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. - التكلم في الموضوع المسقط للدفع الشكلي

    Principle 4259The general rule is that a litigant’s resort to the courts in a matter agreed to be submitted to arbitration constitutes a violation of the rules of functional jurisdiction. That jurisdiction does not concern public poliPleadings — Part Two · Source page ٧٨٦
  2. Principle 4260Addressing the merits that extinguishes the right to raise a formal plea. Its nature. A request for adjournment to review and respond does not constitute addressing the merits so as to extinguish the right to a formal plPleadings — Part Two · Source page ٧٨٦
  3. Principle 4262A plea of lack of jurisdiction in disputes agreed to be submitted to arbitration. Does not relate to public policy. What follows from this plea. The right to it is forfeited if it is raised after addressing the merits. -Pleadings — Part Two · Source page ٧٨٧
  4. Principle 4263The plea that the action or appeal be deemed as if it had not been. A formal plea relating to procedure. It must be raised before addressing the merits, otherwise the right to raise it is forfeited. - Addressing the meriPleadings — Part Two · Source page ٧٨٧
  5. Principle 4264The plea that an action be deemed never to have existed. A formal plea relating to procedure. It must be raised before addressing the merits. Addressing the merits that extinguishes the plea. How this occurs. A litigant Pleadings — Part Two · Source page ٧٨٧
  6. Principle 4265A party’s resort to the courts in a matter agreed to be subject to arbitration. A violation of the rules of functional jurisdiction. This does not relate to public policy. - A plea of lack of jurisdiction not relating toPleadings — Part Two · Source page ٧٨٧
  7. Principle 4266Formal pleas unrelated to public policy. They must be raised together and before any other procedural plea, application or defence in the action, and must be asserted in the appeal petition, otherwise the right to them iPleadings — Part Two · Source page ٧٨٧
  8. Principle 4267Addressing the merits that entails forfeiture of the plea that the action or appeal be deemed as if it had not been. Its nature: presenting any request or defense touching upon a subject matter or an incidental issue thePleadings — Part Two · Source page ٧٨٧

  9. - الدفع بسقوط الحق

    Principle 4270The Brussels Convention did not adopt the plea of forfeiture of the right of recourse against the carrier provided for in Article 178 of the Commercial Code. Reliance on this plea is inadmissible in carriage operations gPleadings — Part Two · Source page ٧٨٨
  10. Principle 4271Limitation relating to commercial paper under the former Commercial Law. Its basis in a presumption of payment. The effect thereof on raising this plea.Pleadings — Part Two · Source page ٧٨٨
  11. Principle 4272The plea of limitation. Does not concern public policy. Invoking it for the first time before the Court of Cassation. A new ground. Invoking a type of limitation is not admissible. Does not dispense with invoking anotherPleadings — Part Two · Source page ٧٨٨
  12. Principle 4273A labour action. The period barring its hearing. One year from the date of termination of the employment contract. An extinctive limitation period subject to suspension and interruption. The impediment suspending limitatPleadings — Part Two · Source page ٧٨٨
  13. Principle 4274A ruling that the plea of lack of jurisdiction has been forfeited because it was raised after the plea of inadmissibility and because it was raised after addressing the merits. The independence of these two grounds and tPleadings — Part Two · Source page ٧٨٨

  14. - استخلاص النزول عن الدفع

    Principle 4275A litigant's silence regarding a plea that Kuwaiti courts lack jurisdiction over actions brought before them over which they have no jurisdiction. Its consequence. Forfeiture of his right to plead their lack of jurisdictPleadings — Part Two · Source page ٧٨٩

  15. - الدفع الموضوعي

    Principle 4276Inferring waiver or non-waiver of a plea. A matter of fact that may not be invoked for the first time before the Court of Cassation. - The substantive defence:-Pleadings — Part Two · Source page ٧٨٩
  16. Principle 4278For an heir, pleading lack of knowledge suffices to prevent a private instrument attributed to the deceased from being invoked against him. Whoever acknowledges that the handwriting, signature, or fingerprint is genuine,Pleadings — Part Two · Source page ٧٨٩
  17. Principle 4279The probative force of a private instrument derives from the signature alone and is rebutted only by denial by the person to whom an error, signature, seal or fingerprint is attributed. The condition for a plea of denialPleadings — Part Two · Source page ٧٨٩
  18. Principle 4280The action for the insurer’s statutory subrogation to the insured’s rights against the responsible party. It is not properly constituted until the date on which the insurer pays the insurance amount. The effect thereof oPleadings — Part Two · Source page ٧٨٩
  19. Principle 4281The right of retention. It is a defence of non-performance. - The judge's recognition of a party's right of retention does not prevent him from granting what the opposing party seeks, provided that he makes his judgment Pleadings — Part Two · Source page ٧٩٠
  20. Principle 4282A purchaser who has received the thing sold may not refrain from performing his obligation to pay the balance of the price where the seller refrains from performing his obligation to transfer ownership to the purchaser. Pleadings — Part Two · Source page ٧٩٠
  21. Principle 4283A challenge alleging forgery is a substantive defence raised during the course of proceedings.Pleadings — Part Two · Source page ٧٩٠
  22. Principle 4284Nullity of attachment and its being deemed as if it had not been. Pleading it. Unrelated to public order.Pleadings — Part Two · Source page ٧٩٠
  23. Principle 4285The plea that proof by witness testimony is impermissible. Whoever invokes it must present it to the court of merits. Otherwise, that person is deemed to have waived it.Pleadings — Part Two · Source page ٧٩٠
  24. Principle 4286Abandonment requiring that the action not be heard. It is abandonment of the property while grounds for the action exist. Mere neglect, however long the time. Does not prevent the action from being heard.Pleadings — Part Two · Source page ٧٩٠
  25. Principle 4287The plea of limitation does not concern public policy and must be invoked before the court of merits. Invoking a particular type of limitation does not dispense with invoking another type.Pleadings — Part Two · Source page ٧٩٠
  26. Principle 4288The plea of invalidity of the expert report. Does not concern public policy. It may not be invoked for the first time before the Court of Cassation.Pleadings — Part Two · Source page ٧٩٠
  27. Principle 4289The plea that an action may not be heard because it has previously been adjudicated. Its prerequisite. The issuance of a judgment having res judicata effect on its subject matter. Ratification of a settlement agreement. Pleadings — Part Two · Source page ٧٩٠
  28. Principle 4290The plea after performance. Condition for invoking it. Its restriction by necessity and custom. Consequence thereof.Pleadings — Part Two · Source page ٧٩١
  29. Principle 4291The founder of the waqf not stipulating trusteeship for a particular person or entity. Its implication. Trusteeship belongs exclusively to the Awqaf authority. The plea of lack of standing because the action was brought Pleadings — Part Two · Source page ٧٩١
  30. Principle 4292The plea that the action may not be heard because it has previously been adjudicated. Its being raised before the Court of Appeal, its rejection by that court, and its ruling on the merits in favor of the party raising tPleadings — Part Two · Source page ٧٩١
  31. Principle 4294The plea of prescription. Its lack of relation to public policy. Invoking one type of prescription does not dispense with invoking another type. The reason for this.Pleadings — Part Two · Source page ٧٩١
  32. Principle 4296The plea of inadmissibility. It may be raised at any stage of the action, even before the Court of Appeal. - Standing as a snare in the action. Its criterion. That the action be attributed to the holder of the right therPleadings — Part Two · Source page ٧٩١
  33. Principle 4297Termination of the company and cessation of its manager's capacity. Its effect on the proceedings. - Joining a commercial company as a party. Stating its name without its legal representative is sufficient. The reason thPleadings — Part Two · Source page ٧٩١
  34. Principle 4298The criterion for determining that a payment was not due is to view it from the recipient's perspective, not the payer's. - An action for restitution of a payment not due is time-barred upon the lapse of three years fromPleadings — Part Two · Source page ٧٩٢
  35. Principle 4299An insurer’s recourse action against the liable third party for compensation paid to the injured party. Its basis. Legal subrogation or assignment of rights. - Transfer of the right to the assignee with its attributes anPleadings — Part Two · Source page ٧٩٢
  36. Principle 4300A person joined as a respondent to an appeal. Must have an interest in defending the judgment when it is rendered. Example.Pleadings — Part Two · Source page ٧٩٢
  37. Principle 4301The plea of inadmissibility of proof by witness testimony. Its lack of connection with public order. How to invoke it.Pleadings — Part Two · Source page ٧٩٢
  38. Principle 4302The negotiable-instrument obligation and the underlying obligation in commercial instruments. Their source is the same. The implication of this. Defences arising from the underlying obligation transfer, as between the dePleadings — Part Two · Source page ٧٩٢
  39. Principle 4303The appellant's failure to maintain the plea that the right has been extinguished by limitation, previously raised before the court of first instance. When it is not deemed to be before the Court of Appeal.Pleadings — Part Two · Source page ٧٩٢
  40. Principle 4304Nullity of the expert's report. Pleading it does not take the place of objecting to the particulars it contains. - The judgment's failure to respond to a claim or defence for which no evidence or supporting document was Pleadings — Part Two · Source page
  41. Principle 4305The negotiable-instrument obligation and the underlying obligation in commercial instruments. Their source is one. Effect thereof. Defences arising from the underlying obligation between the debtor and his immediate credPleadings — Part Two · Source page
  42. Principle 4306Characterization of the parties’ pleas. The determining consideration therein. The true nature and purpose of the plea, not its designation. - A plea that the period prescribed for bringing the action has expired. It conPleadings — Part Two · Source page
  43. Principle 4307The defence of non-performance in contracts binding on both parties. Its nature, the condition for invoking it, and its effect on reciprocal obligations. Assessment of its rules. Within the authority of the court of meriPleadings — Part Two · Source page
  44. Principle 4308Staying determination of the action pending determination of the plea of unconstitutionality. Its condition. That the plea be serious. - Central Bank decisions reducing the contractual interest rate. Challenging them on Pleadings — Part Two · Source page
  45. Principle 4309The devolutive effect of an appeal. What it encompasses. The appellate court may not address a matter not placed before it. An example of a plea that an action is inadmissible because it was brought against a person lackPleadings — Part Two · Source page
  46. Principle 4310The plea that the action may not be heard. A substantive plea. It may be raised at any stage of the action. Raising it for the first time on appeal is permissible. Unless it has been waived. Inferring whether waiver has Pleadings — Part Two · Source page
  47. Principle 4311The right of retention. A substantive defence that may be invoked for the first time before the appellate court. When its conditions are satisfied. Article 318 of the Civil Code. - 793 - ProcedurePleadings — Part Two · Source page
  48. Principle 4312The plea that an action to establish marriage may not be heard in the event of denial. Its purpose and the reason for its enactment. Its connection with public order. The effect thereof. The court may rule upon it of itsPleadings — Part Two · Source page
  49. Principle 4313The binding force of a judgment attaches to what it has conclusively determined. What the judgment has not addressed in its ruling does not exhaust the court's jurisdiction. The effect of the plea that the action may notPleadings — Part Two · Source page
  50. Principle 4314The defence of non-performance. Its basis. Connection and reciprocity in contracts binding on both parties. The arising of each party’s obligation under an independent contract precludes resort to it in another contract.Pleadings — Part Two · Source page
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