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 collection- دعوى التزوير الأصلية والفرعية
Principle 2221Recourse to bringing an original forgery action. Its prerequisite. - Alleging forgery by an incidental action. It is a means of defence on the merits of the action, within the jurisdiction of the court hearing the actionPleadings — Part Two · Source page ٤١٢- Principle 2222A challenge alleging forgery. A means of defense on the merits of the action. It suffices that it be stated in a memorandum submitted by the challenger or recorded in the hearing minutes, without requiring its inclusion Pleadings — Part Two · Source page ٤١٢
- دعوى صحة الحجز
Principle 2223An independent forgery action. It is an independent action brought under ordinary procedures by a person who fears that a forged instrument will be invoked against him, joining as defendants the person holding the instruPleadings — Part Two · Source page ٤١٢- دعوى التعويض
Principle 2224Joining the garnishee as a party to an action for validation of attachment or an action seeking the lifting of attachment. Its effect. The attachment issued therein is binding upon him, whether concerning the validity ofPleadings — Part Two · Source page ٤١٣- Principle 2225An action for provisional compensation. Its basis. Mere establishment of liability and of damage without its elements and extent, and establishment of compensation without its amount. Whatever the judgment goes beyond thPleadings — Part Two · Source page ٤١٣
- Principle 2226The criminal court may, on its own initiative, in the event of a conviction, order the accused, without a civil claim, to pay compensation for the damage resulting from the crime if the person in whose favor judgment is Pleadings — Part Two · Source page ٤١٣
- Principle 2227The judgment awarding compensation for the established elements of damage and reserving to the injured party the right to reassessment of the damage so that compensation includes its other elements that may materialize aPleadings — Part Two · Source page ٤١٣
- Principle 2228The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions, whether brought before it in an ancillary manner. - 413 - Civil ProcedurePleadings — Part Two · Source page ٤١٣
- Principle 2230Assessment of compensation for incidents of damage to facilities, property, and its resources of public wealth. The legislature's entrusting it to the case committees. This does not deprive the courts of their right to aPleadings — Part Two · Source page ٤١٤
- Principle 2232Entrusting inspection and assessment of appropriate compensation for incidents causing damage to public facilities, public property and public wealth resources to committees for recording conditions. Does not deprive thePleadings — Part Two · Source page ٤١٤
- Principle 2234The jurisdiction of the Labour Circuit of the Court of First Instance. Its criterion. - 414 - Civil Procedure - An action for compensation brought on the basis of tort liability. Does not fall within the subject-matter jPleadings — Part Two · Source page ٤١٤
- Principle 2236An action for compensation for malicious intent. Multiplicity of the malicious actions on which it is based. Its effect: the necessity of referring to the general rules in the Law of Procedure to determine the court haviPleadings — Part Two · Source page ٤١٥
- دعوى التعويض عن جرائم النشر
Principle 2238An action for compensation for publication offences. It lapses upon the expiry of three months from the date of publication. This applies to an action for compensation before the civil court or the criminal court. FailurPleadings — Part Two · Source page ٤١٥- Principle 2239An action for compensation for publication lapses if not brought within three months of the date of publication, unless compelling circumstances prevent its filing. Staying the civil action pending final determination ofPleadings — Part Two · Source page ٤١٦
- Principle 2240The existence of a special law. Its consequence. No recourse to the general law except regarding provisions not regulated by the special law. An example concerning an action for compensation for the crime of public insulPleadings — Part Two · Source page ٤١٦
- Principle 2241The binding force of the criminal judgment issued in the offense of insult by publication. Its effect. The action for compensation therefor is subject to the forfeiture period prescribed in Article 23 of Law 3/1961.Pleadings — Part Two · Source page ٤١٦
- Principle 2242The misdemeanour of insult by publication. The criminal action and the action for compensation arising therefrom must be brought within three months from the date of publication. Basis thereof. Law 3 of 1961. Effect therPleadings — Part Two · Source page ٤١٦
- Principle 2243Publication offences. An action for compensation in respect thereof is time-barred upon the lapse of three months from the date of publication unless compelling circumstances prevented its institution. - 416 - Civil ProcPleadings — Part Two · Source page ٤١٦
- Principle 2244Publication offenses. Actions concerning them may not be instituted if three months have elapsed from the date of publication, and the compensation action becomes time-barred if the injured person does not bring it withiPleadings — Part Two · Source page ٤١٧
- دعوى الشركة في مواجهة أعضاء مجلس الإدارة
Principle 2245The three-month period within which an action for compensation for the offenses stipulated in the Press and Publications Law must be brought. A special forfeiture period. Its time limit is mandatory. The injured party’s Pleadings — Part Two · Source page ٤١٧- Principle 2246The liability action brought by a joint-stock company against the chairman and members of the board of directors. Cases in which it is brought. The general assembly's discharge of the board of directors from liability. DPleadings — Part Two · Source page ٤١٧
- الدعوى الناشئة عن عقد التأمين
Principle 2247The company's right to bring a liability action against the chairman and members of the board of directors. Its prerequisite. Direct damage to it resulting from acts tainted by fraud and abuse of authority, or violation Pleadings — Part Two · Source page ٤١٧- دعوى المسئولية الناشئة عن عقد النقل البحري
Principle 2250Actions arising from an insurance contract are time-barred upon the expiry of three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. Exception: the insured’s action Pleadings — Part Two · Source page ٤١٨- Principle 2251The knowledge from which the limitation period for actions arising from a contract of carriage by sea begins to run. Meaning thereof. The right-holder’s actual knowledge of the right to recover what was paid without legaPleadings — Part Two · Source page ٤١٨
- Principle 2252The ship’s agent is considered the representative of the maritime carrier in actions arising from maritime carriage operations and brought by or against it in the locality where the agent’s headquarters are situated.Pleadings — Part Two · Source page ٤١٨
- Principle 2253The legislature’s unification of the limitation period for actions arising from a contract of carriage by sea and actions arising from a loading and unloading contract at one year. Purpose thereof. - Grounds for interrupPleadings — Part Two · Source page ٤١٨
- دعوى الحراسة
Principle 2254The ship’s agent represents the carrier in actions brought by or against it. Absence of liability on the part of the latter. Its implication. Absence of liability on the part of the former. - 418 - Procedure - The sufficPleadings — Part Two · Source page ٤١٨- Principle 2255The urgent matters judge has full authority provisionally to examine the seriousness of the dispute in the objection to enforcement, provided that the judge relies on reasons justifying it, not to determine it by a judgmPleadings — Part Two · Source page ٤١٩
- Principle 2256The requirement that interested parties agree on the appointment of the custodian and termination of custodianship. It concerns consensual custodianship, not judicial custodianship. - Appointment of a judicial custodian Pleadings — Part Two · Source page ٤١٩
- دعوى رجوع حامل الشيك:
Principle 2258An arbitration agreement applies to the merits of the dispute, not its urgent aspect. It does not extend to that aspect unless expressly agreed. Article 173, Civil Procedure. - An action for an account. An action on the Pleadings — Part Two · Source page ٤١٩- دعوى المسئولية الناشئة عن عقد النقل
Principle 2259A cheque holder's recourse action. Subject to a special prescription period of 6 months from the time limit for its presentation. The effect thereof. The judgment's reaching the correct conclusion. Inadequacy of its reasPleadings — Part Two · Source page ٤٢٠- Principle 2260Liability action arising from a contract of carriage. It is time-barred upon the passage of one year. When the one-year period begins in the case of damage or partial loss. And when it runs in the case of total loss of tPleadings — Part Two · Source page ٤٢٠
- Principle 2261An action concerning the maritime carrier’s liability is time-barred upon the lapse of one year from the date of delivery of the goods or the date on which delivery to the consignee should have occurred.Pleadings — Part Two · Source page ٤٢٠
- Principle 2262Short limitation period. Its purpose. Protecting the carrier against delayed claims and bringing disputes to an end. Its subjection to the general rules governing suspension and interruption of limitation. The legislaturPleadings — Part Two · Source page ٤٢٠
- Principle 2263The consignee’s receipt of the goods from the carrier without reservation. Its effect. Forfeiture of his right of recourse against it. What protects this right from forfeiture: recording the condition of the goods and brPleadings — Part Two · Source page ٤٢٠
- Principle 2264An action for the carrier’s liability for damage to or partial loss of goods. The one-year limitation period applies thereto. When it begins. The actions it encompasses. An action for the carrier’s contractual liability.Pleadings — Part Two · Source page ٤٢٠
- دعوى بطلان المعاملات التي يجريها غير الكويتي
Principle 2265A liability action arising from a contract of carriage brought against the carrier because of loss of or damage to goods or delay in their carriage. It is extinguished if not brought within one year beginning on the day Pleadings — Part Two · Source page ٤٢١- دعوى الحلول
Principle 2266The legislature exempted from the provisions of the Commercial Law funds deposited by a non-Kuwaiti with banks or companies, or agreements concluded by him with them. The reason. Encouraging the banking and financial secPleadings — Part Two · Source page ٤٢١- Principle 2267The State's guarantee to compensate the injured person for injury. A subsidiary guarantee. It does not arise where another person is obligated to compensate. Its effect. The person who pays the injured person has no righPleadings — Part Two · Source page ٤٢١
- Principle 2268The jointly and severally liable surety: may not plead that recourse must first be had against the debtor, or that his assets must first be exhausted, and if he pays the debt, he may have recourse against the remaining sPleadings — Part Two · Source page ٤٢١
- Principle 2269The insurer’s statutory subrogation to the insured in the actions the latter has against the party liable for the insured damage. Conditional upon the insurer’s payment of the insurance amount and to the extent of that pPleadings — Part Two · Source page ٤٢١
- Principle 2270The insurer’s action by statutory subrogation to the insured’s rights against the liable person. It is not properly constituted until the date of its payment of the insurance sum. The effect thereof on the plea that it iPleadings — Part Two · Source page ٤٢٢
- Principle 2271The insured’s right to compensation for liability for an accident, arising by operation of law from the harmful act, is what passes to the insurer that paid the insurance sum to the insured or the injured party. - The suPleadings — Part Two · Source page ٤٢٢
- Principle 2272The surety's joint and several liability with the debtor. Its effect. The creditor may demand the debt from the surety alone. The surety may not resist the demand by requiring prior recourse against the debtor or exhaustPleadings — Part Two · Source page ٤٢٢
- Principle 2273The contract of suretyship. Its nature. What suretyship entails and when the surety is discharged. How he has recourse against the debtor. By a personal action or an action in subrogation.Pleadings — Part Two · Source page
- Principle 2274The insured combining the insurance amount and compensation. Impermissible. - The insured’s recourse against the third party responsible for the accident on the basis of tort liability after receiving appropriate compensPleadings — Part Two · Source page
- Principle 2275The insurer’s recourse action against the third party liable for the damage for the compensation it paid to the injured party. And against the insured in the event of breach of the conditions agreed upon in the insurancePleadings — Part Two · Source page
- Principle 2276The insurer paying the insured or injured party his entitlement. Its effect. Its statutory subrogation to his position in recourse against the liable third party for what it paid. It may exercise the insured’s right withPleadings — Part Two · Source page
- Principle 2277Payment by the insurer to the insured or the injured party. Its effect. Its statutory subrogation to that party’s position in recourse against the liable third party for what it paid, exercising the insured’s right with Pleadings — Part Two · Source page
- Principle 2278A possessory action. Its nature. Conditions for bringing it. - 423 - Procedure - A judgment rendered in a possessory action is a provisional judgment having no res judicata effect in an action concerning the underlying rPleadings — Part Two · Source page