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 3321The decisive oath. Prescribed as a refuge for the person requesting it when he lacks other means of proof. The person to whom it is directed must take it immediately if present, or otherwise be deemed to have refused it,Pleadings — Part Two · Source page ٦٣٥
  2. Principle 3323The criterion for the validity of service of an appeal at the elected address is that the party must have designated it as their elected address in the document serving the judgment. Neither the date of submission of thePleadings — Part Two · Source page ٦٣٥
  3. Principle 3324The procedures the process server must follow if he does not find the person to be served at his workplace, so that service produces its effects. Their nature. - The workplace at which service is recognised. Its nature.Pleadings — Part Two · Source page ٦٣٥
  4. Principle 3329Existence of a known domicile abroad for the addressee. Its consequence. The papers are delivered to the Public Prosecution for transmission to the Ministry of Foreign Affairs - 636 - Civil Procedure for delivery throughPleadings — Part Two · Source page ٦٣٦
  5. Principle 3330Constitution of proceedings. Its condition. Valid service of the petition on the plaintiff. Nullity of service. Its effect. Proceedings are not constituted, and any procedure or judgment issued therein is void.Pleadings — Part Two · Source page ٦٣٧
  6. Principle 3331Delivery of the copy of the service document to the administrative authority. The person to be served must be notified by registered letter. Recording this in the original service document rather than its copy suffices. Pleadings — Part Two · Source page ٦٣٧
  7. Principle 3333Service of the petition for a payment order and the order issued thereon, which commences the period for lodging a grievance. Its condition. That it be directed to the debtor personally or at his original domicile or worPleadings — Part Two · Source page ٦٣٧
  8. Principle 3336Validity of service at an elected domicile. Its prerequisite. That the litigant designate it as his domicile in the document serving the judgment. The reason for this. - Nullity of a procedure. Its condition. That the laPleadings — Part Two · Source page ٦٣٨
  9. Principle 3337The statement of claim. It must be served within ninety days from the date of lodging it with the Court Registry. Contravention thereof. The action may be deemed never to have existed upon the defendant's request. The coPleadings — Part Two · Source page ٦٣٨
  10. Principle 3339Time limit for notification. Extended to the first working day if its last day falls on an official holiday. Article 17 of the Code of Procedure. - 638 - Procedure - The appellant's appearance in person and his failure tPleadings — Part Two · Source page ٦٣٨
  11. Principle 3340Renewal of the action within 90 days of its being struck out. A mandatory time limit. The condition for its fulfilment is the constitution of the proceedings. The means thereof is service, which realizes the principle ofPleadings — Part Two · Source page ٦٣٩

  12. ميعاد التكليف بالحضور

    Principle 3342The time limit for challenging judgments. From the date of their pronouncement. Its extension, if its end falls on an official holiday, to the first working day thereafter. The basis and effect thereof. Example. 3- Time Pleadings — Part Two · Source page ٦٣٩

  13. ميعاد المسافة

    Principle 3344Service of the petition and the payment order issued, which commences the time limit for challenge. Its requirements. - The time limit for challenge begins when the addressee has legal knowledge of the order. Such knowlePleadings — Part Two · Source page ٦٤٠

  14. إعادة الإعلان

    Principle 3345The additional time allowance for distance in a cassation appeal. The relevant domicile is the domicile adopted by the appellant for himself in the previous stages of litigation. Changing it in the cassation appeal petitPleadings — Part Two · Source page ٦٤٠
  15. Principle 3348The respondent who was not personally served with the appeal petition, failed to appear at the appeal hearings and did not submit a memorandum of defence must be served again. Contravention of this. Its effect: nullity oPleadings — Part Two · Source page ٦٤٠

  16. محضر الجلسة

    Principle 3350The respondent’s failure to attend the scheduled hearings and failure to submit a memorandum of his defence. The court must adjourn consideration of the appeal to a subsequent hearing for service on him again if he has nPleadings — Part Two · Source page ٦٤١
  17. Principle 3351The hearing record. An official document. It may not be alleged to be contrary to the truth except by pursuing a challenge on grounds of forgery.Pleadings — Part Two · Source page ٦٤٢
  18. Principle 3352The hearing record is an official document having evidentiary authority. It may not be alleged to contradict the truth except by pursuing a challenge of forgery.Pleadings — Part Two · Source page ٦٤٢
  19. Principle 3353Issuance of a judgment, whether by deliberating upon it or signing its draft. Permissible only for the judges who heard the pleadings. An impediment affecting any of them, preventing him from attending the hearing for itPleadings — Part Two · Source page ٦٤٢
  20. Principle 3354The parties may, at any stage of the action, request the court to record in the hearing minutes the settlement or any other agreement they have reached, to have it signed by them or their agents, and to append their writPleadings — Part Two · Source page ٦٤٢
  21. Principle 3355The appellant may discontinue proceedings in a cassation appeal or an appeal by stating this orally at the hearing and having it recorded in its minutes. This applies to an appeal heard by the Court of Cassation after itPleadings — Part Two · Source page ٦٤٢
  22. Principle 3356The hearing record is an official document having probative force against all persons as to what is recorded therein. An allegation that it differs from the truth. The means thereof. A challenge alleging forgery.Pleadings — Part Two · Source page ٦٤٣
  23. Principle 3357Failure of one of the judges who issued the judgment to attend the hearing at which it is pronounced. Its necessary consequence. It must be recorded that he signed the draft judgment containing its reasons and operative Pleadings — Part Two · Source page ٦٤٣

  24. تحري الموطن والتحقق من تمام الإعلان

    Principle 3361Assessment of whether the statement of domicile is sufficient. Within the authority of the court of merits. - Verification of whether the litigants have been served is within the authority of the court of merits.Pleadings — Part Two · Source page ٦٤٥
  25. Principle 3362The habitual residence at which service is valid. Ascertaining it. Falls within the authority of the court of fact. Its condition.Pleadings — Part Two · Source page ٦٤٥
  26. Principle 3363Assessing the existence of a domicile or whether it is single or multiple. A matter of fact, provided the assessment is reasonable. An example of an unreasonable assessment requiring cassation of the judgment for error iPleadings — Part Two · Source page ٦٤٥
  27. Principle 3364The workplace at which service is recognized. The place where a person carries on a trade or craft or manages his property. Ascertaining it. A matter of fact independently determined by the court of merits. The conditionPleadings — Part Two · Source page ٦٤٥
  28. Principle 3365Private legal persons whose head office is abroad and which carry on activities in Kuwait. Their business domicile for purposes of domestic law is deemed to be the place where the local administration is located. AssessmPleadings — Part Two · Source page ٦٤٦
  29. Principle 3369Determining the place where a person actually and stably resides with the intention of settling. A factual matter exclusively for the court of merits.Pleadings — Part Two · Source page ٦٤٦
  30. Principle 3372Ascertaining the habitual place of residence — domicile — at which service is valid, and verifying whether service occurred. A matter of fact. A person may have more than one domicile. The consequence thereof: validity oPleadings — Part Two · Source page ٦٤٦

  31. تقدير حصول الإعلان

    Principle 3379Verification that service upon the parties occurred, and negation thereof. A matter of fact assessed by the court of merits. Example.Pleadings — Part Two · Source page ٦٤٨

  32. تحري الصفة والمصلحة في الدعوى

    Principle 3380Verification that the litigants have been served and negation thereof. A matter of fact independently assessed by the court of merits. The condition for this. 4- Investigation of standing and interest in the action:-Pleadings — Part Two · Source page ٦٤٨
  33. Principle 3381Inferring the existence or absence of standing in the action. A matter for the court of fact, so long as the inference is sound.Pleadings — Part Two · Source page ٦٤٨
  34. Principle 3382Investigating the litigants’ standing in the action. A factual matter independently determined by the trial court.Pleadings — Part Two · Source page ٦٤٨
  35. Principle 3383It is within the authority of the court of merits to infer standing in the action so long as its inference is reasonable. Disputing that before the Court of Cassation is inadmissible.Pleadings — Part Two · Source page ٦٤٨
  36. Principle 3385Standing in the action. When it exists in the defendant. - Inquiry into the parties’ standing. Within the authority of the court of merits, so long as it is reasonable.Pleadings — Part Two · Source page ٦٤٨
  37. Principle 3386Verification of the capacity to represent a litigant. A factual matter independently determined by the court of merits.Pleadings — Part Two · Source page ٦٤٨
  38. Principle 3387Ascertaining the litigants' standing in the action. A question of fact exclusively for the court of merits. - 648 - Civil ProcedurePleadings — Part Two · Source page ٦٤٨
  39. Principle 3388When standing in an action exists. Investigating this standing is within the authority of the court of merits.Pleadings — Part Two · Source page ٦٤٩
  40. Principle 3389Assessing evidence and documents, preferring those found reliable, and adopting one conclusion rather than another even if the latter is possible. Within the authority of the court of merits. - Ascertaining the capacity Pleadings — Part Two · Source page ٦٤٩
  41. Principle 3391Standing in the action. Its criterion. - Investigation of the parties' standing. A factual matter. Its determination is exclusively for the court of merits whenever it is sound.Pleadings — Part Two · Source page ٦٤٩
  42. Principle 3392Ascertaining a litigant's standing in the action. A matter of fact. The court of merits has exclusive authority to determine it. - A sole proprietorship forms part of its owner's patrimony, and he is the person with stanPleadings — Part Two · Source page
  43. Principle 3394Inference of the existence of capacity in the action. A matter of fact. Independently determined by the judge of merits. - Inclusion of a statement of the capacity of the person bringing the action in a particular place Pleadings — Part Two · Source page
  44. Principle 3396Ascertaining the litigants' standing in the action. Within the authority of the court of merits. Its condition: that it be sound and not contradict what is established in the papers.Pleadings — Part Two · Source page
  45. Principle 3398Standing in the action exists in respect of the defendant whenever the right sought therein exists against him. - Ascertaining a party’s standing in the action. One of the factual matters which the court of fact has exclPleadings — Part Two · Source page
  46. Principle 3399Standing in the action exists in the plaintiff where he is the holder of the right claimed therein, upon establishment of the defendant’s obligation in respect of it and responsibility for it. It attaches to the litigantPleadings — Part Two · Source page
  47. Principle 3400Ascertaining the parties’ standing and inferring its existence or absence. A factual matter for the court of fact. Its condition.Pleadings — Part Two · Source page
  48. Principle 3401Standing in the action. It exists in the plaintiff where he is the holder of the right claimed therein, and in the defendant where the right claimed from him exists against him. - Investigating the existence or absence oPleadings — Part Two · Source page
  49. Principle 3403Interpreting contracts, instruments, and agreements and investigating the litigants’ standing. Within the trial court’s authority, provided it bases its ruling upon reasonable grounds. An example of reasonable reasoning Pleadings — Part Two · Source page
  50. Principle 3404Standing in the action. Its existence in the plaintiff whenever the right sought therein exists against him if the defendant’s entitlement is established. - Inquiry into standing in the action. A matter of fact for the cPleadings — Part Two · Source page
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