source page
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