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. الإفلاس

    Principle 336Issuance of a judgment declaring bankruptcy. Its effect. Article 597 of the Commercial Code. - Secured creditors holding pledges or mortgages and holders of special preferential rights may bring or continue actions againPleadings — Part Two · Source page ٦٥
  2. Principle 337Issuance of a judgment declaring bankruptcy. Its effect: divesting the bankrupt, from its date, of the administration of all assets, whether related to the bankrupt’s trade or not. The reason therefor. This extends to asPleadings — Part Two · Source page ٦٥
  3. Principle 338Issuance of a judgment declaring bankruptcy. Its effect. Dispossessing the bankrupt, from its date, of the administration of all his property, whether connected with his trade or not. Reason therefor. All his property sePleadings — Part Two · Source page ٦٦
  4. Principle 339Judgments rendered in disputes relating to bankruptcy which arise only in connection therewith, to which its rules and provisions apply, and adjudication of which requires application of the provisions of the articles spPleadings — Part Two · Source page ٦٦

  5. الإحالة وحجز الدعوى للحكم

    Principle 340Ordinary creditors and creditors holding general preferential rights may not take individual proceedings against the bankrupt debtor. The means of obtaining their rights. Its manner. The appellant's failure to follow thePleadings — Part Two · Source page ٦٦
  6. Principle 341Amendment of the value of the action before the Court of First Instance to an amount not exceeding five thousand dinars. Its effect. The said court must, of its own motion, rule that it lacks jurisdiction ratione valorisPleadings — Part Two · Source page ٦٦
  7. Principle 342The court competent to hear an application for interpretation is the court that rendered the judgment. Submission of the application to another court. Its consequence. - Referral from a lower court to a higher court. NotPleadings — Part Two · Source page ٦٧
  8. Principle 344The court disregarding a document or memorandum submitted by a litigant during the period when the action was reserved for judgment without his having been authorized to do so. No defect. The basis thereof. Example.Pleadings — Part Two · Source page ٦٧
  9. Principle 345Completion of pleadings in the action and reserving it for judgment. Rendering judgment without granting the request to reopen pleadings. No error.Pleadings — Part Two · Source page ٦٧
  10. Principle 346Establishment of lineage to a deceased person may occur only within an action concerning a right or property against a proper adversary, because this requires a judgment against him. A judgment against a deceased person,Pleadings — Part Two · Source page ٦٧
  11. Principle 347Establishment of a child's paternal filiation through the marital bed. Its condition. The existence of marriage and the passage of at least six lunar months thereof, with the possibility of meeting. Denial of this filiatPleadings — Part Two · Source page ٦٧
  12. Principle 348A request to reopen oral argument. No reproach attaches to the court if it does not grant the litigant’s request. Example.Pleadings — Part Two · Source page ٦٨

  13. النطق بالحكم وإيداع مسودته

    Principle 349What governs the identification of the claims before the court is the final claims. Omission to determine one of the claims. The consequences thereof. - An incidental claim. Its requirements. An example. - Inadvertent omPleadings — Part Two · Source page ٦٨

  14. الإعادة لأول درجة

    Principle 350The draft judgment containing its reasons must be deposited bearing the signatures of all members of the panel that issued it. Failure to do so. Its effect. Nullity of the judgment. Their signatures on the sheet containiPleadings — Part Two · Source page ٦٨

  15. التقاضي على درجتين

    Principle 356A ground relating to public policy. The Court of Cassation may raise it of its own motion even if it was not included in the notice of appeal. Example concerning violation of the principle of two-tier adjudication. - ThePleadings — Part Two · Source page ٧٠
  16. Principle 357The basic principle of the litigation system is that it comprises two levels, so new claims are not admissible on appeal. - A litigant’s limitation of the claims before the court of first instance to a request for appoinPleadings — Part Two · Source page ٧٠
  17. Principle 358The principle of litigation at two levels. Its meaning. Reconsideration, for a second time before the Court of Appeal, of the same case heard by the court of first instance. Its effect. The Court of Appeal may hear it onPleadings — Part Two · Source page ٧٠
  18. Principle 359Exhaustion by the court of first instance of its jurisdiction. Appeal against that judgment. Its effect. The Court of Appeal must decide the merits of the action without this being considered an assumption of original juPleadings — Part Two · Source page ٧٠
  19. Principle 360Litigation at 2 levels. Its fundamental pillar. Reconsideration, for a second time before the Court of Appeal, of the case decided by the first-instance court, without submission of a new case. - Appeal. Its effect. TranPleadings — Part Two · Source page ٧١
  20. Principle 361The appellate court may not adjudicate the merits of the action if it reverses the judgment upholding a procedural plea. It must remit it to the court of first instance. The reason therefor: not depriving the parties of Pleadings — Part Two · Source page ٧١
  21. Principle 362The system of litigation at two levels. Its import. Reconsideration, for a second time before the Court of Appeal, of the same case adjudicated by the court of first instance. Effect thereof. The Court of Appeal may hearPleadings — Part Two · Source page ٧١
  22. Principle 363Litigation at two levels. A statutory safeguard falling within the ordinary legislature's discretion, not a constitutional principle. The implication thereof. Under the constitutional authorization, the legislature may pPleadings — Part Two · Source page ٧١
  23. Principle 367The court of first instance exhausting its jurisdiction by deciding the merits of the action. The Court of Appeal concluding that the judgment is void because of a defect therein or the nullity of the preceding procedurePleadings — Part Two · Source page ٧٢
  24. Principle 368The appellate court's reversal of the judgment on the principal claim. The case must be remitted to the court of first instance to determine the alternative claims. It may not itself determine these - 72 - Civil ProcedurPleadings — Part Two · Source page ٧٢
  25. Principle 369Litigation at two levels is one of the fundamental rules of litigation. - New claims before the Court of Appeal are inadmissible. The reason therefor. - Making any new claim before the Court of Appeal. Inadmissible. Its Pleadings — Part Two · Source page ٧٣
  26. Principle 370Judgments concerning the form of procedures without addressing the merits do not exhaust the jurisdiction of the court of first instance. Setting aside the judgment. The action must be remitted to it for adjudication.Pleadings — Part Two · Source page ٧٣
  27. Principle 371Nullity of the judgment under appeal owing to a defect in it or in the procedures preceding it, without the nullity extending to the statement of claim. The court must not stop at declaring nullity and must decide the mePleadings — Part Two · Source page ٧٣

  28. بطلان الإجراءات

    Principle 372Establishment of the nullity of the judgment under appeal because of a defect in it or in the procedures preceding it, without the nullity extending to the statement initiating the action or its service. The Court of AppPleadings — Part Two · Source page ٧٤
  29. Principle 373Nullity arising from failure to serve one of the litigants. A relative nullity that may be invoked only by the person for whose benefit it was prescribed. An example concerning the appellant's invocation of the invaliditPleadings — Part Two · Source page ٧٤
  30. Principle 375Ensuring the impartiality of the body conducting the trial. Among the settled principles, general tenets of trials, and essential safeguards that must be afforded to the accused, whether the trial is criminal or discipliPleadings — Part Two · Source page ٧٤
  31. Principle 376The trademark owner may obtain an order from the competent judge for the necessary conservatory measures to stop infringement of his trademark. The condition therefor: following attachment of the machinery used in commitPleadings — Part Two · Source page ٧٥
  32. Principle 377The prerequisite for capacity. Establishment of the litigant’s legal personality, whether a natural or legal person. Its absence. Its effect: absolute nullity of the proceedings in the action, pertaining to public policyPleadings — Part Two · Source page ٧٥

  33. إجراءات التحقيق

    Principle 378Issuance of a judgment possessing the force of res judicata and establishment that the party against whom it was rendered was not properly represented in the proceedings. Its consequence. That force does not immunize it Pleadings — Part Two · Source page ٧٥

  34. إجراءات التنفيذ

    Principle 380The provisions concerning the order of procedural pleas governed by Article 77 of the Civil Procedure Code. They may not be extended to a plea of nullity or unenforceability of a disposition. The reason for this. The plePleadings — Part Two · Source page ٧٥
  35. Principle 381A creditor’s taking compulsory enforcement measures against the debtor’s assets pursuant to a judgment having the force of res judicata. A right that does not entail liability so long as the creditor observes the proceduPleadings — Part Two · Source page ٧٦
  36. Principle 382The State's purchase of certain debts in accordance with the controls prescribed in Law 41/1993, as amended. Its effect: those debts pass to the State with all their real and personal securities, and the provisions goverPleadings — Part Two · Source page ٧٦
  37. Principle 383The enforcement officer may stay enforcement or proceed with it provisionally until the enforcement objection is adjudicated. Article 212 of the Civil Procedure Law.Pleadings — Part Two · Source page ٧٦
  38. Principle 384The sales judge is entrusted with conducting the procedures for the sale of real property, supervising their regularity, and undertaking the bidding procedures. - Calling out the sale. Its rationale. - The sales judge's Pleadings — Part Two · Source page ٧٦
  39. Principle 385Appeal against a judgment awarding the auction sale. Its cases. They are exhaustively enumerated. Nullity of the procedures preceding the sale hearing falls outside those cases. Reason therefor. - 76 - Civil ProcedurePleadings — Part Two · Source page ٧٦
  40. Principle 386Demanding from shareholders the outstanding value of their shares during the company's existence and before its termination. The manner thereof: it may recover its entitlement itself by offering the shares for sale at puPleadings — Part Two · Source page ٧٧
  41. Principle 387Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. Its purpose. - Debt rescheduling or immediate cash payment under Law 41 of 1993. The conditions for this and the consequPleadings — Part Two · Source page ٧٧
  42. Principle 388Conducting bidding procedures and the sale of real property. Entrusted to the sales judge. Calling the sale. Considered a procedure to notify those present of the commencement of the hearing and inform them of the properPleadings — Part Two · Source page ٧٧
  43. Principle 389Enforcement procedures. May be conducted only against the judgment debtor. - A foreign judgment, even if it has acquired the force of res judicata. Its enforcement in Kuwait may not be ordered except in accordance with tPleadings — Part Two · Source page ٧٧
  44. Principle 390Imposing a precautionary attachment on the debtor's property held by third parties. Its condition. The attaching party must be a creditor of a debt whose existence is certain, established by an apparent basis indicating Pleadings — Part Two · Source page ٧٧
  45. Principle 391The Department for Enforcement of Judicial Judgments. Its composition. Article 189 of the Civil Procedure Code. - Enforcement of judgments. Among its requirements. The person against whom enforcement is directed must be Pleadings — Part Two · Source page ٧٨
  46. Principle 392Affixing the executory formula to judgments sought to be enforced in the State of Kuwait. Its condition. Example.Pleadings — Part Two · Source page ٧٨
  47. Principle 393A travel-ban order. Its lapse upon extinguishment of the obligation for any reason. The passage of three years since the last valid step in enforcement of the final judgment for the debt without the creditor who obtainedPleadings — Part Two · Source page ٧٨
  48. Principle 394Service of the attachment upon the attachment debtor. Its particulars. Notification may be effected by means of the attachment document after its service upon the garnishee. Failure to serve the attachment debtor within Pleadings — Part Two · Source page ٧٨
  49. Principle 395An urgent judgment staying enforcement of the authentic contract constituting the debt instrument in respect of which a travel ban order was issued, because of a dispute over the amount of the debt between the parties toPleadings — Part Two · Source page ٧٨
  50. Principle 396Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. The arrest report, when served on the party whose property is arrested, must include a summons to appear before the Court Pleadings — Part Two · Source page ٧٩
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