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. إعلان الشركات والأشخاص الاعتبارية الخاصة

    Principle 3150Service on a company is valid by delivering a copy at its head office to a person acting in place of its representative, one of those responsible for its management, or one of the general partners. Failure to do so. Its Pleadings — Part Two · Source page ٦٠٣
  2. Principle 3152A legal person whose management headquarters are abroad and which conducts its activities in Kuwait, and which has not specified in its statement of claim its workplace or local management headquarters in Kuwait. ServicePleadings — Part Two · Source page ٦٠٣
  3. Principle 3153Service on companies. Its procedures. - Prohibition on delivering a copy of the document served to one of those responsible for managing the premises or one of its workers in the absence of the person to be served. ArticPleadings — Part Two · Source page ٦٠٣
  4. Principle 3154Private legal persons whose principal headquarters are abroad and which conduct activities in Kuwait. Their business domicile for purposes of domestic law is deemed to be the place where the local management is located. Pleadings — Part Two · Source page ٦٠٣
  5. Principle 3155Service upon companies. How it is effected. An example concerning service upon a limited liability company through its general manager.Pleadings — Part Two · Source page ٦٠٣
  6. Principle 3156The rules governing service on companies and private legal persons. The requirement to begin by directing service to their management headquarters, to their legal representative, one of those responsible for their managePleadings — Part Two · Source page ٦٠٣
  7. Principle 3157The condition for valid service on a company is delivery of a copy of the service document at its management headquarters to its legal representative, one of those responsible for its management, one of the general partnPleadings — Part Two · Source page ٦٠٤
  8. Principle 3158Service upon a private legal person. Its copy is delivered at its administrative headquarters, otherwise it is void. Article 1 of the Code of Civil Procedure. - Identifying the location of a commercial company’s administPleadings — Part Two · Source page ٦٠٤
  9. Principle 3159Validity of service on a company at its management headquarters. Its criterion. Failure of service and non-appearance of the defendant. Its effect. Failure of the principle of adversarial confrontation between the partiePleadings — Part Two · Source page ٦٠٤
  10. Principle 3160Service relating to companies. It must be directed to their administrative headquarters and delivered to their legal representative, to one of those responsible for their management, or to a person acting in the place ofPleadings — Part Two · Source page ٦٠٤
  11. Principle 3161Service upon a company at its management headquarters. The criterion for its validity. The recipient of the copy for service must be one of those exhaustively listed in paragraph five of Article ten of the Civil ProcedurPleadings — Part Two · Source page ٦٠٥

  12. إعلان رجال الجيش والشرطة والحرس الوطني

    Principle 3162The board of directors of a shareholding company. Its right to issue an invitation to a general assembly meeting on its own initiative or at the request of a specified number of shareholders, and the requirement that thePleadings — Part Two · Source page ٦٠٥
  13. Principle 3163Service upon army, police, and National Guard personnel. Delivery to the person designated for this purpose by a decision of the competent minister. Its condition. That service be requested at their workplace. Example.Pleadings — Part Two · Source page ٦٠٥

  14. عدم التزام الخصم بإعلان مذكراته ومستنداته بالجلسة إلى خصمه الغائب

    Principle 3164Service on members of the armed forces at their workplace. Its procedures. Following those procedures. Its implication: presumption that the copy of the document served reached the person served. This presumption may notPleadings — Part Two · Source page ٦٠٥

  15. والتحقق من حصول الإعلان

    Principle 3165A party may submit documents and his memoranda at the hearing without being obliged to serve them on his absent opponent. The basis therefor. (g) The authority of the court of fact to infer domicile and ascertain that sePleadings — Part Two · Source page ٦٠٦
  16. Principle 3166Verifying that service upon the litigants in the action occurred. Within the trial court’s authority. The condition therefor. An example of valid service having occurred.Pleadings — Part Two · Source page ٦٠٦
  17. Principle 3167The general rule in service of documents is that they are delivered to the person himself, at his domicile, or at his workplace. Inquiry into and verification of the domicile of the person to be served. Its burden. Upon Pleadings — Part Two · Source page ٦٠٦
  18. Principle 3168Assessing the sufficiency of the statement of domicile and the existence of the factual elements of a business domicile. A factual matter independently assessed by the trial court, provided its assessment is reasonable.Pleadings — Part Two · Source page ٦٠٧
  19. Principle 3169Verification that service on the parties occurred, and negation thereof. A matter of fact within the authority of the court of merits. Its condition.Pleadings — Part Two · Source page ٦٠٧
  20. Principle 3170Ascertaining the domicile where service may validly be effected and verifying whether service occurred or denying it. A matter of fact independently determined by the court of merits. Its condition.Pleadings — Part Two · Source page ٦٠٧
  21. Principle 3171Assessment of the existence of a domicile or workplace and determination of whether it is single or multiple. A matter of fact independently determined by the judge of merits. The condition therefor. - Assessment of the Pleadings — Part Two · Source page ٦٠٧
  22. Principle 3172Ascertaining the place of habitual residence which the law considers a domicile where service may validly be effected, and verifying whether service occurred or denying it. A matter of fact. The court of merits independePleadings — Part Two · Source page ٦٠٧
  23. Principle 3175Investigation of the habitual residence at which service is valid and verification that service occurred or negation thereof. A factual matter for the court of merits. - A person may have more than one domicile, and servPleadings — Part Two · Source page ٦٠٨
  24. Principle 3176Investigation of the fact of service on the litigants in the action. A matter of fact not subject to review by the Court of Cassation so long as that investigation has support in the papers of the action.Pleadings — Part Two · Source page ٦٠٨
  25. Principle 3177Ascertainment of the habitual residence that the law considers a domicile at which service is valid, and verification of the fact of service upon the parties to the action. A matter of fact. The condition therefor.Pleadings — Part Two · Source page ٦٠٨

  26. أثر تخلف الإعلان

    Principle 3178The process server's compliance with the rules prescribed by law. Its effect. Service is valid and all legal effects follow, including the presumption that the copy actually reached the person served. This presumption maPleadings — Part Two · Source page ٦٠٨
  27. Principle 3179Assessment of whether to impose the sanction of deeming the action or appeal as never having been brought if the defendant or respondent has not been summoned to appear within the prescribed time limit. Falls within the Pleadings — Part Two · Source page ٦٠٨
  28. Principle 3180Imposition of the sanction of deeming the action as never having been brought for failure to serve it within the legally prescribed period. Its condition.Pleadings — Part Two · Source page ٦٠٩

  29. بطلان الإعلان والحضور الذي يصححه

    Principle 3182The respondent’s appearance within the prescribed time limit for appeal in cassation. Its effect. The purpose of service upon him is achieved, and he may not thereafter plead nullity of service.Pleadings — Part Two · Source page ٦٠٩
  30. Principle 3183Invalidity of service of the cassation appeal petition under Law 40 of 1972. Effect. Invalidity of the appeal. The respondent’s appearance at the hearing scheduled for its consideration after expiry of its time limit doePleadings — Part Two · Source page ٦٠٩
  31. Principle 3184The respondent’s submission of a memorandum responding to the appeal within the statutory period from the date of service upon him. Its consequence. Inadmissibility of the plea of nullity.Pleadings — Part Two · Source page ٦٠٩
  32. Principle 3185Invalidity of service of the cassation appeal petition has no effect on an appeal validly filed. The reason for this.Pleadings — Part Two · Source page ٦٠٩
  33. Principle 3186A party's appearance at the hearing fixed for consideration of the action and submission of documents and a memorandum of his defence. Its effect. Absence of prejudice from the defect affecting service upon him of the stPleadings — Part Two · Source page ٦٠٩
  34. Principle 3187Parties properly joined may not invoke the invalidity of service upon others on the ground that the subject matter is indivisible. The condition for their benefiting from this nullity.Pleadings — Part Two · Source page ٦١٠
  35. Principle 3188Service of judicial documents. Its manner, procedures and nullity. Example of invalid service.Pleadings — Part Two · Source page ٦١٠
  36. Principle 3189The condition for ruling that a procedural act is invalid. That its invalidity result in harm to the opposing party. Invalidity of service of the cassation appeal petition. Establishment that the respondent submitted a mPleadings — Part Two · Source page ٦١٠
  37. Principle 3190Nullity of summonses due to a defect in service, in the designation of the court, or in the hearing date. Relative nullity established in the interest of the person for whose protection it was prescribed and not relatingPleadings — Part Two · Source page ٦١٠
  38. Principle 3191A ground of challenge alleging invalidity of service because it was directed to a place other than the addressee's domicile. A matter in which fact and law are intertwined. Invoking it for the first time before the CourtPleadings — Part Two · Source page ٦١٠
  39. Principle 3192Nullity of service does not affect the appeal, and the defect in service may be rectified without the need to file a new statement. - Nullity shall not be adjudged, despite being expressly stipulated, if the defect affecPleadings — Part Two · Source page ٦١٠
  40. Principle 3193Existence of management headquarters for a legal person. It must be served there. Failure to do so. Its effect. Invalidity of service.Pleadings — Part Two · Source page ٦١١
  41. Principle 3194A cassation appeal is deemed lodged from the date its petition is filed with the Registry, regardless of the time of its service. The effect thereof. Nullity of service has no effect on the appeal.Pleadings — Part Two · Source page ٦١١
  42. Principle 3195Invalidity of service of the notice of appeal and the failure of the person served to appear before the Court of Appeal. Its effect. The latter’s right to invoke this invalidity for the first time before the Court of CasPleadings — Part Two · Source page
  43. Principle 3196A plea of nullity of service of the judgment. The right thereto lapses if it is not raised in the statement of appeal, unless that right arose only after the statement was filed.Pleadings — Part Two · Source page
  44. Principle 3197The respondent’s knowledge of the appeal brought by a statement filed with the court registry within the time limit, and his submission of a response memorandum within the time limit, achieve the purpose of service upon Pleadings — Part Two · Source page
  45. Principle 3198Appearance pursuant to invalid service removes the nullity, thereby validating service from the date it occurred, not from the date of appearance. Its effect. Service is deemed to have been effected within the time limitPleadings — Part Two · Source page
  46. Principle 3199The appearance of a party which extinguishes their right to invoke the invalidity of summonses and statements of claim. It is appearance pursuant to service of the document itself at the time and place specified therein Pleadings — Part Two · Source page
  47. Principle 3200Nullity of summonses to appear due to a defect in service, in the designation of the court, or in the hearing date is cured by the addressee's appearance at the hearing specified in the notice or by filing a memorandum oPleadings — Part Two · Source page
  48. Principle 3201Invalidity of summonses. Relative, prescribed in the interest of the person for whose protection it was enacted, and not pertaining to public order.Pleadings — Part Two · Source page
  49. Principle 3202No prejudice resulting to the litigant. Its necessary consequence. The court must not rule that the procedure is void. - The respondent's submission of a memorandum of defence within the time limit. The purpose of servinPleadings — Part Two · Source page
  50. Principle 3203Nullity of service of statements of claim and summonses to appear. Relative nullity unrelated to public policy. It is cured by the addressee's appearance at the hearing specified in the notice or by filing a memorandum oPleadings — Part Two · Source page
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