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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Principle 2279An action for recovery of possession. Its nature. What suffices for its admissibility. - The judgment binding effect before the civil judge in a possessory action due to the absence of the element of use of force in the Pleadings — Part Two · Source page ٤٢٤- Principle 2280An action to prevent interference is available only to a possessor in the legal sense. The possession required therefor. Its condition.Pleadings — Part Two · Source page ٤٢٤
- Principle 2281Possession is not considered a means of acquiring ownership under the Majalla of Judicial Rules. The reason therefor. Its continuation for 15 years, peacefully and openly, with the intention to own. It is regarded as a pPleadings — Part Two · Source page ٤٢٤
- Principle 2282The difference between an ownership action and a possessory action. Its nature. The former protects the right of ownership and the rights in rem derived therefrom, and examination therein addresses the basis and lawfulnePleadings — Part Two · Source page ٤٢٤
- Principle 2283Possessory actions that may not be combined with a claim to the right. Their nature. Actions for continuation of possession, prevention of interference and cessation of new works. An action seeking entitlement to attachePleadings — Part Two · Source page ٤٢٥
- دعوى المطالبة بالريع
Principle 2284An action for compensation for preventing the possessor of immovable property from possessing it. The defendant therein is anyone who commits a positive act upon the property that leads to such prevention. It is sufficiePleadings — Part Two · Source page ٤٢٥- Principle 2285Action claiming yield for usurpation. It becomes time-barred upon the passage of fifteen years. This is not altered by the disputed property being unproductive.Pleadings — Part Two · Source page ٤٢٥
- دعوى ضمان المقاول والمهندس
Principle 2286An action claiming yield for usurpation. It is time-barred upon the passage of fifteen years. The three-year limitation prescribed in Article 253 of the Civil Code does not apply thereto. Effect thereof. A claim for compPleadings — Part Two · Source page ٤٢٥- دعوى الضمان الفرعية
Principle 2287The provisions established by the legislator governing the contractor’s and engineer’s warranty for the buildings or fixed structures they erect. Their connection with public policy. Effect thereof. It is impermissible tPleadings — Part Two · Source page ٤٢٦- Principle 2288Ancillary indemnity action. Its independence from the principal action. Implication thereof. The claimant therein is obliged to pay judicial fees. Reason therefor.Pleadings — Part Two · Source page ٤٢٦
- Principle 2289An appeal against the judgment rendered in the principal action. Does not, in itself, bring the ancillary indemnity action before the appellate court. Exception. Where the party seeking indemnity was precluded from appeaPleadings — Part Two · Source page ٤٢٦
- Principle 2290The cessation of the incidental action depends on the cessation of the original action. As a rule, the former survives while the latter survives and ceases upon its cessation. A judgment in the original action dismissingPleadings — Part Two · Source page ٤٢٦
- Principle 2291Incidental indemnity action. Its independence from the original action. Consequence thereof. The claimant therein is obliged to pay judicial fees without this being contingent upon the court’s ruling on the costs of the Pleadings — Part Two · Source page ٤٢٧
- Principle 2293Exclusion of the incidental action for nonpayment of the fee. Its effect. Its removal from the scope of the proceedings and its being regarded as not before the Court of Appeal.Pleadings — Part Two · Source page ٤٢٧
- Principle 2294The guarantor’s entry as a party to the action. Its effect. He is deemed a party to the original litigation notwithstanding the independence of the incidental warranty action from the original action in all its elements.Pleadings — Part Two · Source page ٤٢٧
- دعوى ضمان العيب الخفي
Principle 2295Impossibility of assessing the value of the action. Consequence thereof. It is considered of unassessed value. The provisions of Law 17/1973 concerning judicial fees must be observed, rather than the valuation rules presPleadings — Part Two · Source page ٤٢٧- Principle 2296The parties to a sale may agree to amend the period barring an action under the warranty against defects by extending it. The agreed period is the period upon whose lapse it expires. Its nature. A limitation period. EffePleadings — Part Two · Source page ٤٢٨
- Principle 2297An action on the warranty against defects. Its lapse period. One year from the date of delivery of the thing sold. The buyer's discovery of the defect after its expiry. Has no effect. Unless otherwise agreed.Pleadings — Part Two · Source page ٤٢٨
- Principle 2298Warranty against latent defects. Conditions for its existence. - Recourse against the seller by an action on the warranty against defects. Its condition. The buyer’s notification to the seller of the defect upon discoverPleadings — Part Two · Source page ٤٢٨
- Principle 2299An action under the warranty against defects. Its forfeiture period. One year from delivery of the thing sold. The purchaser’s discovery of the defect after its expiry. It has no effect. Unless otherwise agreed or the sePleadings — Part Two · Source page ٤٢٨
- دعوى الفسخ
Principle 2300Provisions governing warranty against defects. They are not matters of public policy. Agreement to modify them by extension or exclusion is permissible. - The seller’s warranty that the thing sold will function for a spePleadings — Part Two · Source page ٤٢٩- Principle 2301An action for rescission of a sale. Its limitation. Upon the passage of fifteen years. - Rescission of a sale contract. Its implication and effect. The price remaining in the seller's hands becomes an ordinary debt, the Pleadings — Part Two · Source page ٤٢٩
- Principle 2302A contract binding on both parties. Failure by one contracting party to perform his obligation. Its effect. The other contracting party may seek its rescission after formally putting him in default. - An action seeking rPleadings — Part Two · Source page ٤٢٩
- Principle 2303Failure by one contracting party in mutually binding contracts to perform his obligation when it falls due permits the other contracting party, after serving him with formal notice, to request the judge to rescind the coPleadings — Part Two · Source page ٤٢٩
- Principle 2305Bringing an action seeking rescission is considered to include formal notice to the debtor to perform his obligation. Rationale therefor.Pleadings — Part Two · Source page ٤٣٠
- دعوى المطالبة بأجر السمسار
Principle 2306An action for rescission on account of a deficiency or excess in the thing sold. It is barred upon the lapse of one year from delivery. Other rescission actions on account of a contracting party’s breach of his obligatioPleadings — Part Two · Source page ٤٣٠- Principle 2307The client's right to request reduction of the broker's remuneration to an amount commensurate with the broker's effort. Its rationale. When it ceases to exist.Pleadings — Part Two · Source page ٤٣٠
- دعوى عدم نفاذ التصرف
Principle 2308The criterion for the broker’s entitlement to remuneration. Conclusion of the contract as a result of the broker’s mediation. - An action claiming the broker’s remuneration shall not be heard, in the event of denial, upoPleadings — Part Two · Source page ٤٣٠- Principle 2309Establishing the debtor’s fraud in an action for the unenforceability of a disposition is a matter of fact. Inferring it falls within the authority of the court of merits.Pleadings — Part Two · Source page ٤٣٠
- Principle 2310The ineffectiveness of a debtor’s disposition under contracts for consideration against the creditor. The debtor’s fraud alone is insufficient. Collusion between the debtor and the transferee to prejudice the creditor’s Pleadings — Part Two · Source page ٤٣٠
- Principle 2311Action for non-effectiveness of dispositions. Its conditions. - 430 - Civil Procedure - Fraud committed by the debtor is insufficient to render the debtor’s disposition ineffective against the creditor. The creditor mustPleadings — Part Two · Source page ٤٣٠
- Principle 2313An action to render a disposition ineffective. The creditor bears therein the burden of proving collusion between the debtor and the transferee to prejudice his rights; if he alleges the debtor’s insolvency, he must provPleadings — Part Two · Source page ٤٣١
- Principle 2314An action for the unenforceability of a disposition. Its conditions. A right due for performance together with a disposition by the debtor prejudicial to it, and proof of collusion and fraud by the debtor and the disponePleadings — Part Two · Source page ٤٣١
- Principle 2315Establishing evidence of collusion or that the disposition would render the debtor insolvent or increase his insolvency. Within the authority of the court of the merits whenever its inference is reasonable.Pleadings — Part Two · Source page ٤٣١
- دعوى الفرز والتجنيب والقسمة
Principle 2316Establishment that the disposition by the appellants' predecessor, subject to the provisions of Law 41 of 1993 concerning the State's purchase of certain debts, of his inherited share was made by him to one of his relatiPleadings — Part Two · Source page ٤٣١- Principle 2317Partition by liquidation. The criterion for applying it. Impossibility of dividing the jointly owned property in kind or diminution of its value. Effect thereof. The court may order the sale of the property by public aucPleadings — Part Two · Source page ٤٣٢
- Principle 2319Sale of undivided shares in land for which no subdivision decision has been issued. Its condition. Obtaining prior permission from Kuwait Municipality in accordance with the controls and conditions issued by a decision oPleadings — Part Two · Source page ٤٣٢
- دعوى المخاصمة
Principle 2320Objection by a person outside the proceedings. Its nature. Its condition: the objector’s proof of fraud, collusion or gross negligence by the person who represented the objector in the action. Its implication: inadmissibPleadings — Part Two · Source page ٤٣٣- Principle 2321The general rule is that a judge is not held liable for acts performed in the course of his work unless the legislature provides, by way of exception, for holding him liable if he deviates from his official duties and abPleadings — Part Two · Source page ٤٣٣
- دعوى المسئولية
Principle 2322Suing a judge by an action against a judge. Impermissible. Reason therefor: safeguarding judges’ independence and surrounding them with guarantees that preserve their dignity and ensure that they perform their official dPleadings — Part Two · Source page ٤٣٣- Principle 2323An action for liability arising from an unlawful act is time-barred upon the lapse of three years from the day of the knowledge - 433 - Civil Procedure of the injured party of the damage and the person liable for it, or Pleadings — Part Two · Source page ٤٣٣
- Principle 2324An action for compensation for an unlawful act arising from a crime does not lapse while the criminal action remains pending. Suspension of this period so long as no decision has been issued in the criminal action. The jPleadings — Part Two · Source page ٤٣٤
- Principle 2325A liability action. A joint-stock company may bring it against the chairman and members of the board of directors. Cases thereof. Articles 148, 149, 204 of the Companies Law. A vote by the general assembly discharging thPleadings — Part Two · Source page ٤٣٤
- Principle 2328An action for liability for an unlawful act. Its extinction period. Three years from the day the injured person learns of the damage and the person responsible for it, or fifteen years from the occurrence of the unlawfulPleadings — Part Two · Source page
- Principle 2329The court of merits must ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. The reason for this. - Bringing a compensation Pleadings — Part Two · Source page
- Principle 2330An action for liability for an unlawful act. Its limitation period. - Liability arising from a crime. It is not time-barred as long as the criminal action remains pending. - The prescribed period for barring the hearing Pleadings — Part Two · Source page
- Principle 2331The injured party's action seeking compensation for an unlawful act constituting a crime. The running of limitation in respect of him is suspended throughout the period during which the criminal trial of the perpetrator Pleadings — Part Two · Source page
- Principle 2332The correct legal basis of liability in an action for compensation. The court of merits is obligated to determine it without being bound by the grounds relied upon by the injured person and without this constituting a chPleadings — Part Two · Source page
- Principle 2333A civil action founded on a crime does not lapse except upon the lapse of the criminal action. The criterion therefor. - The injured party's choice of the civil rather than the criminal route to claim compensation. Its ePleadings — Part Two · Source page
- Principle 2334An action for liability for an unlawful act. Its forfeiture period. The meaning of knowledge that commences the limitation period for the action. Inferring the injured party’s knowledge of the person who caused the damagPleadings — Part Two · Source page