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. بوجه عام

    Principle 3789Failure to address a material defense. Its effect. Deficiency of the judgment. - Assessing the existence of a moral impediment. A matter of fact exclusively for the trial court. - 712 - Civil ProcedurePleadings — Part Two · Source page ٧١٢
  2. Principle 3790Basing the judgment on an erroneous understanding contrary to what is established in the record. Effect. Nullity of the judgment. - Submitting a document material to the action. Its necessary consequence. The judgment muPleadings — Part Two · Source page ٧١٣
  3. Principle 3791The appellant's contention in his appeal that the female custodian is incapable of custody and unfit for it, and his request to refer the action for evidentiary investigation to prove this. The judgment's rejection of thPleadings — Part Two · Source page ٧١٣
  4. Principle 3792Material defence. Its nature. The obligation of the court of merits to investigate it and respond to it. Failure to do so. Its effect. Example of a material defence.Pleadings — Part Two · Source page ٧١٣
  5. Principle 3793The decisive oath belongs to the party, not the judge. Consequence thereof. The judge is obliged to tender it whenever its conditions are met. Failure to do so. Its effect. Deficiency of the judgment through infringementPleadings — Part Two · Source page ٧١٣
  6. Principle 3794The basic rule in an agency, whether general or special, is that the agent’s capacity is limited to undertaking the acts specified therein. Its inclusion of what its execution requires. The judgment’s failure to ascertaiPleadings — Part Two · Source page ٧١٣
  7. Principle 3795The defense that the court of merits is obliged to address and express an opinion on. It is the material defense. Its definition. The judgment’s failure to address it and express an opinion on it. Inadequacy. Example.Pleadings — Part Two · Source page ٧١٣
  8. Principle 3796Vesting guardianship over a minor's property in the Public Authority for Minors Affairs. Its condition. That he be Kuwaiti and have neither a father, nor a designated guardian, nor a true paternal grandfather. - AppointiPleadings — Part Two · Source page ٧١٣
  9. Principle 3797The court of merits is obliged to address every defense maintained by a litigant whenever it is material. The nature of a material defense. The court of merits has authority to assess the evidence submitted to it to provPleadings — Part Two · Source page ٧١٤
  10. Principle 3798Assessment of evidence is exclusively for the trial court, which may adopt the expert’s report unless a party raises a material defense undermining that report. The trial court must address it and express its opinion on Pleadings — Part Two · Source page ٧١٤
  11. Principle 3799Joinder of two actions differing in cause and subject matter does not result in their merger and the loss of each of them and its independence unless one is a means of defence in the other.Pleadings — Part Two · Source page ٧١٤
  12. Principle 3800An order levying a precautionary attachment. Its conditions. The attaching creditor’s debt must be established as existing and due for payment. Disputing satisfaction of these conditions is a material defence. The court Pleadings — Part Two · Source page ٧١٤
  13. Principle 3801A request or defense whose determination is unequivocally sought. The court of merits must respond to it with specific reasons.Pleadings — Part Two · Source page ٧١٤
  14. Principle 3802A challenge alleging forgery or a plea of denial. The trial court may not determine either together with the merits. It must confine its judgment to the forgery challenge or plea of denial alone. The reason for this. To Pleadings — Part Two · Source page ٧١٤
  15. Principle 3803The judgment’s omission to respond to a material defense. Inadequacy invalidating the judgment and requiring its cassation. Example.Pleadings — Part Two · Source page ٧١٥
  16. Principle 3804A claim or defense on which a determination is unequivocally requested. The court of merits must answer it with specific, effective reasons. The reason for this.Pleadings — Part Two · Source page ٧١٥
  17. Principle 3805A litigant maintaining a material defense. Effect thereof. The court’s obligation to address this defense and express its opinion on it.Pleadings — Part Two · Source page ٧١٥
  18. Principle 3807A material defense invoked by a party which, if valid, would change the view taken of the action. Failure of the judgment to scrutinize it. Renders it defective for deficiency. Example.Pleadings — Part Two · Source page ٧١٥
  19. Principle 3808A material defence. Its nature. The litigant's substantiation of it with documents. Requires the court to scrutinize this defence. - The judgment's disregard of a material defence which, if valid, would alter the view taPleadings — Part Two · Source page ٧١٥
  20. Principle 3809The defence that a judgment must address is the material defence. The nature of this defence. The judgment’s failure to scrutinize it. Its effect. Deficiency requiring its cassation. Example.Pleadings — Part Two · Source page ٧١٥
  21. Principle 3810A party’s request to be enabled to prove or disprove a material defense by a legally permissible means of proof. A right of his. The court of merits must grant it. Condition thereof. The judgment’s disregard thereof. An Pleadings — Part Two · Source page ٧١٥
  22. Principle 3811The trial court has full authority to assess the evidence without disregarding a material defense or basing its ruling on something contrary to what is established in the papers. Example. - 715 - Civil ProcedurePleadings — Part Two · Source page ٧١٥
  23. Principle 3812The validity of judgments depends on their being based on reasons that examine and scrutinize every request or material defense capable of affecting the determination of the action. - The court’s omission to respond to aPleadings — Part Two · Source page ٧١٦
  24. Principle 3813The defense that the court is obliged to answer is a material defense. An unsupported assertion does not oblige the court to answer it.Pleadings — Part Two · Source page ٧١٦
  25. Principle 3814Ascertaining the facts and assessing evidence. Within the power of the court of merits. The condition thereof. That it not overlook a material plea presented to it, base it on something contrary to what is established inPleadings — Part Two · Source page ٧١٦
  26. Principle 3815The court of merits. It must address every material defense. Maintained by a litigant, scrutinize it, and state its determination on it. Its failure to do so. Its effect. Its judgment is defective for insufficient reasonPleadings — Part Two · Source page ٧١٦
  27. Principle 3817A material defense which, if valid, would change the outcome of the action. The court must scrutinize it. The Court of Cassation may exercise its review whenever the reasons upon which the judgment is based do not lead tPleadings — Part Two · Source page ٧١٦
  28. Principle 3818The defense to which the court is obliged to respond. Its nature. - 716 - Civil ProcedurePleadings — Part Two · Source page ٧١٦
  29. Principle 3819Material defense. Its condition. That it rest on a sound legal basis. Its unsoundness being established. Failure to respond to it does not render the judgment defective for infringement of the right of defense. - Travel Pleadings — Part Two · Source page ٧١٧
  30. Principle 3820A material defence. The court must scrutinize it; otherwise its judgment is vitiated by invalidating inadequacy. Example.Pleadings — Part Two · Source page ٧١٧
  31. Principle 3821The appellant’s plea that he prepared accommodation for his wife and her son. A material defence. The judgment’s failure to provide a rebutting response. Renders it defective. The reason therefor.Pleadings — Part Two · Source page ٧١٧
  32. Principle 3822The challenged judgment’s adoption of the expert’s erroneous conclusion in calculating the respondent’s bonus and its disregard of the material defense in this regard. Its effect. Its cassation in this respect.Pleadings — Part Two · Source page ٧١٧
  33. Principle 3823A request or defense whose determination would change the view taken of the action. The court must answer it. Failure to do so. Renders the judgment defective for inadequacy. Example.Pleadings — Part Two · Source page ٧١٧
  34. Principle 3825The judgment’s omission to examine and respond to a material defense. Inadequate reasoning that invalidates it. An example of a judgment that did not respond to a material defense concerning the respondent’s liability foPleadings — Part Two · Source page ٧١٧
  35. Principle 3826A claim or defence upon which a decision is unequivocally requested and which changes the outcome of the case. The court must address it. Failure to do so. Its judgment is deemed devoid of reasons. - 717 - Civil ProcedurPleadings — Part Two · Source page ٧١٧
  36. Principle 3827A material defence that changes the view taken of the action. The court must investigate it. Failure to do so. Its effect. Nullity of the judgment. Example.Pleadings — Part Two · Source page ٧١٨
  37. Principle 3829The material defense that the court is obliged to examine and answer. Its nature. A defense for which its supporting document or evidence has not been submitted. Is not regarded as such. Example.Pleadings — Part Two · Source page ٧١٨
  38. Principle 3830A litigant raising a material defense capable of changing the view taken of the case and supporting it with documents. Effect: the judgment must scrutinize this defense in light of those documents. Failure to do so. RendPleadings — Part Two · Source page ٧١٨
  39. Principle 3832A claim or ground of defense that, if valid, would change the view taken of the action. The court must respond to it with specific reasons. Failure to do so. Deficiency. Example. - Ruling that an action or appeal is deemPleadings — Part Two · Source page ٧١٨
  40. Principle 3833The material defence to which the court is obliged to respond. Its nature. - The right of enjoyment under the presumption stipulated in Article 943 of the Civil Code means that the transferor's enjoyment of the property Pleadings — Part Two · Source page ٧١٩
  41. Principle 3834A claim or defence submitted by a litigant before the court of merits, the determination of which may change the view taken of the action. The court must respond to it with specific reasons. Failure to do so. InvalidatesPleadings — Part Two · Source page
  42. Principle 3835The defense which the court of merits is obliged to address is a material defense. The nature of this defense. The judgment’s failure to scrutinize it. Its effect. The necessity of its cassation. Example.Pleadings — Part Two · Source page
  43. Principle 3836The arising of the employer's obligation to compensate the worker for contracting an occupational disease. Its condition. That this disease be included in the statement of occupational diseases or the industries or work Pleadings — Part Two · Source page
  44. Principle 3837The material defence that the court must examine and answer. Its nature. The judgment’s failure to examine and answer this defence despite its materiality. Deficiency. Example.Pleadings — Part Two · Source page
  45. Principle 3838A material defence. Its nature. The court must examine it thoroughly; otherwise, its judgment is defective for inadequate reasoning. - 719 - Civil Procedure - A judgment’s reliance on reasons that do not constitute a proPleadings — Part Two · Source page
  46. Principle 3839Assessment of a litigant’s request to return the assignment to the expert. For the court of merits. The request involving enabling him to prove or disprove a material defense, where this means is relevant to determining Pleadings — Part Two · Source page
  47. Principle 3840Termination of agency upon the death of either party. Not a matter of public policy. Agreement in the agency contract itself or in a subsequent contract that the heirs replace the agent upon the agent’s death. PermissiblPleadings — Part Two · Source page
  48. Principle 3841The trial court. Its obligation to address every defence advanced by a litigant whenever it is material. Its failure to do so. Vitiates its judgment by inadequacy. - The appellant's insistence in its defence that the medPleadings — Part Two · Source page
  49. Principle 3844Assessment of a litigant’s request to refer the assignment back to the expert. For the court of merits. Where the request involves enabling him to prove or disprove a material defence, this means is probative in the dispPleadings — Part Two · Source page
  50. Principle 3846A request or ground of defense advanced before the court of merits and whose determination is unequivocally sought from it. It must respond with specific reasons. Condition thereof: its determination must be capable of cPleadings — Part Two · Source page
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