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. إجراءات الإعلان

    Principle 3257The lawyer's admission that service has occurred. It falls within the scope of his authority as an agent in the litigation, as one of the requirements of defence in the action. Its effect. It constitutes conclusive evidePleadings — Part Two · Source page ٦٢٥
  2. Principle 3258A litigant's cancellation of his elected domicile. He must expressly notify his opponent thereof, otherwise service upon him there is valid. His mere adoption of a new domicile is insufficient evidence of cancellation ofPleadings — Part Two · Source page ٦٢٥
  3. Principle 3259Service on an association is directed to its management headquarters by delivering the copy to its legal representative, to one of those responsible for its management, or to a person acting in its place. If the associatPleadings — Part Two · Source page ٦٢٥
  4. Principle 3260A litigant’s discontinuance of his domicile or workplace after commencement of proceedings without notifying his opponent thereof. He may validly be served at the former domicile or workplace.Pleadings — Part Two · Source page ٦٢٥
  5. Principle 3261Service of a statement of attachment of the debtor’s assets held by a third party does not constitute service of the judgment that opens the avenue for challenging it.Pleadings — Part Two · Source page ٦٢٥
  6. Principle 3263Mere delivery of a copy of the service document to one of the spouses, relatives, or relatives by marriage residing with the person to be served. Is insufficient for valid service at the original domicile. The person effPleadings — Part Two · Source page ٦٢٦
  7. Principle 3264Service upon companies is valid by delivering its copy at their management headquarters to a person acting in place of their representative, one of those managing them, or one of the general partners. What is not requirePleadings — Part Two · Source page ٦٢٦
  8. Principle 3266Rules of civil procedure. Their subjection to the law of the country in which the action is brought or the procedures are undertaken. The reason for this. This applies to all disputes, whether domestic or involving a forPleadings — Part Two · Source page ٦٢٦
  9. Principle 3267The ordinary means of bringing an action is lodging its statement of claim, whereas constitution of the adversarial proceedings requires service of the statement of claim. Confrontation between the opposing parties at thPleadings — Part Two · Source page ٦٢٦
  10. Principle 3268Failure to identify a domicile for the person to be served within Kuwait and abroad. Validity of service upon him through the Public Prosecution and calculation of the time limit for appeal from that date.Pleadings — Part Two · Source page ٦٢٦
  11. Principle 3269Omission of the last domicile, place of residence, or workplace of the defendant or his representative from the statement of claim. Does not entail its nullity. - Independence of the procedure for filing the statement ofPleadings — Part Two · Source page ٦٢٦
  12. Principle 3272Refusal by the person addressed personally to receive service. Its effect. Service is deemed to produce its effects from the time of that refusal.Pleadings — Part Two · Source page ٦٢٧
  13. Principle 3273Service and delivery of judicial documents. Its condition. Delivery by the process server of the notice to the person himself or at his domicile. Absence of the person himself. Its necessary consequence. His absence mustPleadings — Part Two · Source page ٦٢٧
  14. Principle 3274The rules prescribed by law to ensure that the copy reaches the addressee. Compliance therewith by the person effecting service. Its effect. The effects of service ensue, including the presumption that the copy has reachPleadings — Part Two · Source page ٦٢٧
  15. Principle 3276Assessment of whether to impose the sanction of deeming the appeal never to have been brought for failure to complete service within its time limit. Within the unfettered discretion of the court of merits. An example. - Pleadings — Part Two · Source page ٦٢٧
  16. Principle 3277Permissibility of serving an appeal at the elected domicile. An exception. Its condition.Pleadings — Part Two · Source page ٦٢٨
  17. Principle 3278Cases of delivery of a copy of the notice to the police station within whose district the domicile of the person to be served is located. The procedures therefor. The necessity of stating the absence of the person to be Pleadings — Part Two · Source page ٦٢٨
  18. Principle 3281Service upon a company is valid by delivery of its copy at its administrative headquarters to a person acting in place of its representative, one of those responsible for its management, or one of the general partners. FPleadings — Part Two · Source page ٦٢٨
  19. Principle 3282The process server's delivery of the copy for service to the administrative authority. The process server must send a registered letter to the addressee. It suffices to state this on the original service document, not itPleadings — Part Two · Source page ٦٢٨
  20. Principle 3283A litigant's submission, upon filing his statement of appeal, of evidence of the validity of the grounds of appeal on which he relies is an essential procedure in an appeal by cassation. Failure to do so. Its consequencePleadings — Part Two · Source page ٦٢٩
  21. Principle 3285The statement of claim produces its effects merely upon being lodged with the Registry, but its service is a necessary procedural act for constitution of the adversarial proceedings. - The workplace at which service uponPleadings — Part Two · Source page ٦٢٩
  22. Principle 3286Service through the Public Prosecution. An exception that is valid only after precise inquiries. The nature of these inquiries. - Assessment of the sufficiency of inquiries depends on the circumstances of each case and iPleadings — Part Two · Source page ٦٢٩
  23. Principle 3287Service of notice of reinstatement of the action within 90 days of its striking out. A mandatory time limit. Its effect. Ruling that the action is deemed never to have been brought is always a discretionary power of the Pleadings — Part Two · Source page ٦٢٩
  24. Principle 3290The habitual residence at which service is valid. Its investigation is within the authority of the court of merits. Its condition. - The copy for service must be delivered to a spouse, relative, or relative by marriage rPleadings — Part Two · Source page ٦٣٠
  25. Principle 3293A judgment rendered in the absence of the person required to take the decisive oath. Its operative part must be served on him. Article 68 of the Evidence Law. The provision requiring service being unqualified, without rePleadings — Part Two · Source page ٦٣٠
  26. Principle 3294Validity of service of an appeal at the elected domicile. Its criterion. - An appeal against a judgment cannot validly be served at the domicile of the agent of the person against whom the appeal is to be directed. The bPleadings — Part Two · Source page ٦٣١
  27. Principle 3295Understanding the facts in the action, examining indications and documents, and weighing some against others. Within the authority of the court of merits. Its condition.Pleadings — Part Two · Source page ٦٣١
  28. Principle 3296The court of fact has full authority to examine the evidence and documents submitted to it, infer presumptions, prefer those it finds convincing, assess the expert’s work, and adopt it on its stated reasons. Example.Pleadings — Part Two · Source page ٦٣١
  29. Principle 3297Understanding the facts of the action, assessing the existence of a state of mental infirmity in the contracting parties, and giving the facts their correct legal characterization. Within the trial court’s authority, proPleadings — Part Two · Source page ٦٣١
  30. Principle 3298Ascertainment of the facts of the action and interpretation of agreements and extrajudicial acknowledgments. A substantive matter.Pleadings — Part Two · Source page ٦٣١
  31. Principle 3299Ascertaining the facts of the action and assessing the evidence and documents submitted to it. A matter for the court of merits. - Inferring fault giving rise to liability and assessing the existence of damage and the caPleadings — Part Two · Source page ٦٣١
  32. Principle 3300Ascertaining and understanding the facts of the action, characterizing it without being bound by the litigants’ characterization, and giving it its true description. Within the trial court’s authority. - 631 - Civil ProcPleadings — Part Two · Source page ٦٣١
  33. Principle 3301Ascertaining the facts of the action, examining the evidence submitted therein, weighing it against other evidence, preferring that which it finds convincing, and drawing the conclusions it considers consistent with the Pleadings — Part Two · Source page ٦٣٢
  34. Principle 3302The trial court has full authority to ascertain and understand the facts of the action, assess the evidence and documents, and rely upon an expert report joined in another action. The condition therefor.Pleadings — Part Two · Source page ٦٣٢
  35. Principle 3303Ascertainment of the facts of the action. For the court of merits. It may adjudicate the claims submitted on the basis of the arguments, pleas and means of defence presented by the parties.Pleadings — Part Two · Source page ٦٣٢
  36. Principle 3304The court of merits has authority to ascertain the facts of the action and examine the evidence and documents submitted to it. - Legal rules depend, in their existence and absence, upon their operative reason. Where the Pleadings — Part Two · Source page ٦٣٢
  37. Principle 3305The court of merits has full authority to ascertain and understand the facts of the action. It may adopt the expert's report whenever satisfied with it, without being obliged to respond separately to the challenges direcPleadings — Part Two · Source page ٦٣٢
  38. Principle 3306Ascertaining the facts and assessing the evidence in the action. Within the authority of the court of merits. - The court of merits is not obliged to follow the litigants through the various aspects of their defences andPleadings — Part Two · Source page ٦٣٢
  39. Principle 3307Legal characterization of the claims in the action and ascertainment of the meaning of agreements. Within the authority of the court of merits. Its condition. - 632 - Civil ProcedurePleadings — Part Two · Source page ٦٣٢
  40. Principle 3308Assessment of indications, weighing them and preferring some over others. For the court of merits. Its condition.Pleadings — Part Two · Source page ٦٣٣
  41. Principle 3309Understanding the facts of the action, assessing the evidence therein, adopting the expert’s report, and interpreting documents and instruments. Matters for the court of fact. The condition therefor.Pleadings — Part Two · Source page ٦٣٣
  42. Principle 3310Understanding the facts of the action, examining the evidence and documents, and discerning the meaning of their wording. A matter of fact. Its condition.Pleadings — Part Two · Source page
  43. Principle 3311Assessment of evidence and adoption of what it finds reliable therein. For the court of merits. It may adopt the expert’s report without being obliged to respond separately to challenges directed against it. The reason tPleadings — Part Two · Source page
  44. Principle 3312Determining the true relationship linking the two parties to the proceedings. A matter of fact within the authority of the court of merits. No fault attaches to its reliance upon any evidence so long as it is among the lPleadings — Part Two · Source page
  45. Principle 3313Ascertaining the facts and assessing the evidence. Within the authority of the court of merits. The condition thereof.Pleadings — Part Two · Source page
  46. Principle 3314The impediment that suspends the running of limitation. Its meaning. - Assessment of the existence or absence of the impediment. Within the authority of the court of merits. The condition therefor. Example. - Cassation oPleadings — Part Two · Source page
  47. Principle 3315Forming an understanding of the facts, examining indications and documents, weighing them and preferring some over others. Within the authority of the court of merits. The condition for this.Pleadings — Part Two · Source page
  48. Principle 3316The rules governing service on companies and private legal persons. It is mandatory to begin by directing - 633 - Procedure service to their management headquarters, to their legal representative, one of those responsiblPleadings — Part Two · Source page
  49. Principle 3317A procedural act. When it is void. - The requirement to show the name of the person effecting service in the copy. Its purpose. Sufficiency of stating both of them in the original document. The effect thereof.Pleadings — Part Two · Source page
  50. Principle 3318The decision to expropriate for public benefit. The requirement to inform the interested owners and apparent right-holders thereof. The manner thereof. Publication in the Official Gazette and posting on the door of the mPleadings — Part Two · Source page
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