المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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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  1. تقادم الدعوى وعدم سماعها

    Principle 2555Abandonment necessitating the barring of the hearing of an action. Its definition in Islamic Sharia. Barring the hearing of an action. Its basis is preventing the judge from hearing it while the right remains with its hoPleadings — Part Two · Source page ٤٨٥
  2. Principle 2556The prescribed period barring the hearing of an action. Is interrupted by a judicial demand, even before a court lacking competence or jurisdiction, or to any administrative authority entrusted by law with determining paPleadings — Part Two · Source page ٤٨٥
  3. Principle 2557Inferring the injured party's knowledge of the occurrence of the damage and the identity of its perpetrator. Within the authority of the court of merits. The knowledge with which the time-bar period begins. What is meantPleadings — Part Two · Source page ٤٨٥
  4. Principle 2558External telephone communications provided by the State as a public utility. The consideration collected by the State in return for them. A fee. - An action claiming taxes and fees due to the State. Its limitation periodPleadings — Part Two · Source page ٤٨٥
  5. Principle 2559Actions arising from a loading and unloading contract. Their limitation period. The legislature's unification thereof at one year, whether the action is brought against the contractor or by him. Rationale.Pleadings — Part Two · Source page ٤٨٦
  6. Principle 2560The measure interrupting limitation. Its conditions. Its relation to the right sought to be enforced and the same litigants. A judgment rejecting the plea that the action may not be heard despite the absence of these conPleadings — Part Two · Source page ٤٨٦
  7. Principle 2561An incidental claim interrupts limitation. What does not constitute such a claim. Defence or pleas in the action.Pleadings — Part Two · Source page ٤٨٦
  8. Principle 2562Characterization of litigants’ pleas. The criterion therein. Is the substance and purpose of the plea, not its designation. A plea that the period specified for instituting the action has expired. Concerns the conditionsPleadings — Part Two · Source page ٤٨٦
  9. Principle 2563Inadmissibility of a request to amend rights established under the Social Insurance Law after 2 years from the date of assessment or payment, save for the exceptions. Article 108. The exception does not include commutatiPleadings — Part Two · Source page ٤٨٦
  10. Principle 2564The statement of account in respect of which an action seeking correction is inadmissible after six months from the date the customer receives it. What is meant by it. What is not considered such.Pleadings — Part Two · Source page ٤٨٦
  11. Principle 2565Determination of the commencement date of the one-year limitation period concerning an action for liability arising from a contract of carriage in cases of total or partial loss. Article 162 of the Commercial Code. FailuPleadings — Part Two · Source page ٤٨٦
  12. Principle 2567The impediment suspending the running of the period necessary for hearing the action. Its nature. Assessment of its existence. A matter of fact within the exclusive authority of the court of merits. Condition thereof.Pleadings — Part Two · Source page ٤٨٧
  13. Principle 2568The plea that an action may not be heard. A substantive plea. It may be raised at any stage of the action. Raising it for the first time on appeal is permissible. Unless it has been waived. Determining whether waiver occPleadings — Part Two · Source page ٤٨٧
  14. Principle 2570An action for liability for an unlawful act becomes time-barred upon the passage of three years from the day the injured party acquired actual knowledge of the damage and the person responsible for it, or fifteen years fPleadings — Part Two · Source page ٤٨٧
  15. Principle 2573The insurer’s recourse action against the insured for the compensation it pays to the injured party, based on the insured’s breach of the conditions of the insurance policy. It is time-barred upon the expiry of three yeaPleadings — Part Two · Source page ٤٨٨
  16. Principle 2574Compensation for an administrative decision contrary to law. Its nature. It is not considered a salary but an obligation for an amount assessed by the court as a lump sum, without the character of periodicity and renewalPleadings — Part Two · Source page ٤٨٨
  17. Principle 2575The administration’s liability for administrative decisions issued concerning public employees. Its source is the law. Basis thereof. Effect thereof. The action for compensation therefor is barred by ordinary limitation,Pleadings — Part Two · Source page ٤٨٨
  18. Principle 2576An action for compensation for publication offences. It is barred upon the lapse of three months from the date of publication. This applies to compensation actions before the civil court or the criminal court. Failure toPleadings — Part Two · Source page ٤٨٨
  19. Principle 2577The binding authority of a criminal judgment rendered in the offense of insult by publication. Its effect. The action for compensation therefor is subject to the time bar prescribed in Article 23 of Law 3/61 concerning PPleadings — Part Two · Source page ٤٨٨
  20. Principle 2578An action for compensation for publication. It lapses if not brought within three months from the date of publication, unless compelling circumstances prevent it from being brought. Staying the civil action until final dPleadings — Part Two · Source page ٤٨٨
  21. Principle 2579The content of a contract includes its terms and the legal rules applicable thereto. - The insurer's right of recourse against the insured for compensation paid in the cases specified in Article 76 of the Executive RegulPleadings — Part Two · Source page ٤٨٩
  22. Principle 2580Attachment of the debtor's assets held by the Institution for Settlement of Deferred Transactions in Company Shares, rather than by the Kuwait Clearing Company responsible for collecting fees. Its implication is that thePleadings — Part Two · Source page ٤٨٩
  23. Principle 2581The 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.Pleadings — Part Two · Source page ٤٨٩
  24. Principle 2582The requirement for official or private documents written in the testator's handwriting or bearing his seal, signature or fingerprint. Article 214 of Law 51/84. Its purpose. To ascertain that the action rests on evidencePleadings — Part Two · Source page ٤٨٩
  25. Principle 2583The impediment suspending the running of the limitation period for an action. Its nature. Inferring the existence or absence of this impediment. A matter of fact within the exclusive discretion of the trial judge. The coPleadings — Part Two · Source page ٤٨٩
  26. Principle 2584The one-year period restricting the hearing of a labour action. An extinctive limitation period subject to interruption and suspension. - 489 - ProcedurePleadings — Part Two · Source page ٤٨٩
  27. Principle 2586Assessment of the existence of an impediment suspending limitation. Within the authority of the court of merits. The condition therefor.Pleadings — Part Two · Source page ٤٩٠
  28. Principle 2587The one-year period upon whose expiry from the date of termination of the employment contract the legislature barred the hearing of the action. Its nature. - The prescribed period barring the hearing of an action does noPleadings — Part Two · Source page ٤٩٠
  29. Principle 2588An action for recourse by the holder of a cheque. It is subject to a special limitation period of six months from the time for its presentation. The effect thereof. - The judgment reaching the correct conclusion. InadequPleadings — Part Two · Source page ٤٩٠
  30. Principle 2589The one-year period restricting the hearing of a labour action. An extinctive limitation period subject to interruption and suspension. The nature of the procedure by which this action is commenced.Pleadings — Part Two · Source page ٤٩٠
  31. Principle 2590The impediment constituting a ground for suspending the period required to bar the hearing of an action by lapse of time pursuant to Article 446 of the Civil Code. Its nature. The existence or absence of this impediment Pleadings — Part Two · Source page ٤٩٠
  32. Principle 2592The one-year period restricting the hearing of a labor action. An extinctive limitation period. - Assessment of the existence of an impediment suspending limitation such that it is impossible for the worker to claim his Pleadings — Part Two · Source page ٤٩٠
  33. Principle 2593A joint-stock company may bring a liability action against the chairman and members of the board of directors. The cases thereof. The limitation period for this action. Five years. Commencement of the calculation of thisPleadings — Part Two · Source page ٤٩١
  34. Principle 2594A liability action becoming barred by the short and long limitation periods. Article 253/1, Civil Code. - When does the short limitation period for a liability action begin? - Inferring the injured party's knowledge of tPleadings — Part Two · Source page ٤٩١
  35. Principle 2595The liability action brought by a joint-stock company. Its extinguishment by its specific limitation period. Its restriction to the chairman and members of its board of directors. Absence of that capacity in the person aPleadings — Part Two · Source page ٤٩١
  36. Principle 2596A labour action may not be heard after one year from termination of the contract, indicating that an action brought by a worker concerning any of his rights arising from the employment contract is time-barred after one yPleadings — Part Two · Source page ٤٩١
  37. Principle 2597Assessing the existence of an impediment entailing suspension of the running of the period prescribed for barring the hearing of an action is a question of fact determined by the trial judge without review.Pleadings — Part Two · Source page ٤٩١
  38. Principle 2598Leaving an action concerning debt, deposit, ownership and immovable property so as to entail barring the hearing of the action. Its nature. Article 166 of the Majalla of Judicial Provisions.Pleadings — Part Two · Source page ٤٩١
  39. Principle 2599The period prescribed for barring the hearing of an action. Interrupted by a judicial claim, even before a court lacking jurisdiction. A judgment dismissing it or declaring it inadmissible. Effect. Elimination of its effPleadings — Part Two · Source page ٤٩١
  40. Principle 2600Extinctive limitation is interrupted by a judicial demand, even before a court lacking jurisdiction. A final judgment dismissing it. Its effect. The elimination of its effect in interrupting limitation, treating limitatiPleadings — Part Two · Source page ٤٩٢
  41. Principle 2602Extinctive prescription is interrupted by a judicial claim. What is meant by such a claim. - Assessment of whether the conditions for the lapse of the right to warranty are satisfied. A matter of fact within the authoritPleadings — Part Two · Source page ٤٩٢
  42. Principle 2603The impediment that suspends the running of prescription. What is meant thereby. - Assessing the existence or non-existence of the impediment. Within the authority of the court of merits. The condition thereof. An examplPleadings — Part Two · Source page ٤٩٢
  43. Principle 2605The period prescribed for barring the hearing of an action is interrupted by a judicial demand, even if the action is brought before a court lacking jurisdiction. - The condition for the effect attached by the legislaturPleadings — Part Two · Source page
  44. Principle 2606The impediment to the running of the statutory period prescribed for barring the hearing of an action by lapse of time. Its nature. It must constitute a legally recognized excuse. - The impediment constituting a ground fPleadings — Part Two · Source page
  45. Principle 2607Interruption of the period prescribed for barring the hearing of an action results in a new period commencing when the effect arising from the cause of interruption ends. The new period is equivalent to the first period.Pleadings — Part Two · Source page
  46. Principle 2608The Civil Code is the law governing everything for which no provision exists in the Commercial Code and its supplementary legislation. An example concerning the provisions regulating suspension of limitation. - AssessmenPleadings — Part Two · Source page
  47. Principle 2609The plea barring the hearing of an action through lapse of time. May be invoked at any stage of the action unless the party invoking it has acted in a manner indicating waiver thereof. An example not involving waiver.Pleadings — Part Two · Source page
  48. Principle 2610The prescribed period barring the hearing of an action is interrupted by the debtor's express or implied acknowledgment of the creditor's right. The consequence thereof: a new period begins to run.Pleadings — Part Two · Source page
  49. Principle 2612The prescribed period barring the hearing of an action. Does not run whenever an impediment exists that makes it impossible for the creditor to claim his right. The nature of this impediment. Assessment of its existence.Pleadings — Part Two · Source page
  50. Principle 2613The plea barring the hearing of an action. A substantive plea by which the court of first instance exhausts its jurisdiction. Reversal by the court of second instance of the judgment rendered upon it. Its obligation to pPleadings — Part Two · Source page
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