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
Search this collectionالطلبات العارضة والإدخال والتدخل
Principle 161Incidental claims by the defendant. Their restriction to the first instance. Impermissibility of raising them on appeal. The reason for this.Pleadings — Part Two · Source page ٣٢- Principle 162A judicial claim is a procedure directed to the court against the defendant, by which the scope of the action is determined for both the parties and the judge. - The criterion for identifying a party to the action is thePleadings — Part Two · Source page ٣٢
- Principle 163The court deciding the merits may join a third party to the action as it considers conducive to the interests of justice or to revealing the truth of the dispute. Joinder by a litigant. Does not depend on permission beinPleadings — Part Two · Source page ٣٣
- Principle 164The court of merits. It must adhere to the parties' claims. It is not at fault if it does not consider awarding equivalent performance not sought by the party.Pleadings — Part Two · Source page ٣٣
- Principle 165Judicial set-off. How it is raised. It is not a condition for effecting it that each of the two debts be undisputed and of a known amount. Example.Pleadings — Part Two · Source page ٣٣
- Principle 166The nullity of a contract concluded by a non-Kuwaiti owing to the prohibition in the Commercial Law does not prevent him from claiming his rights on another legal basis. - The cause of action may be changed while the subPleadings — Part Two · Source page ٣٣
- Principle 167Judicial set-off. Its implementation requires that it be raised as an incidental claim submitted by the defendant in response to the opposing party’s original action. It may not be requested in the form of a plea or for Pleadings — Part Two · Source page ٣٣
- Principle 169The claimant and the defendant may join in the action anyone who could properly have been made a party when it was brought, through the ordinary procedures for bringing an action or at the hearing if the person sought toPleadings — Part Two · Source page ٣٤
- Principle 170Intervention asserting an independent claim in the action. Its effect. The intervener is considered a party to the action like the original parties, assumes the position of claimant vis-à-vis the claimant and defendant, Pleadings — Part Two · Source page ٣٤
- Principle 171Incidental claims that alter the scope of the same proceedings and are connected with the original claim. Permissibility of raising them during the hearing of the proceedings. The reason for this. The final claims are dePleadings — Part Two · Source page ٣٤
- Principle 173Joinder of a person who could properly have been made a party to the action when it was instituted. Not dependent on permission being issued by the court hearing the merits. Article 86, Civil Procedure Law.Pleadings — Part Two · Source page ٣٤
- Principle 174Judicial set-off. Its condition: it must be presented in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It may not be sought in the form of a plea to the opponenPleadings — Part Two · Source page ٣٤
- Principle 175Intervention asserting an independent claim. Its nature. The application to intervene must be determined before the merits of the original action are determined. The reason for that. It enters into the very substance of Pleadings — Part Two · Source page ٣٤
- Principle 176Limitation of the intervening party’s claims to supporting the original party’s claims. Its implication. Such intervention is deemed supportive intervention. Its consequence. It may be requested for the first time beforePleadings — Part Two · Source page ٣٥
- Principle 177The female appellant’s failure to appear before the court of first instance. The incidental claim submitted by him before the Court of Appeal. Impermissible. The judgment’s disregard thereof does not vitiate it.Pleadings — Part Two · Source page ٣٥
- Principle 178An incidental claim. Its nature and how it is raised. Example concerning a claim for nullity of a contract in an action for validity and enforceability. - A financial violation in performing a procedural act does not entPleadings — Part Two · Source page ٣٥
- Principle 179Admissibility of incidental claims. Its condition. - Judicial set-off. Its condition: that it be presented in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It mPleadings — Part Two · Source page ٣٥
- Principle 180Joining on appeal a person who was not a party before the court of first instance. Impermissible. Example.Pleadings — Part Two · Source page ٣٥
- Principle 181Judicial set-off. Its condition. It must be presented as an incidental claim submitted by the defendant in response to the original action of his opponent. It may not be sought as a defence to the opponent's action, nor Pleadings — Part Two · Source page ٣٥
- Principle 182Permissibility of joining to the action a party to the proceedings who could have been made a party at its commencement. The condition: a connection between the claim directed against the third party sought to be joined Pleadings — Part Two · Source page ٣٥
- Principle 183The court deciding the merits has discretion to assess an application to join a third party to the action to produce documents in his possession. It may disregard it whenever it finds in the action sufficient evidence anPleadings — Part Two · Source page ٣٦
- Principle 184The claimant is free to define the scope of the litigation as regards its parties unless the law requires particular persons to be joined in the action. - A party may join in the action anyone who could properly have beePleadings — Part Two · Source page ٣٦
- Principle 185Intervention asserting an independent claim. Its nature. Conditions for its admissibility: the existence of an interest and a close connection with the original claim such that the proper administration of justice calls Pleadings — Part Two · Source page ٣٦
حق الحضور والمرافعة أمام المحاكم
Principle 186Admission of incidental claims by the plaintiff or defendant. Restricted to those connected with the original action in such a way that the proper administration of justice calls for hearing them together. Assessment thePleadings — Part Two · Source page ٣٦- Principle 187The Public Institution for Social Security. Its Director General represents it in its relations with third parties and before the courts. Employees of the Institution whom he authorizes may appear before the courts and pPleadings — Part Two · Source page ٣٦
إجراءات طلب الرد
Principle 188Decree-Law 35/1978 concerning real estate leases. Contains provisions exceptional to the general provisions of the Law of Procedure, including permission for litigants to appear in person or through persons whom they autPleadings — Part Two · Source page ٣٧إجراءات رد الخبير
Principle 190Court of Cassation. Its jurisdiction to hear an application for recusal of the court. The applicant for recusal is not obliged to deposit security. Effect thereof: no occasion for its forfeiture. 9- Procedures for recusaPleadings — Part Two · Source page ٣٧إجراءات التحكيم ورد المحكم
Principle 191A litigant's lack of confidence in the expert's report for fear of his bias in favour of his opponents. Its necessary consequence. The expert must be challenged. The court's understanding of this and its reliance on thisPleadings — Part Two · Source page ٣٧- Principle 192Waiver of an application to recuse arbitration or abandonment of the proceedings therein after expiry of the time limit for the application. Its implication. Waiver of the right of recusal. - 37 - Civil Procedure - WaivePleadings — Part Two · Source page ٣٧
- Principle 193An arbitrator may be recused on the grounds on which a judge may be recused. - Withdrawal of an application to recuse an arbitrator is not subject to the same rule as withdrawal of an application to recuse a judge.Pleadings — Part Two · Source page ٣٨
- Principle 194An application for the recusal of an arbitrator. The Court of Cassation has jurisdiction to determine it. Article 6, Law 11 of 1995. - The time limit for requesting the recusal of an arbitrator. Its duration and method oPleadings — Part Two · Source page ٣٨
إجراءات تقدير أتعاب المحاماة الفعلية
Principle 195The draft decision of the Arbitration Committee—at the Kuwait Stock Exchange—containing the reasons for determination of the dispute must be signed by the chairman and members of the Committee. Its signature by the majorPleadings — Part Two · Source page ٣٨إجراءات طلب تفسير الحكم
Principle 196Actual lawyers' fees. They are those paid by the successful party in the action to his lawyer whom he instructed to claim his right or defend it. The legislature has not determined these fees according to specified critePleadings — Part Two · Source page ٣٨تدخل النيابة العامة
Principle 201Mandatory intervention by the Public Prosecution in certain personal status cases affecting public order. The meaning of public order in this context. What falls outside that scope. It does not intervene therein. ExamplePleadings — Part Two · Source page ٤٠- Principle 202Mandatory intervention by the Public Prosecution in certain personal status cases. Its instances. When a matter relating to public order and exhaustively specified in Article 338 of Law 51 of 1984 concerning Personal StaPleadings — Part Two · Source page ٤٠
- Principle 203The general rule is that procedural legal rules apply with immediate effect to actions brought while they are in force, even if those actions arose from earlier facts. - Intervention by the Public Prosecution in certain Pleadings — Part Two · Source page ٤٠
- Principle 204Actions concerning lineage and correction of names. Mandatory intervention by the Public Prosecution therein. The reason for this and its relation to public policy. Articles 337, 337 of Personal Status Law 51 of 1984. OmPleadings — Part Two · Source page ٤٠
- Principle 205The Public Prosecution must intervene in cases concerning persons lacking capacity, persons of diminished capacity, absent persons, and missing persons. This relates to public policy. Custody actions. Its intervention thPleadings — Part Two · Source page ٤٠
- Principle 206Mandatory intervention by the Public Prosecution in actions concerning lineage and correction of names. A matter of public policy. Omission thereof. Nullity of the judgment. Its effect: nullity may be invoked at any stagPleadings — Part Two · Source page ٤١
- Principle 207Intervention by the Public Prosecution in certain actions in which the legislature has required its intervention. Its implication. It is considered a party to these actions, possessing all rights prescribed by law for liPleadings — Part Two · Source page ٤١
عوارض الخصومة
Principle 208Intervention by the Public Prosecution in actions concerning lineage and correction of names. Mandatory. The rationale for this. Its being considered a matter of public policy. Articles 337, 338 of Law 51/1984. Example. Pleadings — Part Two · Source page ٤١- Principle 209A stay of the action pending determination of a preliminary issue. The authority of the court of merits to ascertain the degree of seriousness of what arises concerning the preliminary issue upon which judgment in the acPleadings — Part Two · Source page ٤١
- Principle 210Interruption of the proceedings does not affect the procedures preceding it. Procedures subsequent to resumption supplement the preceding procedures, and judgment is rendered on the basis of all of them together.Pleadings — Part Two · Source page ٤١
- Principle 211Interruption of proceedings. Its purpose. Avoiding procedural steps being taken without the litigants' knowledge. That purpose is achieved by serving the litigant in his personal capacity after the capacity of the personPleadings — Part Two · Source page ٤١
- Principle 212Limitation of an action for liability for an unlawful act where it arises from an offence for which criminal proceedings have been instituted against its perpetrator. Its running in relation to the injured person. Its suPleadings — Part Two · Source page ٤٢
- Principle 215Staying an action pending resolution of a dispute concerning a preliminary issue falling outside functional or subject-matter jurisdiction. The court may assess the seriousness of the dispute necessitating the stay. WithPleadings — Part Two · Source page ٤٢
- Principle 216Failure to reinstate the action after it was struck off within the time limit prescribed in Article 59 of the Code of Procedure. Results in its being deemed never to have existed by operation of law whenever the interestPleadings — Part Two · Source page ٤٢
- Principle 217Authorization by the originally retained lawyer of another lawyer without a writing requirement. A general agency between lawyers intended to ensure the continued progress of the proceedings without disruption, and not iPleadings — Part Two · Source page ٤٢
وقف الدعوى تعليقياً
Principle 230The claimant's failure to perform any litigation procedure or to deposit documents. The court may stay the action instead of imposing a fine. Resumption of the action from the stay after expiry of the period without the Pleadings — Part Two · Source page ٤٥- Principle 231The obligation to reactivate proceedings in the action or appeal, where a judgment staying either as a sanction has been rendered, within thirty days of the expiry of the stay period. Reason therefor: expediting the pursPleadings — Part Two · Source page ٤٥