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 المسئولية
Principle 2335An action for compensation for the taking of land owned by the appellant. Its difference from an action seeking the issuance of a title deed for the same land. The judgment nevertheless concluding that the latter action Pleadings — Part Two · Source page ٤٣٥- Principle 2336An action for provisional compensation. Its scope. Establishing damage without determining its extent and elements.Pleadings — Part Two · Source page ٤٣٦
- Principle 2337The prescribed period for barring the hearing of an action is interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction. - A judgment deeming the action never to have been broughtPleadings — Part Two · Source page ٤٣٦
- Principle 2338An action for liability for an unlawful act. It is barred upon the lapse of three years from the day the injured party becomes aware of the damage and the person liable for it, or fifteen years from the occurrence of thePleadings — Part Two · Source page ٤٣٦
- Principle 2339The chairman and members of the board of directors of a joint-stock company. Liable towards the company, shareholders and third parties for all acts of fraud, abuse of authority, every violation of the law or the companyPleadings — Part Two · Source page ٤٣٦
- دعوى ضمان أذى النفس
Principle 2340The carrier’s liability for damage sustained by the passenger arises without proof of fault on its part. This liability is lifted if it proves that the damage resulted from force majeure or the fault of the injured partyPleadings — Part Two · Source page ٤٣٧- Principle 2341The injured party may resort to an action for indemnity for personal injury on the basis of direct causation even if he has recourse through an action for liability for an unlawful act.Pleadings — Part Two · Source page ٤٣٧
- Principle 2342The direct actor's liability for personal injury. Its implication. The sanction is confined to diyah alone. - An action for liability for personal injury. A subsidiary action affording relief to the injured party where tPleadings — Part Two · Source page ٤٣٧
- Principle 2343The rules governing liability for unlawful acts. Their difference from the rules governing indemnification for bodily injury. - Examination of what qualifies as a direct perpetrator. Confined to the case where the injurePleadings — Part Two · Source page ٤٣٧
- Principle 2344Limitation of claims for blood money and portions thereof. The period barring the hearing of actions therefor. Fifteen years. The exception. The State’s guarantee. Its subjection to the three-year limitation period. A clPleadings — Part Two · Source page ٤٣٧
- Principle 2345The period that must elapse for an action for compensation for bodily harm not to be heard. It is subject to suspension and interruption unless there is an impediment rendering assertion of the right impossible. A judgmePleadings — Part Two · Source page ٤٣٨
- Principle 2346Suspension of limitation for a blood-money action throughout the period during which limitation for the criminal action is suspended or interrupted. - The limitation period for a blood-money action. Begins to run from thPleadings — Part Two · Source page ٤٣٨
- Principle 2347The harmful act in its two categories. One of the sources of obligation. The nature of these two categories. - An action for indemnification for personal injury is time-barred upon the passage of three years from the occPleadings — Part Two · Source page ٤٣٨
- Principle 2348Institution of criminal proceedings against the perpetrator. Its effect. Suspension of limitation in respect of the injured party during trial proceedings and until issuance of the final criminal judgment or termination Pleadings — Part Two · Source page ٤٣٨
- Principle 2349Inferring the injured party’s knowledge of the occurrence of the damage and the person liable for it, the existence of a moral impediment preventing the right-holder from claiming the right, and suspension of the runningPleadings — Part Two · Source page ٤٣٨
- Principle 2350The injured party may resort to an action for indemnification for bodily injury on the basis of direct causation even if he could have recourse through an action for liability for an unlawful act. The basis for this. - 4Pleadings — Part Two · Source page ٤٣٨
- Principle 2351The insurer may have recourse against the party liable to indemnify personal injury for the compensation it paid to the injured party for the harmful act, pursuant to the assignment of the right made to it by the injuredPleadings — Part Two · Source page ٤٣٩
- Principle 2352The direct actor. His definition. The difference in nature between direct action and indirect causation. The direct actor's liability for diyah. Its basis. His direct infliction of the harm. Negation of fault on his partPleadings — Part Two · Source page ٤٣٩
- دعوى المطالبة بالرسوم عن الأرض الفضاء
Principle 2353Bringing an action claiming any of the rights prescribed under the provisions of Law 61 of 1976 concerning Social Insurance. Its condition. Demanding them from the Institution in writing within five years from the date oPleadings — Part Two · Source page ٤٣٩- دعوى مطالبة المؤسسة العامة للتأمينات الاجتماعية
Principle 2354Fees assessed on vacant land under Law 50 of 1994. A grievance against them may be submitted to the Ministry of Finance subject to the conditions specified in the implementing regulations of this Law. Objection is not coPleadings — Part Two · Source page ٤٣٩- Principle 2356The old-age, disability and death insurance scheme. The employer is obligated thereunder only for the equivalent of the end-of-service gratuity at the rates stated in Article 54 of the Labour Law and the amount of the inPleadings — Part Two · Source page ٤٤٠
- Principle 2357Entitlements prescribed under the provisions of the Social Security Law may not be the subject of an action until a written claim for them has been made to the Institution within five years from the date they are deemed Pleadings — Part Two · Source page ٤٤٠
- Principle 2358An application submitted to the Public Institution for Social Security for any right established under the Social Security Law, or a grievance submitted against its decision on that application. It must be decided withinPleadings — Part Two · Source page ٤٤١
- دعوى المطالبة بالحقوق التأمينية
Principle 2359Law 70 of 1980 governing retirement pensions and gratuities for non-Kuwaiti military personnel contains no provision regulating litigation procedures concerning claims against the Public Institution for Social Security fPleadings — Part Two · Source page ٤٤١- الدعوى التأديبية
Principle 2360A decision issued by the Public Institution for Social Security concerning any insurance entitlement prescribed under the provisions of Law 61 of 1976. The time limit for a grievance against it begins from the date the pPleadings — Part Two · Source page ٤٤١- Principle 2361The disciplinary committee becoming seised of the disciplinary action. Its effect. The administrative authority is precluded from withdrawing the referral decision. The reason therefor. - A negative administrative decisiPleadings — Part Two · Source page ٤٤٢
- Principle 2362Lawyers’ Disciplinary Council. Its composition. And its powers. - Decisions of the Lawyers’ Disciplinary Council are considered judgments, not administrative decisions. Rationale therefor. - The Public Prosecution’s authPleadings — Part Two · Source page ٤٤٢
- الدعوى الجزائية
Principle 2363Judgments rendered in disciplinary actions pursuant to the provisions of the Judicial Organization Law. They may not be challenged by any means of challenge. The judgment acquiring the force of res judicata. Its effect. Pleadings — Part Two · Source page ٤٤٢- Principle 2364Ascertaining and understanding the facts of the action, assessing the evidence, and inferring fault giving rise to liability and the causal relationship between it and the damage. Matters for the trial court. Their condiPleadings — Part Two · Source page ٤٤٢
- Principle 2365Institution of criminal proceedings. It is not effected merely by submitting complaints and reports to the investigating authorities. - 442 - Procedure - The court of merits staying the civil action pending determinationPleadings — Part Two · Source page ٤٤٢
- Principle 2366The binding effect before the civil court of a judgment rendered in a criminal action. Its condition: that it have necessarily decided the facts constituting the common basis of the criminal and civil actions, their legaPleadings — Part Two · Source page ٤٤٣
- Principle 2367The binding effect of a criminal judgment in a civil action. Its criterion. Its necessary determination of the occurrence of the act constituting the common basis of the criminal and civil actions and its legal characterPleadings — Part Two · Source page ٤٤٣
- Principle 2368Extinction of proceedings upon the passage of three years from the last valid procedural step therein. This period is an extinctive limitation period for the proceedings themselves. This period is subject to suspension aPleadings — Part Two · Source page ٤٤٣
- Principle 2369An incident of negligent injury may occur as a result of two faults by two different persons. What this entails. Each commits an unlawful act distinct in its elements from the act committed by the other, constituting in Pleadings — Part Two · Source page ٤٤٣
- الدعوى المدنية التابعة (الادعاء المدني)
Principle 2370The binding effect before the civil court of a judgment rendered in a criminal action. Its condition: that it have necessarily decided the facts constituting the common basis of the criminal and civil actions, their legaPleadings — Part Two · Source page ٤٤٤- Principle 2371The civil claimant's claim before the criminal court for the value of the cheque and supplementary compensation. Permissible. "Article 554 of the Commercial Code. - 444 - ProcedurePleadings — Part Two · Source page ٤٤٤
- Principle 2372Initiation of criminal proceedings. Not effected merely by submitting complaints and reports to the investigating authorities. - The court of merits’ stay of the civil action pending determination of the criminal action.Pleadings — Part Two · Source page ٤٤٥
- Principle 2373Institution of a civil action before the criminal court. Its condition. - Making a civil claim before the Public Prosecution when an investigation into the subject matter of the criminal action is conducted. Permissible,Pleadings — Part Two · Source page ٤٤٥
- Principle 2374The civil judge may examine civil liability arising from custody of the thing itself. - The binding effect of an acquittal based on the absence of criminal fault on the part of the subordinate. It has no effect before thPleadings — Part Two · Source page ٤٤٥
- Principle 2375The existence of a criminal action alongside a civil compensation action for an unlawful act. The implication thereof. The civil action is not time-barred unless the criminal action is time-barred. The injured party’s chPleadings — Part Two · Source page ٤٤٥
- الدعوى العقارية
Principle 2376The res judicata effect preventing the resubmission of a dispute. Its prerequisite. The judgment's determination of an unchanging fundamental issue contested by the parties in the first action, whose truth was conclusivePleadings — Part Two · Source page ٤٤٥- Principle 2377Real-property actions concerning real property situated abroad are excluded from the jurisdiction of the Kuwaiti judiciary. An action to rescind the contract of sale of that property. Is not a real-property action. ExampPleadings — Part Two · Source page ٤٤٦
- Principle 2378Kuwaiti courts. Their jurisdiction. Hearing actions brought against a Kuwaiti, whether relating to personal status or property matters, whether civil or commercial, whether or not he has a domicile or residence in KuwaitPleadings — Part Two · Source page ٤٤٦
- Principle 2379Jurisdiction of Kuwaiti courts to hear actions brought against a Kuwaiti and actions brought against a foreigner who has a domicile or nonhabitual place of residence in Kuwait and has an elected domicile therein. Except Pleadings — Part Two · Source page
- Principle 2380Actions brought against a Kuwaiti or a foreigner who has a domicile or a non-habitual place of residence in Kuwait and has an elected domicile therein. Jurisdiction of Kuwaiti courts to hear them. Exception. Immovable-prPleadings — Part Two · Source page
- Principle 2381The arbitration panel for disputes over company shares transacted on deferred terms. Its jurisdiction ends with issuance of the final binding award on the merits of the dispute. Enforcement of the award. Subject to the gPleadings — Part Two · Source page
- Principle 2383A joint and several surety may not plead that recourse must first be had against the debtor or that the debtor’s assets must first be exhausted. If he pays the debt, he has recourse against the remaining sureties, whethePleadings — Part Two · Source page
- Principle 2384The creditor’s recourse against the guarantor under a commercial guarantee. It is not conditional upon first demanding payment from the debtor. Consequence thereof. He has the choice of demanding payment from either or bPleadings — Part Two · Source page
- Principle 2385A judgment must be based on supporting reasons. - A judgment dismissing the ancillary action without stating reasons. Invalidity requiring partial cassation.Pleadings — Part Two · Source page
- Principle 2386The bar to hearing the injured party’s action against the insured because it was brought after expiry of the time limit. Its implication. Non-occurrence of the insured risk. Its effect. The incidental action seeking to cPleadings — Part Two · Source page