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 الملكية
Principle 2440New claims on appeal. Inadmissible. Their nature. - A claim for the validity and enforceability of a sale contract. Its purpose: obtaining a judgment whose registration substitutes for registration of the contract in traPleadings — Part Two · Source page ٤٦٠- Principle 2441Extinctive limitation. Its interruption by a judicial claim embodying an unequivocal demand for the right sought to be enforced. Effect thereof. A statement of claim brought for a right interrupts limitation only in respPleadings — Part Two · Source page ٤٦٠
- Principle 2442Retroactivity of laws—in matters other than criminal matters—may only be established by law. - Every procedural act validly performed under a law in force remains valid unless otherwise provided. - - Conditions for admisPleadings — Part Two · Source page ٤٦٠
- Principle 2443Actions instituted pursuant to the provisions of Law 18 of 1969 and Law 5 of 1975, as amended by Law 8 of 1980. Before determining them, an order must be made requiring the claimant to submit a plan issued by an engineerPleadings — Part Two · Source page ٤٦١
- Principle 2444Actions brought under the provisions of Law 18 of 1969 and Law 5 of 1975, as amended, to establish the ownership, compensation, or grants claimed by the persons concerned. The claimant must be required to submit a plan iPleadings — Part Two · Source page ٤٦١
- الدعوى العقارية المتعلقة بعقار خارج الكويت
Principle 2445The general planning boundary. All land outside it is deemed State property. Land within the plan. Considered to fall within the bounds of individuals' private ownership, except what is established to belong to the StatePleadings — Part Two · Source page ٤٦١- دعوى الإفلاس
Principle 2446Actions brought against a Kuwaiti or a foreigner who has a domicile or residence in Kuwait. Kuwaiti courts have jurisdiction to hear them. Exception. Immovable-property actions relating to property situated outside KuwaiPleadings — Part Two · Source page ٤٦١- Principle 2447Disputes concerning forward share transactions and debtors referred for adjudication of bankruptcy, and related or connected actions concerning the debts owed to their creditors that are not registered with the Clearing Pleadings — Part Two · Source page ٤٦٢
- Principle 2449Issuance of a judgment declaring bankruptcy. Its implication. The formation of a body of creditors, any of whom is prohibited from bringing individual actions against the bankrupt, and the progress of any actions alreadyPleadings — Part Two · Source page ٤٦٢
- Principle 2450Issuance of a judgment declaring the debtor bankrupt. Its effect: ordinary creditors or holders of ordinary preferential rights may not assert their rights against the bankrupt or the bankruptcy estate through individualPleadings — Part Two · Source page ٤٦٣
- Principle 2451An application for a composition to avert bankruptcy submitted by the debtor or the Public Investment Authority. It must initially be submitted to the Court of First Instance competent to declare the bankruptcy of clientPleadings — Part Two · Source page ٤٦٣
- Principle 2452Bankruptcy provisions and rules. They pertain to public policy. - A judgment declaring bankruptcy. It is not issued solely in favour of the creditor requesting it, but in the interests of all creditors, even if they werePleadings — Part Two · Source page ٤٦٣
- Principle 2453Issuance of a judgment declaring bankruptcy. Its effect. Article 597 of the Commercial Code. - Secured creditors holding mortgages or pledges and holders of special preferential rights may bring or continue actions againPleadings — Part Two · Source page ٤٦٤
- Principle 2458Consolidation of 2 actions differing in cause and subject matter. Does not cause either to lose its independence from the other. Their consolidation resulting in their being regarded as a single proceeding. Its cases. - Pleadings — Part Two · Source page ٤٦٥
- دعوى مسئولية المتبوع عن أعمال تابعه
Principle 2459Issuance of a judgment declaring bankruptcy. Effect thereof. The bankruptcy administrator has authority to verify debts and refer disputed debts to the bankruptcy judge to determine the dispute. Rationale therefor: prevePleadings — Part Two · Source page ٤٦٥- دعوى استبدال حارس
Principle 2460An action brought on the basis of a principal’s liability for the acts of his subordinate. It does not arise from the Labour Law and cannot be characterised as a labour dispute. It does not fall within the subject-matterPleadings — Part Two · Source page ٤٦٦- الدعوى ذات العنصر الأجنبي
Principle 2461An action to replace a receiver. Its basis is criticism directed at his administration or his person, and it does not affect the substantive right. - An action with a foreign element:-Pleadings — Part Two · Source page ٤٦٦- Principle 2462Kuwaiti courts. The rule is that they have jurisdiction over actions brought against a Kuwaiti and a foreigner who has a domicile or non-habitual place of residence in Kuwait and has an elected domicile therein. The excePleadings — Part Two · Source page ٤٦٦
- دعوى صحة الحجز
Principle 2463Jurisdiction of Kuwaiti courts to hear actions brought against a foreigner even if he has no domicile or place of residence in Kuwait. The criterion for this jurisdiction. - Action for validation of attachment:-Pleadings — Part Two · Source page ٤٦٦- Principle 2464An action for the validity of precautionary attachment procedures and an action for declaration of bankruptcy. Their basis and subject are the same: the two debtors’ failure to pay their debts. Their consolidation for coPleadings — Part Two · Source page ٤٦٦
- Principle 2465A limited liability company. Its patrimony is independent of that of its partners. Consequence thereof. The manager representing it has his personal patrimony independent of it, and his liability for damage sustained by Pleadings — Part Two · Source page ٤٦٧
- Principle 2466Attachment of the debtor’s property held by a third party. Condition for its validity. Within the eight days following service of the attachment on the garnishee, the attaching creditor must bring an action against the aPleadings — Part Two · Source page ٤٦٧
- Principle 2467A limited liability company. It consists of a number of persons not exceeding thirty. Each partner’s liability therein is limited to his share in the capital. The company’s legal personality is independent of the personsPleadings — Part Two · Source page ٤٦٧
- Principle 2468The creditor's right to levy attachment on his debtor's property in satisfaction of his rights. It derives fundamentally from those rights. Cases in which an order must be obtained from the judge of provisional matters fPleadings — Part Two · Source page ٤٦٧
- Principle 2469Recourse to the provisions of the general law. Is permissible only in respect of matters not regulated by the special law. - Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the riPleadings — Part Two · Source page ٤٦٨
- Principle 2470The attachment report and the order authorizing it. The attaching creditor must serve them upon the attachment debtor within at most eight days from the date of levying the attachment, and the attaching creditor must, wiPleadings — Part Two · Source page ٤٦٨
- دعوى عدم الاعتداد بالحجز
Principle 2472Grounds of invalidity relating to form and grounds of objection to the conditions of sale. They must be raised before the sales judge or the competent court in accordance with the procedures and time limits provided in APleadings — Part Two · Source page ٤٦٩- دعوى مرسى المزاد
Principle 2473The time limit for appeal in all judgments on the merits is thirty days. The legislature shortened this time limit in urgent matters to fifteen days. - Urgent matters. What is meant thereby. - The attachment debtor’s reqPleadings — Part Two · Source page ٤٦٩- دعوى صحة ونفاذ عقد البيع
Principle 2474Costs of enforcement proceedings, including lawyers' fees. They are assessed by the sales judge, and this assessment is announced at the hearing before bidding opens and stated in the judgment awarding the auction. - ThePleadings — Part Two · Source page ٤٧٠- Principle 2475An unregistered sale. Creates obligations incumbent on the seller, including transfer of ownership, and obligations incumbent on the buyer, including payment of the price. - An action for the validity and enforceability Pleadings — Part Two · Source page ٤٧٠
- Principle 2476Action for validity and enforceability of a contract. Its purpose. The seller's disposition of the real property to another person by a registered contract before judgment on the validity and enforceability of the unregiPleadings — Part Two · Source page ٤٧٠
- Principle 2477Effectiveness of a sale. Its condition. Article 265 of the Majalla of Judicial Provisions. Dispositions that create, transfer, alter, or extinguish a real right in immovable property. They are not completed except by regPleadings — Part Two · Source page ٤٧١
- Principle 2478A debtor referred to the Shares Corporation selling something he owns in consideration of a debt owed by him to a creditor who submitted his debt in the amicable settlement conducted in respect of that debtor’s debts andPleadings — Part Two · Source page ٤٧١
- Principle 2479An action for the validity of a contract. It was instituted to compel the contracting party who signed the contract to perform his obligation thereunder.Pleadings — Part Two · Source page ٤٧١
- Principle 2480An action for the validity and enforceability of a sale contract. The court's authority therein extends to examining the subject matter, scope and enforceability of the contract. Its scope. It encompasses all grounds raiPleadings — Part Two · Source page ٤٧١
- Principle 2481The meaning of an action for the validity and enforceability of a contract. Specific performance of the seller's obligations that would transfer ownership to the buyer. The reason therefor. Granting the buyer's request fPleadings — Part Two · Source page ٤٧١
- Principle 2482An action for the validity and enforceability of a sale contract is an action on the merits. The court may examine the subject matter, scope and enforceability of the contract.Pleadings — Part Two · Source page ٤٧١
- Principle 2483Action for validity and enforceability of a sale contract. An action on the merits. Its effect. The court of merits has authority to examine the subject matter, scope and enforceability of the contract. The contracting mPleadings — Part Two · Source page ٤٧١
- Principle 2484A request for judgment declaring the validity and enforceability of a sale contract. Its difference in subject matter and cause from a request for judgment confirming ownership through acquisitive possession. The first rPleadings — Part Two · Source page ٤٧٢
- Principle 2485An action for the validity and enforceability of a sale contract. An action for entitlement to property. Reason therefor. Upon registration of the judgment rendered therein, it results in the claimant’s entitlement to owPleadings — Part Two · Source page ٤٧٢
- Principle 2486Action for validation of a contract. Its nature. An action ultimately seeking title, intended to specifically enforce the seller’s obligations that would transfer ownership to the buyer and to obtain a judgment whose regPleadings — Part Two · Source page ٤٧٢
- Principle 2487An action for the validity and enforceability of a sale contract. A substantive action extending to the subject matter, scope, and enforceability of the contract. It encompasses all grounds raised therein relating to thePleadings — Part Two · Source page ٤٧٢
- Principle 2488What is meant by an action for the validity and enforceability of a sale. Specific performance of the seller’s obligations that would transfer ownership to the purchaser. Granting the purchaser’s request for a judgment dPleadings — Part Two · Source page ٤٧٢
- Principle 2489A claim for the validity and enforceability of a sale contract. Its purpose: obtaining a judgment whose registration substitutes for registration of the contract in transferring ownership on the basis of the unregisteredPleadings — Part Two · Source page
- Principle 2490Transfer of ownership of real property. Deferred until registration occurs and effective from its date. Its effect. Registration is decisive. Its consequence. Priority of the registered contract over the earlier private Pleadings — Part Two · Source page
- Principle 2492Action for the validity and enforceability of a sale. Its nature. An action ultimately claiming title, intended to enforce the seller’s obligations that transfer ownership of the sold property to the purchaser and to obtPleadings — Part Two · Source page
- Principle 2493A final adjudication. It acquires the force of res judicata only in respect of disputes arising between the litigants and determined by the court expressly or implicitly. Consequence thereof. Failure to register the judgPleadings — Part Two · Source page
- Principle 2494Action for validation and enforcement of a sale contract. It is an action ultimately seeking title, intended to specifically enforce the seller’s obligations that would transfer ownership to the buyer and to obtain a judPleadings — Part Two · Source page
- Principle 2495An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title, intended to secure specific performance of the seller’s obligations that transfer ownership of the thing soPleadings — Part Two · Source page
- Principle 2496An action to prevent interference with possession. The judge may examine documents relating to the underlying right for guidance and to the extent required to ascertain the absence or existence of interference. PermissibPleadings — Part Two · Source page