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. دعوى التطليق

    Principle 1993An action to establish a major irrevocable divorce. Its connection with public policy. Effect. Intervention by the Public Prosecution is mandatory. Basis thereof. Articles 337, 338, Law 51 of 1984.Pleadings — Part Two · Source page ٣٦٣
  2. Principle 1994An action for judicial divorce on grounds of harm. The court must intervene to end the dispute amicably. This relates to public policy. Reconciliation between them proves impossible. Its effect. The court's taking the arPleadings — Part Two · Source page ٣٦٣

  3. دعوى النسب

    Principle 1995An obedience action. Its difference from an action for judicial divorce. This means that a judgment requiring the wife to enter into obedience to her husband does not negate her allegation of harm in the action for judicPleadings — Part Two · Source page ٣٦٤
  4. Principle 1996Establishing lineage to a deceased person may only occur within a claim to a right or property against a legally proper adversary. The reason thereof. Paternity or filiation after the death of the father or son is not soPleadings — Part Two · Source page ٣٦٤
  5. Principle 1998An action denying lineage. Hearing it from someone other than the father, mother, or son. Impermissible unless a financial right is connected thereto.Pleadings — Part Two · Source page ٣٦٤
  6. Principle 1999Applications concerning filiation and correction of names. They must be submitted to the committee formed to investigate these applications before being submitted to the judiciary, from the effective date of Law 1/1988. Pleadings — Part Two · Source page ٣٦٤
  7. Principle 2000Requests concerning lineage and correction of names. They must be submitted to the competent committee for investigation before submission to the judiciary, from the effective date of Decree-Law 1/1988. Contravention thePleadings — Part Two · Source page ٣٦٤
  8. Principle 2001The filiation action that is admissible only within another right is one in which there is a dispute over filiation, whether to establish or deny it. If it is not disputed and the matter is confined to correcting the namPleadings — Part Two · Source page ٣٦٥
  9. Principle 2002Personal Status Law 51/1984. Its scope of application as to persons. Those to whom the Maliki school applies, to the exclusion of others. - The rule in the Ja'fari school. The child belongs to the marital bed. Thus, a maPleadings — Part Two · Source page ٣٦٥
  10. Principle 2003Establishment of filiation to a deceased person. Its cases. Their absence. Its effect. A ruling that the action is inadmissible. Example.Pleadings — Part Two · Source page ٣٦٥
  11. Principle 2004Filiation to a deceased person may be established only within an action concerning a right or property. Reason therefor. - An action brought to establish filiation to a deceased person without being brought within anothePleadings — Part Two · Source page ٣٦٥
  12. Principle 2006An action to establish or deny lineage. What is required for it to be heard. A claim therein to a right relating to property, with that claim being its primary purpose. The reason for this. - The respondents' claims beinPleadings — Part Two · Source page ٣٦٥
  13. Principle 2007Claiming descent from a deceased person may only be within an action concerning a right or property against a legally proper defendant. The reason for this. - An action for correction of a name without seeking this withiPleadings — Part Two · Source page ٣٦٦
  14. Principle 2008Lineage to a deceased person may be established only within an action concerning a right or property against a proper opposing party under Sharia. The rationale thereof. - An intentional opposing party and a constructivePleadings — Part Two · Source page ٣٦٦
  15. Principle 2009Establishing lineage to a deceased person is like rendering judgment against an absent person. It is impermissible except against a present adversary. The nature of this adversary. An action to establish lineage to a decPleadings — Part Two · Source page ٣٦٦
  16. Principle 2010Filiation to a deceased person. It is established only within an action concerning a right or property against a proper adversary under Sharia. The rationale: establishing filiation to a deceased person requires a judgmePleadings — Part Two · Source page ٣٦٦

  17. دعوى الطاعة

    Principle 2011Actions brought in the event of a dispute over lineage, the determination of which depends on the outcome of the examination of the question of lineage. The Public Prosecution must intervene therein. Articles 337 and 338Pleadings — Part Two · Source page ٣٦٧

  18. دعوى النشوز

    Principle 2013An action for obedience and an action for marital disobedience. Their difference from an action for divorce on grounds of harm. Reason therefor. The former is based on desertion and the wife’s breach of the duty of sharePleadings — Part Two · Source page ٣٦٧

  19. دعوى اللعان

    Principle 2014Admissibility of an action for marital disobedience. Its condition. Service of the obedience judgment on the wife and her refusal to comply with it. The court must ascertain this. - 367 - Civil Procedure 7- The Action foPleadings — Part Two · Source page ٣٦٧
  20. Principle 2015Establishment of a child's paternal lineage by the marital bed. Its condition. The existence of marriage and the passage of at least six lunar months thereof, with the possibility of meeting. Denial of this lineage. Its Pleadings — Part Two · Source page ٣٦٨
  21. Principle 2016Denial of a child's paternity. Its condition. It must occur within seven days of birth or knowledge thereof, and the father must not have acknowledged the child expressly or implicitly. - Action for li‘an (mutual imprecaPleadings — Part Two · Source page ٣٦٨

  22. دعوى الميراث والوصية والوقف

    Principle 2017Lineage according to the Maliki school. Its establishment by the marital bed, acknowledgment, or evidence. - The marital bed. Its meaning. It is the marital relationship existing between the man and woman at the commencePleadings — Part Two · Source page ٣٦٨
  23. Principle 2018Actions brought by or against the estate, whether those in which the heir sues or is joined seeking a judgment recognizing its right, or where a judgment against the estate is sought in his presence. His standing as a liPleadings — Part Two · Source page ٣٦٩
  24. Principle 2019An inheritance action. Its nature and lapse of the right thereto. Its difference, as regards the limitation period, from a dispute relating to ownership of the property which through inheritance. Example.Pleadings — Part Two · Source page ٣٦٩
  25. Principle 2020The provisions of Law 5 of 1971 concerning the obligatory bequest are couched in general terms. Its effect. Its provisions apply to all Kuwaitis without exception or distinction between adherents of any school of doctrinPleadings — Part Two · Source page ٣٦٩

  26. دعوى الهبة

    Principle 2021Laws relating to prescription. They apply from their entry into force to every prescription period that has not been completed, pursuant to the immediate effect of legislation. The prescription period that has elapsed, dPleadings — Part Two · Source page ٣٦٩

  27. دعوى الحسبة

    Principle 2022A gift is a pecuniary contract whose provisions the legislature derived from Islamic jurisprudence without adherence to a particular school. Regulation of the provisions of the gift contract in the Civil Code after excluPleadings — Part Two · Source page ٣٧٠

  28. دعوى الصداق والنفقة

    Principle 2023Discontinuance of proceedings does not apply to actions whose subject matter concerns public order. An example thereof. Charitable bequests. The rationale for that. They involve an act of charity, so their fate is not tiPleadings — Part Two · Source page ٣٧٠
  29. Principle 2024Restricting the hearing of an action to increase or decrease maintenance to the passage of 1 year. Confined to spousal maintenance, not relatives' maintenance. The rationale. - 370 - Civil Procedure - Judgments issued inPleadings — Part Two · Source page ٣٧٠
  30. Principle 2025Maintenance during the waiting period. Entitlement thereto runs from the date it becomes due. It is extinguished only by payment or release. The rule in Article 78 of the Personal Status Law precluding the hearing of an Pleadings — Part Two · Source page ٣٧١

  31. الدعوى المتعلقة بالعقيدة الدينية

    Principle 2026Hearing an action to increase or reduce maintenance. Impermissible before a year has elapsed since its imposition, except in exceptional supervening cases. Reason therefor. Foreclosing malicious actions and avoiding disrPleadings — Part Two · Source page ٣٧١
  32. Principle 2027Matters connected with religious belief. Rulings therein are based on the acknowledgment expressed by the outward words spoken. Its import. The judge hearing the action may not investigate its motives and reasons. Its coPleadings — Part Two · Source page ٣٧١

  33. دعوى تصحيح الأسماء

    Principle 2028Matters connected with religious belief. Rulings therein are based on the acknowledgment expressed by the outward words spoken, so long as it is not contradicted by the apparent circumstances. - Personal Status Law 51 ofPleadings — Part Two · Source page ٣٧١
  34. Principle 2029Actions for correction of names which the Personal Status Circuit has jurisdiction to hear. They are actions brought where lineage is disputed. Example. Concerning an action for correction of a name in which lineage is nPleadings — Part Two · Source page ٣٧٢
  35. Principle 2030Actions for correction of names in which the Public Prosecution must intervene. Their nature. Actions disputing lineage whose determination depends on the outcome of the investigation into the question of lineage.Pleadings — Part Two · Source page ٣٧٢

  36. - الدعوى العمالية والنقابات

    Principle 2031A request to correct or change names. It can concern only something existing, either recorded incorrectly and sought to be corrected, or undesired and sought to be changed. Adding a name initially that had no prior existPleadings — Part Two · Source page ٣٧٢
  37. Principle 2032The requirement that the worker first submit his application to the Ministry of Social Affairs and Labour. It is confined to pursuing the route of a labour action. It has no application when resorting to arbitration. ThePleadings — Part Two · Source page ٣٧٢
  38. Principle 2033Defining the scope of the action, in subject matter and cause, as the assertion of labour rights pursuant to the Labour Law. There is no scope for applying the provisions of the Civil Code to it.Pleadings — Part Two · Source page ٣٧٢
  39. Principle 2034The application submitted by the worker to the Ministry of Social Affairs. Its nature. The procedure by which - 372 - Procedure judicial demands in labor actions commence. Its implication: it produces the effects producePleadings — Part Two · Source page ٣٧٢
  40. Principle 2035The action brought by the worker. It becomes time-barred upon the lapse of a year from the termination of the contract.Pleadings — Part Two · Source page ٣٧٣
  41. Principle 2036The procedure by which litigation concerning the rights provided for in the Social Insurance Law begins is to claim them from the Social Insurance Institution. A grievance against the Institution's decision in this regarPleadings — Part Two · Source page ٣٧٣
  42. Principle 2037An action seeking the addition of a period to the period counted towards the pension. Its subjection to the time limits prescribed in the Social Insurance Law.Pleadings — Part Two · Source page ٣٧٣
  43. Principle 2038The worker's submission of an application to the Ministry of Social Affairs and Labor is the sole procedure for bringing a labor action. Submission of the application does not prevent the worker from amending his claims Pleadings — Part Two · Source page ٣٧٣
  44. Principle 2040The application submitted by a worker to the Ministry of Social Affairs and Labour to claim his employment rights. The legislature has prescribed no particular wording for drafting it or special method for submitting it.Pleadings — Part Two · Source page ٣٧٣
  45. Principle 2041The impermissibility of making new claims on appeal. A fundamental rule concerning public policy. An exception thereto permits adding wages, salaries, all ancillary amounts, and increases in compensation to the original Pleadings — Part Two · Source page ٣٧٤
  46. Principle 2042Inadmissibility of an application to modify rights established under the Social Insurance Law after the expiry of two years from the date of assessment or payment, save for the exceptions provided. Article 108. The excepPleadings — Part Two · Source page ٣٧٤
  47. Principle 2044A labour action shall not be heard after a year from the termination of the employment contract. This period is subject to suspension and interruption. Example. - The worker’s submission of an application to the MinistryPleadings — Part Two · Source page ٣٧٤
  48. Principle 2045The worker’s submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for bringing a labour action. The effect thereof. Bringing it by another route. Impermissible.Pleadings — Part Two · Source page ٣٧٤
  49. Principle 2046The worker must submit a request to the Ministry of Social Affairs before bringing his action. The basis for this and its rationale.Pleadings — Part Two · Source page
  50. Principle 2047An action claiming labor rights. It is brought by the application submitted by the worker to the Ministry of Social Affairs and Labor. Where settlement is not completed and the dispute is referred to the Court of First IPleadings — Part Two · Source page
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