المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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

Search this collection

  1. - بوجه عام

    Principle 670The requirement of the minor's legal representative's consent to obtaining a passport for him. Like all other rights, it is subject to the general rule in Article 30 of the Civil Code. Consequence thereof. It may not be Pleadings — Part Two · Source page ١٣٤
  2. Principle 671An injury resulting in death. The injured person’s capacity, before his death, even by a moment, to acquire rights, including his right to compensation for the harm suffered. Once this right is established for him beforePleadings — Part Two · Source page ١٣٤
  3. Principle 672Ascertaining and understanding the facts of the action, assessing the evidence and documents, and inferring the existence or absence of a defect of consent, without being bound by the opinion expressed by the Public ProsPleadings — Part Two · Source page ١٣٥
  4. Principle 674The insane person and the person of impaired intellect are interdicted by virtue of their condition. The reason for this. Article 85/1 of the Civil Code. - Curatorship. Vests in the Public Authority for Minors Affairs ovPleadings — Part Two · Source page ١٣٥
  5. Principle 675The guarantor’s obligation follows the principal debtor’s obligation in its validity and invalidity. The condition for the validity of the guarantee and the creation - 135 - Procedure of an obligation upon the guarantor Pleadings — Part Two · Source page ١٣٥
  6. Principle 676For an agency to be valid, the principal must have capacity to perform the act for which he has appointed another as agent. Article 699, Civil Code.Pleadings — Part Two · Source page ١٣٦
  7. Principle 677The general rule is that agency terminates upon the death of the principal or the agent, or either’s loss of capacity. Article 716, Civil Code.Pleadings — Part Two · Source page ١٣٦
  8. Principle 678The husband's capacity. The provisions of Law No. 51/1984 concerning Personal Status apply thereto, rather than the Civil Code. The reason therefor. It is a special law containing regulation of capacity to marry. - FormaPleadings — Part Two · Source page ١٣٦
  9. Principle 679The Kuwait Stock Exchange. Its enjoyment of independent legal personality and its capacity to dispose of its assets. - 136 - ProcedurePleadings — Part Two · Source page ١٣٦
  10. Principle 680Expression of intention. It exists as soon as it issues from its maker. When it takes effect: upon coming to the knowledge of the person to whom it is addressed. - The principal's illness, even if severe. It is not legalPleadings — Part Two · Source page ١٣٧
  11. Principle 682Establishment that the legal representative of a person with diminished capacity has abused his right to authorize that person to obtain a separate passport. Any interested person may resort to the courts to obtain a judPleadings — Part Two · Source page ١٣٧
  12. Principle 683Capacity to marry. Sanity and puberty. A previously married woman or a woman who has reached twenty-five has the say in her marriage, and her guardian concludes the contract.Pleadings — Part Two · Source page ١٣٧
  13. Principle 684Valid constitution of proceedings. Its condition: that they emanate from a party or be directed against a party possessing capacity to be a party to proceedings and to litigate, both at their commencement and upon appealPleadings — Part Two · Source page ١٣٧
  14. Principle 685Constitution of proceedings. Condition for its validity. They must emanate from a litigant or be directed against a litigant possessing capacity to be a party and to litigate, whether upon their commencement or upon appePleadings — Part Two · Source page ١٣٨
  15. Principle 686An establishment that does not possess legal personality has no capacity to acquire rights and assume obligations and has no capacity to be a party to proceedings. The reason thereof. Example.Pleadings — Part Two · Source page ١٣٨
  16. Principle 687Law No. 51 of 1984 concerning Personal Status contains provisions regulating capacity to marry. Its necessary consequence. It is the applicable law. Its implication. There is no scope for applying the provisions of the CPleadings — Part Two · Source page ١٣٨
  17. Principle 688The Personal Status Law alone must be applied to marriage matters, as a special law. An offer by the wife's guardian and acceptance by the husband, or by those acting in their stead, suffice for the conclusion of marriagPleadings — Part Two · Source page ١٣٨
  18. Principle 689A judgment declaring bankruptcy. Its effect. Divesting the bankrupt of the administration and disposition of his property from the date of the judgment. His remaining the owner of his property and retaining his capacity.Pleadings — Part Two · Source page ١٣٨
  19. Principle 690Capacity to litigate is a matter of public policy. Whoever asserts its absence must furnish proof thereof. An example.Pleadings — Part Two · Source page ١٣٩
  20. Principle 691The prescribed period for barring the hearing of an action. It does not run against a person lacking capacity. The condition for that: that he have no representative legally representing him. Its implication. PrescriptioPleadings — Part Two · Source page ١٣٩
  21. Principle 692Establishment that the appellant—the father—is the natural guardian of his daughter's person and property because she has not reached the age of capacity. Consequence thereof. He alone has the right to collect the assistPleadings — Part Two · Source page ١٣٩
  22. Principle 693Issuance of a judgment possessing the force of res judicata and establishment that the party against whom it was issued was not properly represented in the proceedings. Its effect. That force does not protect it from chaPleadings — Part Two · Source page ١٣٩
  23. Principle 694The legislature’s prohibition on a guardian undertaking certain dispositions without the court’s permission, including dispositions of a minor’s property. Its condition. The disposition must transfer ownership or create Pleadings — Part Two · Source page ١٣٩

  24. الاختصاص بنظر الدعوى

    Principle 695Non-hearing of an action owing to lapse of time under the Majalla of Judicial Rules. Its application to actions concerning ownership, immovable property and inheritance, just as it applies to actions for debt. Legally rePleadings — Part Two · Source page ١٤٠
  25. Principle 696Assignment of particular actions to the various circuits of the Court of First Instance by a decision of the General Assembly. It is not a matter of subject-matter jurisdiction. Rather, it is merely an administrative disPleadings — Part Two · Source page ١٤١
  26. Principle 698An action seeking cancellation of real estate registration on the basis that the person in whose favour registration was effected lacks ownership, and that the person bringing the action is entitled to register the propePleadings — Part Two · Source page ١٤١
  27. Principle 699Determining the subject-matter jurisdiction of each judicial body. The criterion therein. - The Labour Circuit of the Court of First Instance. Its jurisdiction: adjudication of labour disputes arising from the applicatioPleadings — Part Two · Source page ١٤١
  28. Principle 700The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to determine applications submitted by individuals or bodies for annulment of final administrative decisions and compensation for damagPleadings — Part Two · Source page ١٤١
  29. Principle 701A wife may bring an action for judicial divorce before the Kuwaiti courts whenever she has a domicile in Kuwait. The basis thereof. - The convening of some circuits of the Court of First Instance in another governorate dPleadings — Part Two · Source page ١٤٢
  30. Principle 702Jurisdiction of the Commercial Circuit to hear the action and its falling outside the Administrative Circuit’s jurisdiction. The judgment’s determination of the action as a commercial dispute. No defect.Pleadings — Part Two · Source page ١٤٢
  31. Principle 703Jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions concerning civil servants. To what it is confined. - The criterion for determining the subjePleadings — Part Two · Source page ١٤٢
  32. Principle 704Rules of subject-matter jurisdiction and matters concerning the inadmissibility of an appeal because the action falls within the court of first instance's final monetary jurisdiction. Their relation to public policy. ItsPleadings — Part Two · Source page ١٤٢
  33. Principle 705A judgment allowing or rejecting a plea that the court lacks subject-matter jurisdiction to hear the action. Effect thereof. Its acquisition of res judicata effect in this respect before the courts of the judicial branchPleadings — Part Two · Source page ١٤٢
  34. Principle 706A plea of lack of subject-matter jurisdiction. It concerns public policy. The implication of this. It is deemed, with respect to the type of action, to subsist in the proceedings and to be always before the court, even iPleadings — Part Two · Source page ١٤٢
  35. Principle 707The jurisdiction of the Rental Division of the Court of First Instance arises only where the dispute brought before the court relates to a provision of Decree-Law 35 of 1978 concerning the leasing of premises. The determPleadings — Part Two · Source page ١٤٣
  36. Principle 708Assignment of particular actions to the various divisions of the Court of First Instance by a decision of the General Assembly. Does not constitute a matter of subject-matter jurisdiction, but merely an administrative diPleadings — Part Two · Source page ١٤٣
  37. Principle 709The susceptibility of judgments to challenge. A matter relating to public policy. - The general rule is that judgments issued in personal status matters are first-instance judgments subject to appeal regardless of the vaPleadings — Part Two · Source page ١٤٣
  38. Principle 710Determination of the subject-matter jurisdiction of each judicial body. The determining factor is the relief sought by the plaintiff.Pleadings — Part Two · Source page ١٤٣

  39. الصفة في الدعوى:

    Principle 711Jurisdiction of the Bankruptcy Circuit of the Court of First Instance pursuant to Law 41 of 1993. Subject-matter jurisdiction. Its connection - 143 - Civil Procedure with public policy. It is exceptional jurisdiction thaPleadings — Part Two · Source page ١٤٣
  40. Principle 712Plea of inadmissibility of an action for having been brought against a person lacking standing. Its rejection. Failure of the party raising it to maintain it on appeal. Challenging the appellate judgment for failing to ePleadings — Part Two · Source page ١٤٤
  41. Principle 713A plea of lack of standing does not relate to public policy. The plea of its absence may be waived expressly or impliedly.Pleadings — Part Two · Source page ١٤٤
  42. Principle 714Valid constitution of proceedings in respect of all the heirs. Inclusion as parties of some of them who have died has no effect.Pleadings — Part Two · Source page ١٤٤
  43. Principle 715The defendant must have the requisite standing for the action to be brought against him. Determining that standing lies exclusively with the court of the merits.Pleadings — Part Two · Source page ١٤٤
  44. Principle 716When the defendant has standing. Ascertainment of this standing falls within the authority of the court of merits.Pleadings — Part Two · Source page ١٤٤
  45. Principle 717A plea that an action is inadmissible for lack of standing. What is not considered such a plea. Example in a maritime carriage dispute.Pleadings — Part Two · Source page ١٤٤
  46. Principle 718Investigating a litigant's capacity in the action. A factual matter exclusively for the court of merits. Omission of the litigant's capacity from - 144 - Procedure the operative part after the judgment has stated it. DoePleadings — Part Two · Source page ١٤٤
  47. Principle 719Examining the litigants' standing and inferring its existence or absence. A matter of fact within the exclusive province of the court of merits.Pleadings — Part Two · Source page ١٤٥
  48. Principle 720Invalidity of proceedings based on the litigants’ lack of standing. It does not concern public order.Pleadings — Part Two · Source page ١٤٥
  49. Principle 721The proper party against whom a liability action under a maritime carriage contract is brought is the carrier. The reason therefor.Pleadings — Part Two · Source page ١٤٥
  50. Principle 723The carrier is the proper party against whom an action for liability for performance of the contract of carriage is brought.Pleadings — Part Two · Source page
PreviousPage 13 of 76Next