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. - الدعوى العمالية والنقابات

    Principle 2048The worker’s submission of an application to the Ministry of Social Affairs and Labour. It is the sole essential procedure that the law requires the worker to undertake. - A ruling deeming the action as if it had never ePleadings — Part Two · Source page ٣٧٥
  2. Principle 2049The sole procedure that the worker must undertake in labor actions. Its nature. - Failure of an amicable settlement between the worker and the employer. The latter may summon the employer by a statement of claim to appeaPleadings — Part Two · Source page ٣٧٥
  3. Principle 2050A labour action. It must be preceded by an application submitted by the worker to the Labour Department to claim his rights. - Failure to renew an action after its striking out. Its effect. It is deemed never to have exiPleadings — Part Two · Source page ٣٧٥
  4. Principle 2051Actions brought by workers pursuant to the Private Sector Labour Law are exempt from fees, are heard expeditiously, and may not be heard after 1 year from termination of the contract. Barring the hearing of an action forPleadings — Part Two · Source page ٣٧٥
  5. Principle 2052The worker’s submission of an application containing his complaint to the Ministry of Social Affairs and Labour. It is the legal means by which the court becomes seised of the labour action. Consequence thereof: the extiPleadings — Part Two · Source page ٣٧٥
  6. Principle 2053The application submitted by the worker to the Labor Department to claim his labor rights is the procedure by which the judicial claim in a labor action begins. - The worker's bringing his action directly without followiPleadings — Part Two · Source page ٣٧٦
  7. Principle 2054Failure to reinstate a labour action after its striking out within the prescribed time entails its being deemed never to have existed, resulting in its extinction, including its originating statement of claim. The conseqPleadings — Part Two · Source page ٣٧٦
  8. Principle 2055Judicial demands in labor actions commence with the worker's submission of an application to the Ministry of Social Affairs and Labor. It is the sole procedure imposed by law on the worker. It produces the effects producPleadings — Part Two · Source page ٣٧٦
  9. Principle 2056Submission of an application to the Ministry of Social Affairs. A procedure the worker must undertake as the legal gateway to a labour action. The action lacking this application. Its effect. Its inadmissibility. The necPleadings — Part Two · Source page ٣٧٦
  10. Principle 2057The application submitted by the worker to the Ministry of Social Affairs is the procedure by which the labour action commences if the dispute is not settled. The worker may not institute his action either by a statementPleadings — Part Two · Source page ٣٧٧
  11. Principle 2058The Social Insurance Institution is entrusted with fulfilling the insurance entitlements of the Kuwaiti worker. Joining it as a party at all stages of the dispute. Its being considered a genuine opposing party. The necesPleadings — Part Two · Source page ٣٧٧
  12. Principle 2060Subject-matter jurisdiction. In principle, it is attributed to the court, not its circuits. Assignment of particular actions to different circuits by a decision of the general assembly. An administrative distribution of Pleadings — Part Two · Source page ٣٧٧
  13. Principle 2063Jurisdiction of the labor circuit of the Court of First Instance. Its scope. A claim for compensation based on the provisions of tort liability. The labor circuit has no jurisdiction to hear it, and its claimant is not rPleadings — Part Two · Source page ٣٧٨
  14. Principle 2064The application submitted by the worker to the Ministry of Social Affairs and Labour is the sole procedure by which the judicial claim begins. Taking the remaining procedures until the dispute is placed before the court.Pleadings — Part Two · Source page ٣٧٨
  15. Principle 2065The contract concluded between the worker and the employer after termination of the employment relationship. Its inclusion of a settlement of the worker's end-of-service gratuity entitlements and fixing them as a lump suPleadings — Part Two · Source page ٣٧٨
  16. Principle 2066The worker's failure to resort to the authority competent to issue the appropriate decision for transferring his sponsorship to another employer. His bringing an action directly seeking entitlement to transfer his residePleadings — Part Two · Source page ٣٧٩
  17. Principle 2067The worker’s submission of an application to the Ministry of Social Affairs and Labour. It is regarded as the procedure embodying the unequivocal demand submitted to the court to obtain the right sought from the employerPleadings — Part Two · Source page ٣٧٩

  18. - الدعوى الأصلية ودعوى الضمان الفرعية

    Principle 2069The incidental indemnity action is independent of the original action, even if connected with it. The person bringing it is obliged to pay its fee.Pleadings — Part Two · Source page ٣٧٩
  19. Principle 2070An indemnity action is independent of the principal action and is not considered a defence or plea therein. The judgment rendered in the principal action is not considered a determination of the indemnity action. Effect Pleadings — Part Two · Source page ٣٧٩
  20. Principle 2071An indemnity action is independent of the original action and is not a plea or defence therein. The ruling in the original action entails an implied ruling in the indemnity action. The court's failure to determine it expPleadings — Part Two · Source page ٣٨٠
  21. Principle 2072Compensation in an action to rescind a sale contract. Its basis is tort liability. In a warranty action, its cause is the contract. Basis thereof. - The debtor's failure to perform his obligation. Consequence. The creditPleadings — Part Two · Source page ٣٨٠
  22. Principle 2073The owner of a movable, if it is lost or stolen, may recover it from whoever possesses it under a valid title and in good faith within three years from the date of loss. The general rule is its recovery without paying anPleadings — Part Two · Source page ٣٨٠

  23. - دعوى إثبات الحالة

    Principle 2074Joining the guarantor. Its effect. Becoming a party to the original proceedings. He may challenge the judgment rendered therein even if the claimant under the guarantee accepts it. The condition for this. That there be aPleadings — Part Two · Source page ٣٨٠
  24. Principle 2075Urgent action to establish a state of affairs. Its meaning. The measure issued therein does not extend to affecting the substantive right, jurisdiction to adjudicate which belongs exclusively to the court of the merits. Pleadings — Part Two · Source page ٣٨٠
  25. Principle 2076An objection alleging the invalidity of an expert's report based on the report's contravention of law or public policy does not belong in an action to record an existing state of affairs. Its proper place is the action oPleadings — Part Two · Source page ٣٨١
  26. Principle 2077An action to establish the existing state of affairs. Its purpose. Taking a provisional measure among purely conservatory measures. The measure issued therein does not extend to affecting the substance of the right, juriPleadings — Part Two · Source page ٣٨١
  27. Principle 2078A claim in respect of which no judgment terminating the litigation before the court is issued. Costs may not be awarded in respect thereof. - An action to establish a condition. It ends as soon as the court completes thePleadings — Part Two · Source page ٣٨١

  28. - دعوى استرداد ما دفع بغير حق

    Principle 2080Delivery of what is not due. Its sufficiency to impose on the recipient an obligation to return it. The basis thereof. Unjust enrichment at another’s expense by what he received. The reason why it was not due is immateriPleadings — Part Two · Source page ٣٨٢
  29. Principle 2081An action to recover what was paid without entitlement, which is a form of enrichment. When it becomes time-barred.Pleadings — Part Two · Source page ٣٨٢

  30. - دعوى اعتراض الخارج عن الخصومة

    Principle 2082Receipt of what is not due. It suffices to impose an obligation of restitution upon the recipient, on the basis that he is unjustly enriched at another’s expense by what he received. Whether something is not due is deterPleadings — Part Two · Source page ٣٨٢

  31. - دعوى الإثراء بلا سبب

    Principle 2084The rule of unjust enrichment. There is no scope for its application where a contract exists. - Invalidity of the contract and its disregard as the basis of the action. Its effect. Recourse by an action for unjust enrichPleadings — Part Two · Source page ٣٨٣
  32. Principle 2085The plaintiff in an action for delivery of what is not due is the creditor who recovers what he paid without legal entitlement.Pleadings — Part Two · Source page ٣٨٣
  33. Principle 2086Any person may discharge another’s debt provided that he owns the thing delivered to the creditor in payment. Its effect. Discharge of the debtor’s liability. - The payer may have recourse against the debtor for the amouPleadings — Part Two · Source page ٣٨٣
  34. Principle 2087No action for unjust enrichment lies where a contractual relationship exists between the parties to the litigation.Pleadings — Part Two · Source page ٣٨٣
  35. Principle 2088The existence of a contractual relationship. Its necessary consequence. No action for unjust enrichment arises. The reason therefor.Pleadings — Part Two · Source page ٣٨٣
  36. Principle 2089An unjust enrichment action is time-barred upon the passage of three years from the day on which the person suffering damage learns of his right to compensation, or upon the expiry of fifteen years from the day on which Pleadings — Part Two · Source page ٣٨٣
  37. Principle 2090Equivalent performance has its basis in enrichment without cause. - An action for enrichment without cause. When it lapses. - The limitation period for an action for enrichment without cause begins when the person sufferPleadings — Part Two · Source page ٣٨٣
  38. Principle 2091An action for enrichment without cause becomes time-barred upon the passage of three years from the day the injured person learns of his right to compensation, or upon the expiration of fifteen years from the day that riPleadings — Part Two · Source page ٣٨٤
  39. Principle 2092The obligation to provide equivalent performance. Its direct source. The rule of unjust enrichment. - An unjust enrichment action is time-barred upon the lapse of three years from the day on which the injured person learPleadings — Part Two · Source page ٣٨٤
  40. Principle 2094An unjust enrichment action cannot lie where a contractual relationship exists between the parties to the litigation. Example.Pleadings — Part Two · Source page ٣٨٤
  41. Principle 2095Action for unjust enrichment. When it becomes time-barred. - Plea of limitation. Its effect. The court of merits must examine its legal conditions, suspension and interruption. - The prescribed period for barring the heaPleadings — Part Two · Source page ٣٨٤
  42. Principle 2096The determining factor for the commencement of the limitation period for an unjust enrichment action is the injured person's actual knowledge of his right to compensation. This occurs only on the day the final judgment oPleadings — Part Two · Source page ٣٨٥
  43. Principle 2097Enrichment without lawful cause at another's expense. Its consequence. The enriched person is obliged, within the limits of his enrichment, to compensate that other person so as to eliminate his loss. The other person maPleadings — Part Two · Source page ٣٨٥
  44. Principle 2098The existence of a contractual relationship between the parties to the proceedings. Its effect. No unjust enrichment action lies. The rationale for that. - Calculation of the worker’s end-of-service gratuity in accordancPleadings — Part Two · Source page ٣٨٥
  45. Principle 2099The rule of unjust enrichment. It may not be applied where a contract governs the relationship between the parties. Invalidity of the contract or its disregard as the basis of the action. Either contracting party may havPleadings — Part Two · Source page ٣٨٥
  46. Principle 2100Unjust enrichment. There is no scope for applying its rules where a contract exists between the parties. The reason for this. - Invalidity of the contract or its being disregarded as a basis for the action. Either contraPleadings — Part Two · Source page ٣٨٥

  47. - دعوى الإدارة لاستيفاء حقوقها

    Principle 2101An action for unjust enrichment. It is barred upon the lapse of three years from the day on which the person suffering damage becomes aware of his right to compensation. - 385 - Procedure - The administration’s action toPleadings — Part Two · Source page ٣٨٥

  48. - الدعوى الوقتية

    Principle 2102The administrative authority may enforce its administrative decisions directly without a judicial judgment, according to the requirements of the public interest. Its subjection to judicial review in this regard. It may rPleadings — Part Two · Source page ٣٨٦
  49. Principle 2103The grievance brought by the person whose property is attached against the order of the judge of interim matters. Outside his jurisdiction when considering the grievance is a ruling deeming the attachment never to have ePleadings — Part Two · Source page
  50. Principle 2105The plaintiff's request in an original ownership action brought before commencement of enforcement and sale procedures, in addition to his request to confirm his ownership of the real property, for a judgment that the juPleadings — Part Two · Source page
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