المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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

  1. - دعوى الشفعة

    Principle 2497An action to prevent interference with possession. Confined to the possessor in the legal sense. His possession must have continued for three full years to prevent interference with it. A physical act or legal dispositioPleadings — Part Two · Source page ٤٧٤

  2. - دعوى الإيجارات

    Principle 2499Lapse of the right of pre-emption through expiry of the period provided in Article 903/b of the Civil Code, which begins on the date of registration of the real-property sale contract. Falls within the legislature's authPleadings — Part Two · Source page ٤٧٥
  3. Principle 2500The notice to vacate by which a lease terminates pursuant to Article 567/2, Civil Code. Its nature and how it is effected. An example of its being effected by the statement of claim in an action to terminate a contract fPleadings — Part Two · Source page ٤٧٥
  4. Principle 2501Service of judicial documents. The general rule is certain knowledge thereof by the person served, through delivery of the copy to that person personally. Sufficiency of presumptive knowledge through service at the domicPleadings — Part Two · Source page ٤٧٥

  5. - الدعاوى التي ترفع على التركة

    Principle 2502Inquiry into the rationale and reasons for legislation. Has no place except where the text is ambiguous. - Decree-Law 35/1978 concerning real-property leases. Contains provisions exceptional to the general provisions of Pleadings — Part Two · Source page ٤٧٦

  6. - دعوى التظلم من أمر الأداء

    Principle 2503Actions brought by or against the estate. An heir may stand as a litigant on behalf of the remaining heirs if he sues or is sued seeking judgment for the estate for its entire entitlement, or if judgment against the estaPleadings — Part Two · Source page ٤٧٦
  7. Principle 2504The creditor must demand that the debtor discharge the obligation five days before obtaining a payment order; otherwise the judge must refrain from issuing the order. Issuance of the order despite the absence of a demandPleadings — Part Two · Source page ٤٧٦
  8. Principle 2505Recourse to the payment order procedure. An exception to the general rules for bringing actions. Conditions applicable to the debt claimed for recourse to this procedure. Example.Pleadings — Part Two · Source page ٤٧٧
  9. Principle 2507A grievance against a payment order. Its time limit is ten days from the date of service thereof. Example of a grievance after the time limit.Pleadings — Part Two · Source page ٤٧٧
  10. Principle 2509A grievance against a payment order and a ruling cancelling it for a reason unrelated to the petition seeking its issuance, but based on the absence of one of its substantive conditions. Effect: the court must not stop aPleadings — Part Two · Source page ٤٧٧

  11. - دعوى عقد التوزيع

    Principle 2510The time limit for challenging a payment order. It runs from the date of its service on the debtor. Calculation of the period for lapse of the right to challenge from that date. A challenge by the person against whom thePleadings — Part Two · Source page ٤٧٧

  12. - دعوى العلامات التجارية

    Principle 2512The judgment rendered in an action contesting the provisional list for distribution of execution proceeds, brought before the Court of First Instance. Final. Article 286 of the Code of Procedure. - Trademark action:-Pleadings — Part Two · Source page ٤٧٨
  13. Principle 2513A decision refusing registration of a trademark or making it conditional. Challenging it before the Court of First Instance within thirty days from the date the applicant for registration is notified thereof. Article 71/Pleadings — Part Two · Source page ٤٧٨

  14. - دعوى تحديد الرسوم القضائية

    Principle 2515The role of the competent minister—the Minister of Commerce and Industry in the present appeal—is confined to issuing the licensing decision for industrial plots. The body entrusted with concluding contracts and collectiPleadings — Part Two · Source page ٤٧٨
  15. Principle 2516The event giving rise to the Treasury’s right to except the judicial fees due is submission of the statement of claim to the court. The means by which the Registry Department claims them is to apply to the presiding judgPleadings — Part Two · Source page ٤٧٩

  16. - دعوى صحة أو بطلان إجراءات التنفيذ

    Principle 2517Submission of the statement of claim or application to the court. Is the event giving rise to the right to collect judicial fees due to the public treasury. The claimant’s liability for these fees once the court is seisePleadings — Part Two · Source page ٤٧٩

  17. تقادم الدعوى وعدم سماعها

    Principle 2519The 1-year period restricting the hearing of a labour action is an extinctive limitation period subject to interruption and suspension. Its effect: it does not run owing to a moral impediment. Example.Pleadings — Part Two · Source page ٤٨٠
  18. Principle 2520Negotiations that interrupt the limitation period for an action arising from a contract of carriage by sea. What they are.Pleadings — Part Two · Source page ٤٨٠
  19. Principle 2521Marital maintenance according to the Maliki school does not lapse except by payment or release. - The rule barring the hearing of a wife’s maintenance action for a prior period exceeding two years ending on the date the Pleadings — Part Two · Source page ٤٨٠
  20. Principle 2522The running of limitation for a compensation action based on an act constituting a crime is suspended throughout the period during which the criminal trial continues and does not resume until issuance of the final judgmePleadings — Part Two · Source page ٤٨٠
  21. Principle 2523An action for liability for an unlawful act is time-barred upon the lapse of three years from the day the injured party learns of the damage and the person responsible therefor, or fifteen years from the occurrence of thPleadings — Part Two · Source page ٤٨٠
  22. Principle 2524Lapse of a rescission action upon the passage of one year from delivery. Its restriction to a rescission action on account of a shortfall or excess in the thing sold. Other rescission actions on account of breach of the Pleadings — Part Two · Source page ٤٨٠
  23. Principle 2525Liability of the carrier and the vessel for loss or damage. Its discharge if proceedings are not brought within one year after delivery or from the date on which delivery should have occurred. This period. A limitation pPleadings — Part Two · Source page ٤٨١
  24. Principle 2526A labor action not being heard because it was brought more than one year after the date of termination of the employment relationship. The plea thereof does not relate to public policy. It may not be raised for the firstPleadings — Part Two · Source page ٤٨١
  25. Principle 2527Express acknowledgment of the right in the presence of the ruler, "the judge," in an action whose period barring its hearing has expired. Its effect: disregarding the passage of that period and giving judgment pursuant tPleadings — Part Two · Source page ٤٨١
  26. Principle 2528The action on the warranty of a stipulated quality in the thing sold, provided for in Article 498 of the Civil Code. It is not subject to the one-year limitation period. The basis thereof.Pleadings — Part Two · Source page ٤٨١
  27. Principle 2530The loading and unloading contractor and the cargo agent have the right to invoke the short limitation period for actions arising from the activity of each. The basis thereof.Pleadings — Part Two · Source page ٤٨١
  28. Principle 2531The impediment suspending the running of the limitation period for an action. Its nature. Inferring this impediment falls within the authority of the court of merits, provided that the inference is reasonable. - 481 - CiPleadings — Part Two · Source page ٤٨١
  29. Principle 2532The abandonment that bars hearing an action is abandonment of the property while grounds for the action exist. Mere neglect, however long it continues. Does not bar hearing the action. - Assessment of the fact of possessPleadings — Part Two · Source page ٤٨٢
  30. Principle 2533A wife’s maintenance is incumbent upon her husband by virtue of a valid contract. An action for it may not be heard for a period exceeding two years ending on the date the action is instituted, unless it was fixed by mutPleadings — Part Two · Source page ٤٨٢
  31. Principle 2534The bar to hearing actions under the Majalla of Judicial Provisions. Its nature. The acknowledgment preventing the lapse of a right by prescription. Its nature and effect.Pleadings — Part Two · Source page ٤٨٢
  32. Principle 2535The excuse preventing the running of the statutory period prescribed for barring the hearing of an action through lapse of time. Its nature. What does not qualify as such.Pleadings — Part Two · Source page ٤٨٢
  33. Principle 2536Abandonment requiring that an action not be heard. It is abandonment of the property while grounds for the action exist. Mere neglect, however long the time. Does not preclude hearing the action.Pleadings — Part Two · Source page ٤٨٢
  34. Principle 2537Peaceful, open possession of immovable property for 15 years with the intention of ownership constitutes, under the system of barring the hearing of actions, a Sharia and legal presumption that the possessor is its ownerPleadings — Part Two · Source page ٤٨٢
  35. Principle 2538An action for liability arising from a contract of carriage. Its being time-barred after one year. When the one-year period commences in cases of damage or partial loss. And when it runs in cases of total loss of the shiPleadings — Part Two · Source page ٤٨٢
  36. Principle 2539Although ownership is not extinguished by abandonment, a plea barring the hearing of an action concerning it applies where its owner has left it for fifteen lunar years while grounds for bringing it exist. Article 1660 oPleadings — Part Two · Source page ٤٨٣
  37. Principle 2540Leaving a debt action unpursued for 15 years despite the existence of grounds for it and another's denial of it. A bar to its being heard.Pleadings — Part Two · Source page ٤٨٣
  38. Principle 2541Commercial agency. Its practice is restricted to persons of Kuwaiti nationality. Failure to register it. Its effect. An action concerning it shall not be heard.Pleadings — Part Two · Source page ٤٨٣
  39. Principle 2542The plea that the action has been extinguished through lapse of time. Does not concern public policy. It may not be invoked for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٤٨٣
  40. Principle 2543Restricting the hearing of a labour action by the passage of one year from the date of termination of the employment contract. Its consistency with the general formulation of extinctive prescription, which is subject to Pleadings — Part Two · Source page ٤٨٣
  41. Principle 2544Extinctive prescription is interrupted by a judicial demand. What is meant by this demand. - A statement of claim filed concerning a right interrupts prescription only in respect of that right and its accompanying accessPleadings — Part Two · Source page ٤٨٣
  42. Principle 2545The knowledge from whose date the time-bar period for an action for compensation begins. It is actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for it. Basis therefor.Pleadings — Part Two · Source page ٤٨٣
  43. Principle 2547The excuse preventing the running of the period barring the hearing of an ownership action under the Majalla of Judicial Provisions. Its nature.Pleadings — Part Two · Source page
  44. Principle 2548The three-year limitation period stipulated in Article 32/1 of Law 6/1961, corresponding to Article 253/1 of the Civil Code. An exceptional limitation period specific to actions for compensation for unlawful acts. It doePleadings — Part Two · Source page
  45. Principle 2549Abandonment requiring that an ownership action not be heard under the Majalla of Judicial Provisions. Its nature.Pleadings — Part Two · Source page
  46. Principle 2550Actions arising from a contract for the carriage of things. Their limitation period is 1 year. The prescribed period barring the hearing of the action. Its interruption by the debtor’s acknowledgement of the right.Pleadings — Part Two · Source page
  47. Principle 2551A judicial claim that interrupts limitation. Its nature. Bringing an action asserting the right, even before a court lacking jurisdiction. Merely bringing an action before the urgent matters judge for an urgent interim mPleadings — Part Two · Source page
  48. Principle 2552An action under the warranty against defects. It is barred upon the passage of one year from delivery of the thing sold. Even if the purchaser discovers the defect only thereafter. The rationale thereof. - The barring ofPleadings — Part Two · Source page
  49. Principle 2553The action for rendition of accounts is barred upon the lapse of 15 years from the time the agency work ends. A request for rendition of accounts. A matter connected with the substantive right, not an interim measure.Pleadings — Part Two · Source page
  50. Principle 2554Inherited compensation. A claim independent of the claim for compensation for personal damage. The consequence thereof. A judicial claim for part of one does not interrupt limitation in the action brought for the other rPleadings — Part Two · Source page
PreviousPage 45 of 76Next