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

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  1. الصفة في الدعوى:

    Principle 834A claim for additional benefits. It must be directed immediately against the employer in accordance with the ordinary procedures for claiming rights. It may not be directed against the Social Insurance Institution.Pleadings — Part Two · Source page ١٦٠
  2. Principle 835Investigating the litigants' standing. A question of fact. Independently determined by the court of merits, provided its determination is reasonable. Example. - Disputation concerning the court of merits' discretionary aPleadings — Part Two · Source page ١٦٠
  3. Principle 836The employer’s obligations under the social insurance system for Kuwaiti workers. Their nature. Impermissibility of claiming the end-of-service gratuity from him. Recourse regarding it must be had to the Social InsurancePleadings — Part Two · Source page ١٦٠
  4. Principle 837Investigating the parties' standing and determining its existence or absence in the action. A matter of fact for the court of the merits. Its condition.Pleadings — Part Two · Source page ١٦٠
  5. Principle 838The ship’s agent. He is the maritime carrier’s representative in actions arising from maritime carriage operations brought by or against the carrier in the locality where the agent’s headquarters are situated. Joining hiPleadings — Part Two · Source page ١٦٠
  6. Principle 839Representation of the Office for the Liquidation of Forward Share Transactions before courts of any type or level. It belongs to the Office’s supervisor and such employees as he authorizes. Their right to appear before cPleadings — Part Two · Source page ١٦٠
  7. Principle 840Existence of standing in the defendant. Its condition. That the right sought in the action exist against him. - Ascertaining the parties' standing and determining whether or not it exists. A matter of fact for the court Pleadings — Part Two · Source page ١٦١
  8. Principle 841Employment contract. It is permissible to agree therein to depart from any provision of the Labour Law. The condition for that. Establishment of a greater benefit or advantage for the worker. Standing to invoke it belongPleadings — Part Two · Source page ١٦١
  9. Principle 842Joining a party in an appeal. Its condition. The person joined must have been a party to the proceedings before the court that issued the challenged judgment and must have contested his opponent's claims before it, or hiPleadings — Part Two · Source page ١٦١
  10. Principle 843Basing a judgment on an understanding contrary to what is established in the papers. Its effect: its nullity and the necessity of quashing it. Example of a judgment declaring an action inadmissible because it was broughtPleadings — Part Two · Source page ١٦١
  11. Principle 844Commercial companies enjoy legal personality independent of the personality of their partners. Stating the company’s distinctive name is sufficient for an action to be brought by or against it, without the need to state Pleadings — Part Two · Source page ١٦١
  12. Principle 845Performance of an obligation. It may be made by someone other than the debtor, even without the debtor's knowledge or against his will. The debtor's objection thereto and notification of the creditor thereof. The creditoPleadings — Part Two · Source page ١٦١
  13. Principle 846The Public Ports Corporation and Shuaiba Port. The person authorized to represent them before the courts and in their relations with third parties. The Minister of Communications in his capacity as Chairman of the Board Pleadings — Part Two · Source page ١٦٢
  14. Principle 847Investigation of the litigants’ standing and determination of its presence or absence in the action. A question of fact for the court of merits. Its condition.Pleadings — Part Two · Source page ١٦٢
  15. Principle 848Liquidation of a company. Its effect. The cessation of its manager’s capacity to represent it and his replacement by the liquidator, who alone has standing to represent it before the courts. The implication of that. TermPleadings — Part Two · Source page ١٦٢
  16. Principle 849Nullity of proceedings based on the absence of standing of a litigant. Not a matter of public policy. It may not be raised for the first time before the Court of Cassation. Example.Pleadings — Part Two · Source page ١٦٢
  17. Principle 850Standing in an action. Its existence in the defendant. Its condition. The right sought therein must exist against him as the person concerned and responsible for it if the plaintiff's entitlement thereto is established. Pleadings — Part Two · Source page ١٦٢
  18. Principle 851A claim or plea in which its proponent has no existing interest recognized by law. Inadmissible. - Interest in an appeal. Does not exist if the appeal is based on an unproductive contention or a ground which, even if valPleadings — Part Two · Source page ١٦٣
  19. Principle 852Standing in an action exists in the defendant whenever the right sought therein exists against him. Basis thereof. - Complaint that a judgment failed to answer a plea or defence. Its proper occasion: the judgment containPleadings — Part Two · Source page ١٦٣
  20. Principle 853An action. Its nature and the conditions for its admissibility. Existence of standing in both its parties. Determining that standing. The court of merits' independent authority therein. Its condition.Pleadings — Part Two · Source page ١٦٣
  21. Principle 854Defence of the interests of the Public Treasury in all cases brought by or against the Government before the courts. It belongs to the Department of Legal Advice and Legislation. No prohibition on engaging, alongside it,Pleadings — Part Two · Source page ١٦٣
  22. Principle 855Leasing commonly owned property. A right of the majority of co-owners. A lease of the entire property or a segregated portion thereof granted by a co-owner who does not hold a majority of the shares. Valid and effective Pleadings — Part Two · Source page ١٦٣
  23. Principle 856Investigating a litigant's standing and determining its existence or absence. A matter of fact independently determined by the court of merits. Its condition.Pleadings — Part Two · Source page ١٦٤
  24. Principle 858Joint-stock company. It may bring a liability action against the chairman and members of the board of directors in all cases where direct damage to the company results from fraud, abuse of authority, violation of the lawPleadings — Part Two · Source page ١٦٤
  25. Principle 859Standing in an action. It exists in the defendant whenever the right sought therein exists against him, as the person concerned with it and responsible for it if the plaintiff's entitlement thereto is established. - AscePleadings — Part Two · Source page ١٦٤
  26. Principle 861Determination of the existence of standing in an action. A question of fact solely for the judge of merits. It suffices that he state the truth of which he is persuaded and base his ruling on reasons sufficient to supporPleadings — Part Two · Source page ١٦٥
  27. Principle 862Standing in an action. When it exists in the defendant. - The interest that is recognized. The legal interest founded on a right or legal position for the purpose of protecting it, whether by declaring it when disputed, Pleadings — Part Two · Source page ١٦٥
  28. Principle 863Standing in an action exists in the defendant whenever the right sought therein exists against him, as the person concerned with it and responsible for it if the plaintiff's entitlement thereto is established. - AscertaiPleadings — Part Two · Source page ١٦٥
  29. Principle 865A judgment dissolving and liquidating a company. Its effect. Cessation of its manager’s capacity and his replacement by the liquidator appointed by court judgment in representing it before the courts. The rationale therePleadings — Part Two · Source page ١٦٦
  30. Principle 866Judicial receivership. Its basis is the existence of a dispute over property threatened by danger. It has no effect on the property owner’s civil capacity in matters outside the judicial receiver’s duties and authority. Pleadings — Part Two · Source page ١٦٦
  31. Principle 867Action for compensation for preventing the possessor of real property from possessing it. The defendant therein is anyone who commits a positive act upon the property resulting in such prevention. It is sufficient that tPleadings — Part Two · Source page ١٦٦
  32. Principle 868Ascertaining the parties' standing in the action. A matter of fact for the court of merits. The condition thereof. - An undisclosed partnership. Its nature: formed between two or more persons, characterized by concealmenPleadings — Part Two · Source page ١٦٧
  33. Principle 870An undisclosed partnership. Its nature. It does not possess juridical personality. Its existence, dissolution or liquidation may be established by all means of proof. - The criterion for the existence of an undisclosed pPleadings — Part Two · Source page ١٦٧
  34. Principle 871Standing in an action exists in the defendant whenever the right sought therein exists against him. The basis thereof. - Ascertaining the parties' standing. A matter of fact. The court of merits determines it independentPleadings — Part Two · Source page ١٦٧
  35. Principle 873Contract agency. Its nature: a contract under which a person undertakes, on a continuing basis, to endeavour within a particular area of activity to conclude transactions for the principal's benefit in return for remunerPleadings — Part Two · Source page ١٦٨

  36. المصلحة في الدعوى

    Principle 874The Fellowship Fund for members of the Petrochemical Industry Workers’ Union. Its establishment is considered among the activities undertaken by the union. Its lack of legal personality independent of the union. The necePleadings — Part Two · Source page ١٦٨
  37. Principle 875The plea of inadmissibility of an action for a debt not due for payment when it was brought, where the agreed term falls due before judgment therein. - 168 - ProcedurePleadings — Part Two · Source page ١٦٨
  38. Principle 876A plea of inadmissibility of the action for failure to meet its admissibility conditions or for any other reason. It may be raised before the Court of Appeal.Pleadings — Part Two · Source page ١٦٩
  39. Principle 877Interest is a condition not only for the admissibility of an action, but also for the admissibility of any claim or plea. Only a legal interest is recognized. Example.Pleadings — Part Two · Source page ١٦٩
  40. Principle 878Interest is the criterion for an action. Ruling that intervention in a tenancy dispute is inadmissible because the applicant for intervention was not a party to the lease. No error.Pleadings — Part Two · Source page ١٦٩
  41. Principle 879Prohibiting a person from disposing of his assets and placing them under judicial receivership. Its effect. His lack of standing to be a plaintiff or defendant concerning them. The person with standing is the judicial rePleadings — Part Two · Source page ١٦٩
  42. Principle 880Interest in an action. It is the benefit accruing to the person bringing it who is granted his claim. Intensification of the disagreement between the 2 partners establishes an interest in seeking dissolution of the compaPleadings — Part Two · Source page ١٦٩
  43. Principle 881A plea that the plaintiff lacks standing in the action. Unrelated to public policy. The court may not rule on it of its own motion. - The consignor and the consignee hold the right to bring a liability action against thePleadings — Part Two · Source page ١٦٩
  44. Principle 882Establishment of a debt by an authenticated official instrument. Does not negate the creditor's interest in bringing an action to obtain a judgment for the debt. The basis for this.Pleadings — Part Two · Source page ١٦٩
  45. Principle 883A plea that the action is inadmissible because it was brought by a person lacking capacity. It is not admissible once the defect affecting those of diminished capacity has ceased. Cessation of the defect validates the liPleadings — Part Two · Source page ١٦٩
  46. Principle 885The consignee is the party with standing to bring an action for compensation for damage to the goods. His assignment of his right to compensation to another. That other person becomes the party with standing to bring thePleadings — Part Two · Source page ١٧٠
  47. Principle 886Investigation of standing in the action and inference or negation of agency. A factual matter independently ascertained by the court of merits.Pleadings — Part Two · Source page ١٧٠
  48. Principle 887Interest is a condition for admissibility of an action or appeal. Its existence depends upon a genuine dispute over the right that is the subject of litigation and upon the claimant deriving a benefit from a judgment agaPleadings — Part Two · Source page ١٧٠
  49. Principle 888The rule that interest is the basis for admissibility of an action. Its application. To an appeal in cassation. The challenged judgment's imposition of no obligation on the appellant and his passive position in the procePleadings — Part Two · Source page ١٧٠
  50. Principle 889One of the parties to arbitration asserting the invalidity of the arbitration agreement. This is considered a preliminary issue resulting in a stay of the arbitration proceedings by operation of law. The arbitrator’s conPleadings — Part Two · Source page
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