المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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 الاستحقاق الفرعية

    Principle 2106A request for a judgment establishing entitlement to the disputed property, the ineffectiveness against him of the judgment issued in the sale actions, and the nullity of enforcement proceedings against that property, baPleadings — Part Two · Source page ٣٨٦
  2. Principle 2107The incidental ownership action is brought by a third party during enforcement proceedings, seeking entitlement to all or part of the real property subject to enforcement and the invalidation of the enforcement proceedinPleadings — Part Two · Source page ٣٨٧
  3. Principle 2108An incidental action asserting title. It is fundamentally an ownership action. A judgment dismissing it entails the absence of possessor status on the part of its claimant. And his lack of entitlement to seek invalidatioPleadings — Part Two · Source page ٣٨٧
  4. Principle 2109An ancillary action claiming ownership. It is brought by a third party during enforcement proceedings, seeking entitlement to all or part of an immovable property and, consequently, invalidation of the enforcement proceePleadings — Part Two · Source page ٣٨٧

  5. - دعوى الاسترداد

    Principle 2110An incidental ownership action. Its nature. Its basis is ownership of the attached real property through a registered contract, possession for the long period conferring ownership by prescription, or any means of acquiriPleadings — Part Two · Source page ٣٨٧

  6. - دعوى الاستغلال

    Principle 2111Interest collected by a creditor on his debt. Interest may not be collected on accrued interest, nor may the total interest exceed the principal. Exception. Cases in which the Commercial Code permits the collection of coPleadings — Part Two · Source page ٣٨٧

  7. - دعوى الإلغاء

    Principle 2112An action based on exploitation. Lapses after 1 year beginning on the date of the contract, unless the exploitation is based on overwhelming passion or moral ascendancy, in which case the forfeiture period begins on the Pleadings — Part Two · Source page ٣٨٨
  8. Principle 2113Action for annulment of an administrative decision. An action in rem whose subject is challenging the administrative decision itself. - A ruling that an action for annulment of an administrative decision is inadmissible Pleadings — Part Two · Source page ٣٨٨
  9. Principle 2114The time limit for bringing an annulment action. The general rule governing its commencement where a grievance is made against it. - The lapse of sixty days after submission of the grievance without the administration rePleadings — Part Two · Source page ٣٨٨
  10. Principle 2115A nonexistent administrative decision and its nature. The administration's right to withdraw it at any time because it has descended to the level of nonexistence. - A voidable administrative decision. Its nature. It remaPleadings — Part Two · Source page ٣٨٩
  11. Principle 2116Administrative decisions open to challenge by annulment. Their nature. An administrative decision may be negative.Pleadings — Part Two · Source page ٣٨٩
  12. Principle 2117Challenging administrative decisions by annulment. Its time limit is 60 days. Interruption of the time limit by an administrative grievance lodged before bringing the annulment action and expiration of the period for decPleadings — Part Two · Source page ٣٨٩
  13. Principle 2118A decision implementing an administrative contract. A dispute concerning it falls not within annulment jurisdiction but within full jurisdiction. - Contracts concluded between the administration and non-Kuwaiti employeesPleadings — Part Two · Source page ٣٨٩
  14. Principle 2119The Administrative Circuit of the Court of First Instance. Its jurisdiction over applications for annulment. The condition that their subject be an administrative decision.Pleadings — Part Two · Source page ٣٨٩
  15. Principle 2120The time limit for bringing an action to annul an administrative decision. Sixty days. This time limit is interrupted by a grievance to the authority issuing the decision or its superior authority. The time for submittinPleadings — Part Two · Source page ٣٨٩
  16. Principle 2121The administrative decision. Its nature. The implementing decision. Its non-subjection to annulment jurisdiction. The reason for this.Pleadings — Part Two · Source page ٣٩٠
  17. Principle 2122Applications for annulment of administrative decisions are admissible only after a grievance against them has been submitted to the authority that issued them or its superior authority and the prescribed periods for deciPleadings — Part Two · Source page ٣٩٠
  18. Principle 2123The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to adjudicate actions for compensation for damage arising from defective administrative decisions, even if brought before it as origPleadings — Part Two · Source page ٣٩٠
  19. Principle 2124The time limit for challenging administrative decisions by annulment is sixty days. Its interruption. By an administrative grievance before bringing the annulment action and the expiry of the prescribed time limit for dePleadings — Part Two · Source page ٣٩٠
  20. Principle 2125An action for annulment of an administrative decision. An action in rem directed at the administrative decision under challenge. Example concerning promotion by selection.Pleadings — Part Two · Source page ٣٩٠
  21. Principle 2128An action to annul an administrative decision. The time limit for bringing it. Sixty days. Its interruption by an administrative grievance.Pleadings — Part Two · Source page ٣٩١
  22. Principle 2129A request to deem a resignation as if it had never occurred or to declare it invalid. In reality, it is no more than a request for a judgment annulling the decision accepting it. Its subjection to the time limits and forPleadings — Part Two · Source page ٣٩١
  23. Principle 2131The administrative authority's refusal to take a decision required by a law or regulation. A negative administrative decision. Its silence as to taking a decision that the law leaves entirely to its discretion. Not a negPleadings — Part Two · Source page ٣٩١
  24. Principle 2132An action for annulment of an administrative decision. An objective action challenging the unlawful decision itself. What does not prevent continuing to hear it. Example.Pleadings — Part Two · Source page ٣٩٢
  25. Principle 2133Judgments annulling an administrative decision. They have in rem res judicata effect against everyone. - The dispute in an annulment action. Its nature. Example.Pleadings — Part Two · Source page ٣٩٢
  26. Principle 2134The requirement of a direct personal interest necessary for the admissibility of an annulment action. Its nature. Example. Ascertainment of that interest. A matter of fact.Pleadings — Part Two · Source page ٣٩٢
  27. Principle 2135The administrative decision. Its nature. Example. - The time limit for challenging administrative decisions by annulment. Sixty days from the date of publication of the decision, notification thereof to the person concerPleadings — Part Two · Source page ٣٩٢
  28. Principle 2136The legislature fixed the time limit for bringing an action to annul administrative decisions at sixty days. Its running is interrupted by an administrative grievance. Expiry of that period without a response. Its meaninPleadings — Part Two · Source page ٣٩٢
  29. Principle 2137The Department of Legal Opinions and Legislation is the body entrusted with examining a grievance against an administrative decision, expressing an opinion thereon, and following the course of the administrative action cPleadings — Part Two · Source page ٣٩٢
  30. Principle 2138The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications for annulment. When they are admissible. Administrative grievance. Mandatory. Example. - Performance appraisal repoPleadings — Part Two · Source page ٣٩٣
  31. Principle 2139The time limit for challenging administrative decisions. Sixty days. This time limit is interrupted by the administrative grievance that must be made before bringing the annulment action, and awaiting the expiry of the pPleadings — Part Two · Source page ٣٩٣
  32. Principle 2141The time limit for challenging administrative decisions by an annulment action. 60 days from the date the person concerned is notified of the decision. The time limit is interrupted by an administrative grievance. - ReguPleadings — Part Two · Source page ٣٩٣
  33. Principle 2142Disputes concerning an administrative decision. Matters and circumstances arising during consideration of the action do not extinguish the original litigation or render it concluded. Its implication: reduction of the disPleadings — Part Two · Source page ٣٩٤
  34. Principle 2146Annulment action. An action in rem whose subject is to challenge the decision itself. Consequence thereof. The statement of claim must contain particulars identifying the contested decision so as to leave no room for douPleadings — Part Two · Source page ٣٩٤
  35. Principle 2149Applications for annulment prescribed in Article 1 of Decree-Law 20/1981. Inadmissible unless a grievance has been submitted against them to the authority that issued them or its superior authority and the prescribed perPleadings — Part Two · Source page ٣٩٥
  36. Principle 2150An annulment action. The proceedings therein are in rem. Their basis. Reviewing the legality of the administrative decision and challenging it. Consequence thereof. A judgment of annulment extinguishes the decision, so tPleadings — Part Two · Source page ٣٩٥
  37. Principle 2151An annulment action. It is an action in rem whose subject is challenging the administrative decision. - The court of first instance’s ruling that the administrative decision has become immune because no annulment action Pleadings — Part Two · Source page ٣٩٥
  38. Principle 2152Litigation in an annulment action is litigation in rem, founded on challenging the administrative decision itself with the aim of reviewing its legality. Consequence thereof. The administrative decision is an essential pPleadings — Part Two · Source page ٣٩٦
  39. Principle 2154The administrative decision that is the subject of an annulment action. Its nature. Exchanges of information among administrative authorities do not in themselves produce legal effects, do not possess the constituent elePleadings — Part Two · Source page ٣٩٦
  40. Principle 2155The administrative authority's expression of its will. Its manner. Either through decisions issued by it pursuant to discretionary authority conferred by law, or pursuant to a bound authority in which it has no freedom oPleadings — Part Two · Source page ٣٩٦
  41. Principle 2156An action to annul administrative decisions. It must be brought within sixty days from the date of publication of the challenged administrative decision in the Official Gazette or in bulletins issued by government departPleadings — Part Two · Source page ٣٩٧
  42. Principle 2157An administrative decision: an act by which the administrative authority expresses its binding will, by virtue of its authority under laws, decisions and regulations, with the intention of producing a specific legal effePleadings — Part Two · Source page ٣٩٧
  43. Principle 2158The jurisdiction to annul administrative decisions vested in the Administrative Circuit. Its limitation to the decisions stipulated in Article (1) of Law 20 of 1981 establishing an Administrative Circuit at the Court of Pleadings — Part Two · Source page ٣٩٨
  44. Principle 2159Applications to annul decisions assigning employees on secondment. Their exclusion from the jurisdiction of the Administrative Circuit. The criterion: where the administrative authority intended those decisions to producPleadings — Part Two · Source page ٣٩٨
  45. Principle 2160Litigation in an annulment action. In rem. Its basis: challenging the administrative decision itself. The annulment action must be directed against the administrative decision. Absence of the decision. The prerequisite fPleadings — Part Two · Source page ٣٩٩

  46. - دعوى التسوية

    Principle 2161Annulment jurisdiction is fundamentally a jurisdiction of legality. - Review by the administrative judiciary, when exercising its jurisdiction in annulment actions and reviewing the legality of the contested decision. ItPleadings — Part Two · Source page ٣٩٩

  47. - دعوى المطالبة بالضرائب

    Principle 2162An adjustment action in which an employee seeks his right derived directly from the law. The claim therein is not subject to the time limits for an annulment action. The Administrative Circuit has jurisdiction to hear itPleadings — Part Two · Source page ٣٩٩
  48. Principle 2163Taxes and fees due to the State. Their prescription upon the lapse of five years from the end of the year in which they become due. - The event giving rise to tax. Its nature. Placing the income subject thereto at the taPleadings — Part Two · Source page
  49. Principle 2164An arbitral award. The rule is that it may not be appealed; the means of challenging it is an independent nullity action in certain exhaustively specified cases. These cases must not be used as a means to challenge the aPleadings — Part Two · Source page
  50. Principle 2165Valid issuance of a judgment. Examination of its defects is through the prescribed means of appeal. - Bringing an original action for nullity of a judgment or pleading its nullity. Its cases. The judgment's lack of one oPleadings — Part Two · Source page
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