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. - طلبات الخصوم

    Principle 1284The judicial claim. Its nature. - The claims binding the court. They are the final claims.Pleadings — Part Two · Source page ٢٣٦
  2. Principle 1285The scope of the appeal is determined by the claims previously made before the court of first instance, within the limits of what has been appealed. New claims are inadmissible on appeal. This relates to public policy. EPleadings — Part Two · Source page ٢٣٦
  3. Principle 1286The scope of the action. Determined by the final claims brought to the court's attention, which bind it and beyond whose scope it must not go.Pleadings — Part Two · Source page ٢٣٧
  4. Principle 1287The judicial demand by which the proceedings begin and the incidental claims submitted therein. They define the scope of the action. - Defining the scope of the action. Within the trial court's authority. Its condition. Pleadings — Part Two · Source page ٢٣٧
  5. Principle 1288The judicial demand commencing the litigation. It determines its scope. - Determining the scope of the action, characterizing the claims therein, and ascertaining their substance. Within the authority of the court of merPleadings — Part Two · Source page ٢٣٧
  6. Principle 1290The court of merits is bound by the claims presented to it. It may award what is necessarily and factually encompassed within the scope of the claim after verifying the existence of its elements and conditions of entitlePleadings — Part Two · Source page ٢٣٧
  7. Principle 1291Impermissibility of submitting new claims on appeal. Its relation to public order. - New claims. Their meaning. - The female appellant’s request before the court of first instance to appoint an expert to partition and sePleadings — Part Two · Source page ٢٣٨
  8. Principle 1292Issuance of the judgment terminating the proceedings. Its effect. The court must, of its own motion and without a request, order the unsuccessful party in the action to pay litigation costs and lawyers’ fees. - LiabilityPleadings — Part Two · Source page ٢٣٨
  9. Principle 1293The litigants' claims in the action. What is decisive is the final claims submitted expressly and unequivocally. - The court's award of what the litigants did not request or more than they requested, with awareness therePleadings — Part Two · Source page ٢٣٨
  10. Principle 1294The principle is that the court is bound by the parties’ claims. It may award what is necessarily and factually included within the scope of the claims. Example. - Consolidation of actions brought before one court. Its cPleadings — Part Two · Source page ٢٣٨
  11. Principle 1295The final claims in the action are decisive, not those contained in its statement of claim. - The appellant's limitation of her claims in the final memorandum to an award of waiting-period maintenance and consolatory comPleadings — Part Two · Source page ٢٣٩
  12. Principle 1296Confining oneself to requesting referral to a medical committee to determine the percentage of disability and appointment of an expert to assess compensation, without substantive claims. The court's granting this requestPleadings — Part Two · Source page ٢٣٩
  13. Principle 1297The Kuwaiti partner in companies established before the liberation of the country. He may request the competent court to expel the non-Kuwaiti partner in situations that result in endangering the company's activity or inPleadings — Part Two · Source page ٢٣٩
  14. Principle 1298The final claims in the action are decisive, whether in relation to commencement of the proceedings or at the challenge stage. An example concerning spousal maintenance, waiting-period maintenance, consolatory compensatiPleadings — Part Two · Source page ٢٣٩
  15. Principle 1299Res judicata attaches to an express or implicit adjudication. The court's ruling in the words dismissing all other claims refers to the claims the court discussed and concluded should be dismissed. - The court's omissionPleadings — Part Two · Source page ٢٣٩
  16. Principle 1300A new claim that may not be made for the first time before the Court of Appeal. It is one that differs from the claims before the court of first instance in its subject matter and cause or the litigant against whom it isPleadings — Part Two · Source page ٢٣٩
  17. Principle 1301A request to compel an opposing party to produce a document in his possession that is material to the action. Failure to submit sufficient proof of the validity of the request. The party from whom the document is requestPleadings — Part Two · Source page ٢٤٠
  18. Principle 1302The scope of the appeal. Its limits. The claims presented before the Court of Appeal. The general rule is that new claims are inadmissible on appeal. Its implication. The court is bound by the litigants' claims before thPleadings — Part Two · Source page ٢٤٠
  19. Principle 1303Application of Article 187 of the Civil Code in the event of the nullity or avoidance of the contract. Its criterion. The parties' request to rely upon it before the court of merits. The reason for this.Pleadings — Part Two · Source page ٢٤٠
  20. Principle 1304A claim or defence submitted by a party who unequivocally requests its determination, and which could change the view taken of the action. The judgment must address it with specific reasons. Failure to do so. Its effect.Pleadings — Part Two · Source page ٢٤٠
  21. Principle 1305The claim by which the dispute is defined and to which reference must be made to ascertain whether the judge ruled on what the litigants requested, exceeded it, or omitted part of it. What matters in the judgment's adherPleadings — Part Two · Source page ٢٤٠
  22. Principle 1307Indivisibility. Its meaning. That adjudication of the dispute admits of only one solution. A judgment deeming the appeal as never having been brought—in this case—in favour of the person who pleaded it entails deeming itPleadings — Part Two · Source page ٢٤١
  23. Principle 1310The court's adherence to the limits of the claims submitted to it. The determining consideration is the final claims made before it expressly and unequivocally so as to come to the court's attention. An example.Pleadings — Part Two · Source page ٢٤٢
  24. Principle 1311The judicial claim. Its nature. A procedure addressed to the court against the defendant by which the scope of the action is determined. - The claims binding the court in its adjudication. They are the final claims in thPleadings — Part Two · Source page ٢٤٢
  25. Principle 1312Judicial demand. Its nature: a procedure directed to the court against the defendant, by which the scope of the action is determined in relation to the litigants and the judge. - Determining the scope of the action. A maPleadings — Part Two · Source page ٢٤٢
  26. Principle 1313A request for judgment including a name among the prisoners and missing persons in the lists of the National Committee for Prisoners' Affairs and obtaining a DNA profile for comparison with the remains. It concerns an adPleadings — Part Two · Source page ٢٤٢
  27. Principle 1314A new claim that may not be made for the first time before the Court of Appeal. It is one that differs from the claims before the first-instance court in its subject matter and cause, or in the litigant against whom it iPleadings — Part Two · Source page ٢٤٢
  28. Principle 1315The devolutive effect of an appeal. Its import. - New claims. Their prohibition before the Court of Appeal. - A claim in an action. Its meaning. What a party submits to the court seeking a judgment or decision in the actPleadings — Part Two · Source page ٢٤٣
  29. Principle 1316The scope of the action is determined by the parties' express and unequivocal claims. What counts is the final claims around which the proceedings revolve. This determination binds the parties and the judge. The court isPleadings — Part Two · Source page ٢٤٣
  30. Principle 1317The scope of the action. It is defined by the judicial demand, both for the litigants and for the judge. The court must adhere to it when determining the action. The determining consideration is the final claims, not thePleadings — Part Two · Source page ٢٤٣
  31. Principle 1318The Labour Circuit of the Court of First Instance. Its jurisdiction: adjudicating labour disputes arising from the application of the provisions of laws issued concerning labour and the relationship between workers and ePleadings — Part Two · Source page ٢٤٣
  32. Principle 1319The court must respond to an unequivocal request, otherwise its judgment is devoid of reasons. Appointment of an expert is not a right of the parties. Its implication: the court may refuse it for specific reasons subjectPleadings — Part Two · Source page ٢٤٣
  33. Principle 1320The determining consideration in identifying a litigant's claims. What he seeks to have awarded to him and what the scope of that claim necessarily and factually encompasses. The court is not bound by the literal wordingPleadings — Part Two · Source page ٢٤٤

  34. - الطلبات العارضة

    Principle 1321The scope of the action. Determined by the claims advanced by the parties expressly and unequivocally. The reason for this: these claims are what the litigation revolves around, and the court has no authority to depart fPleadings — Part Two · Source page ٢٤٤
  35. Principle 1322The incidental claim. Its nature. Example. Of an incidental claim unconnected with the original claims.Pleadings — Part Two · Source page ٢٤٤
  36. Principle 1323Incidental claims. Their meaning. The criterion for their admissibility. How they are submitted. Assessment of the connection justifying admission of an incidental claim. Within the authority of the court of merits. ExamPleadings — Part Two · Source page ٢٤٤
  37. Principle 1324Incidental claims by the defendant. Their nature. The court of first instance's ruling that the incidental claim is inadmissible. A ruling on the merits. It thereby exhausts its jurisdiction. If the appellate court reverPleadings — Part Two · Source page ٢٤٤
  38. Principle 1325The court’s statement in the reasons for its judgment that the incidental request for which the fee was not paid is not before it. Constitutes its exclusion. Its subsequent use in the operative part of the phrase “and diPleadings — Part Two · Source page ٢٤٥
  39. Principle 1326Effecting judicial set-off. Its condition is that it be raised in the form of an incidental claim. Requesting it by way of a plea for the first time on appeal. Impermissible.Pleadings — Part Two · Source page ٢٤٥
  40. Principle 1327A request for judicial set-off in the form of an incidental claim. Submitting it for the first time before the Court of Appeal is impermissible. Example.Pleadings — Part Two · Source page ٢٤٥
  41. Principle 1328A claim for judicial set-off is made by an original action or raised in the form of an incidental claim.Pleadings — Part Two · Source page ٢٤٥
  42. Principle 1329Effecting judicial set-off. Its condition. It must be raised in the form of an incidental claim, not in the form of a defence. - Judicial set-off may not be requested for the first time on appeal.Pleadings — Part Two · Source page ٢٤٥
  43. Principle 1330An opposing claim. What is required for its admissibility. Example of an incidental claim not raised by any of the methods prescribed by law.Pleadings — Part Two · Source page ٢٤٥
  44. Principle 1331Incidental claims are not necessarily admissible but are subject to the provisions in the chapter concerning incidental claims and to the discretion of the court of the merits. Requesting them in the form of an incidentaPleadings — Part Two · Source page ٢٤٥
  45. Principle 1332Legal set-off whenever its conditions are met. It may be requested by way of a plea by the defendant in the action brought against him by the plaintiff to claim a debt owed by him. - 245 - ProcedurePleadings — Part Two · Source page ٢٤٥
  46. Principle 1333A request for set-off. How it is made. Submission in the form of an incidental claim. Impermissibility of raising it in the form of a defence for the first time before the Court of Appeal.Pleadings — Part Two · Source page ٢٤٦
  47. Principle 1334An incidental claim. Its meaning. - The court of first instance’s ruling that an incidental claim is inadmissible because its conditions are not met. Thereby exhausts its jurisdiction. Appealing it. Its effect. The CourtPleadings — Part Two · Source page ٢٤٦
  48. Principle 1339The scope of the case is determined by the judicial demand commencing the proceedings and by incidental claims submitted in accordance with the law. Determining that. A matter for the trial court, so long as it is reasonPleadings — Part Two · Source page ٢٤٦
  49. Principle 1340Determination of the scope of the action by the judicial claim, whether original or incidental, around which the proceedings revolve. The effect of this. The judge and the parties are bound by this determination. - ConfiPleadings — Part Two · Source page
  50. Principle 1341An objection to a payment order. It constitutes new litigation in which the objector is deemed to be the plaintiff. The court hearing the objection has jurisdiction over incidental claims in addition to its jurisdiction Pleadings — Part Two · Source page
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