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. - الدفوع المتعلقة بالنظام العام

    Principle 4386Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not previously asserted before the court of merits. The condition for this. - A plea of lack of subject-matter Pleadings — Part Two · Source page ٨٠٦

  2. - الدفوع الغير متعلقة بالنظام العام

    Principle 4387The issue of subject-matter or monetary jurisdiction. It is deemed always present in the proceedings and before the court of merits. It must rule on it of its own motion even if it has not been pleaded before it. - The cPleadings — Part Two · Source page ٨٠٦
  3. Principle 4388The prohibition on proving what contradicts a writing except by writing. Its lack of connection with public policy. Its effect. The right to invoke this defence may be waived expressly or implicitly. - Failure to object Pleadings — Part Two · Source page ٨٠٧
  4. Principle 4389A dispute in respect of which arbitration has been agreed. The plea that the court lacks jurisdiction to hear it. Does not concern public policy. The right to raise it is forfeited if it is raised after addressing the mePleadings — Part Two · Source page ٨٠٧
  5. Principle 4390A new ground unrelated to public policy. The appellant may not invoke it for the first time before the Court of Cassation. - The plea of limitation. It is not connected with public policy. 10- The plea of limitation. ItsPleadings — Part Two · Source page ٨٠٧
  6. Principle 4391The rule prohibiting proof by testimony in cases where proof in writing is required. It is not a matter of public policy. It must be invoked before the hearing of witnesses begins. Silence in that regard. Waiver of the rPleadings — Part Two · Source page ٨٠٧

  7. - الدفع ببطلان الحجز

    Principle 4393The plea that the Kuwaiti judiciary lacks international jurisdiction to hear the dispute. Unrelated to public policy. The effect thereof: it must be asserted before addressing the merits of the action, otherwise this is Pleadings — Part Two · Source page ٨٠٧

  8. - الدفع ببطلان عمل الخبير

    Principle 4394A plea of nullity of attachment because its subject matter does not exist. A substantive plea. It may be raised at any stage of the action. - Plea of nullity of the expert's work:-Pleadings — Part Two · Source page ٨٠٨
  9. Principle 4395An expert not affiliated with the Experts Department. The oath he takes. Article 4 of Law 40/1980. A procedure not relating to public policy. The implication thereof. A plea that his work is invalid for failure to take iPleadings — Part Two · Source page ٨٠٨

  10. - الدفع بالإحالة

    Principle 4396The plea of invalidity of the expert’s work for failure to record the particulars concerning examination of the aerial photographs. - The plea for referral:-Pleadings — Part Two · Source page ٨٠٨
  11. Principle 4397A plea for referral on grounds of connection. A formal plea unrelated to public policy. It must be asserted before addressing the merits or a subsidiary issue. It may be waived expressly or implicitly. Inferring waiver. Pleadings — Part Two · Source page ٨٠٨
  12. Principle 4398The judgment's conclusion that the transport was undertaken by the appellant and that it is liable for the damage sustained by the car. Its sufficiency as a response to the plea of inadmissibility of the action for havinPleadings — Part Two · Source page ٨٠٨
  13. Principle 4399The plea of inadmissibility for lack of standing. A substantive defence. By determining it, the court exhausts its jurisdiction to adjudicate the merits. Disputing what the judge of merits has inferred. It may not be raiPleadings — Part Two · Source page ٨٠٩
  14. Principle 4400The defendant's name appearing in the wording of the action alone, without mention of his capacity as agent. Does not give rise to the right to plead inadmissibility of the action for being brought against a person withoPleadings — Part Two · Source page ٨٠٩

  15. - الدفع بعدم الدستورية

    Principle 4401The judgment's stating in its reasons that the appellant's acknowledgment of the instrument precludes admission of the action. Does not vitiate it so long as it determined the merits of the action on the basis of what waPleadings — Part Two · Source page ٨٠٩
  16. Principle 4402The plea of unconstitutionality of a law, decree-law or regulation. Its necessary consequence. Staying consideration of the case. This does not apply to that in respect of whose constitutionality the Constitutional CourtPleadings — Part Two · Source page ٨٠٩
  17. Principle 4403Prior determination of the plea of unconstitutionality of item Fifth of Article 1 of Law 20 of 1981 establishing the Administrative Chamber, by Constitutional Judgment 1 of 1993 declaring it inadmissible. Raising this plPleadings — Part Two · Source page ٨٠٩
  18. Principle 4404A constitutional action. The condition for its admissibility. A direct personal interest. Its criterion: that the judgment rendered in the constitutional action be necessary to determine a principal or subsidiary issue aPleadings — Part Two · Source page ٨٠٩
  19. Principle 4405Where determination of the dispute before the court does not depend on determining the constitutionality of the provisions challenged as unconstitutional, but rather requires applying other legal rules. Its implication. Pleadings — Part Two · Source page ٨١٠
  20. Principle 4407Retroactive application of the law's rulers if it contains a special provision approved by a majority of the members of the National Assembly. The majority requirement. It applies only while parliamentary life exists. - Pleadings — Part Two · Source page ٨١٠
  21. Principle 4408The plea of unconstitutionality. It must include the subject of the challenge, its ground, the provision challenged by the plea, and the respects in which it contravenes the Constitution. Failure to complete this. Its efPleadings — Part Two · Source page ٨١٠
  22. Principle 4409A ruling that the action may not be heard because it has previously been adjudicated. The judgment need not address the plea of unconstitutionality of the Amiri Order.Pleadings — Part Two · Source page ٨١٠
  23. Principle 4410The Constitution's guarantee of the right of litigation to people. Does not prevent the legislature from regulating the exercise of this right. This includes organising the courts and defining their jurisdictions and whaPleadings — Part Two · Source page ٨١٠
  24. Principle 4411The court of merits' assessment that a plea of unconstitutionality is serious. Its effect: its obligation to stay the action and refer the dispute to the Constitutional Court for determination. - A co-owner in undivided Pleadings — Part Two · Source page ٨١١
  25. Principle 4412The plea raised by the appellant's representative that the first paragraph of Article 1 of Law 18 of 1969 concerning the Delimitation of State Property outside the General Planning Boundary is unconstitutional. Failure bPleadings — Part Two · Source page ٨١١
  26. Principle 4413A plea of unconstitutionality. Failure to state the reasons upon which it is based and how the challenged provision contravenes the Constitution. A plea lacking seriousness.Pleadings — Part Two · Source page ٨١١
  27. Principle 4414The court’s determination of one of the issues before it. Its effect. Exhaustion of its authority in respect thereof. It must abide by what it has adjudged when addressing the remaining issues before it in the action. ThPleadings — Part Two · Source page ٨١١
  28. Principle 4417Forfeiture of the right of pre-emption upon expiry of the period prescribed in Article 903/b of the Civil Code, which begins on the date of registration of the contract for sale of the immovable property. Falls within thPleadings — Part Two · Source page ٨١٢
  29. Principle 4418Appeals against judgments finding that a challenge to the constitutionality of laws is not serious. The Appeals Examination Committee at the Constitutional Court has exclusive jurisdiction to determine them, to the excluPleadings — Part Two · Source page ٨١٢
  30. Principle 4419The provision of Article 56/8 of the Service Regulations for Employees of Kuwait Airways Corporation does not contravene the provision of Article 32 of Decree-Law No. 15/1979 concerning the Civil Service. The effect of tPleadings — Part Two · Source page ٨١٢
  31. Principle 4421The plea of unconstitutionality. It must include the subject of the challenge, its ground, the provision challenged, and the respects in which it contravenes the Constitution; otherwise, it is not serious and shall be ruPleadings — Part Two · Source page ٨١٣
  32. Principle 4422The disagreement among jurists in determining the period within which lineage is denied and the ruler's selection of a specified period in accordance with the opinion of some jurists. Article 176 of Law A5 of 1984. Does Pleadings — Part Two · Source page ٨١٣
  33. Principle 4423The general rule is that judicial judgments are declaratory, not constitutive. They introduce nothing new and do not create positions or situations that did not previously exist; they disclose the rule of law. - A judgmePleadings — Part Two · Source page ٨١٣

  34. - الدفع بعدم التنفيذ

    Principle 4424Courts' rulings that a plea in a dispute concerning the unconstitutionality of laws, decree-laws and regulations lacks seriousness. Such rulings may be challenged before the Appeals Examination Committee of the ConstitutPleadings — Part Two · Source page ٨١٣
  35. Principle 4425Reciprocal obligations under the contract. Failure by one party to perform his obligation. The other contracting party may exercise his right to suspend performance of his obligation towards his debtor. His failure to pePleadings — Part Two · Source page ٨١٤
  36. Principle 4426Contracts binding on both parties. A contracting party may not invoke the defence of non-performance of its obligation unless the other contracting party has failed to perform a corresponding and connected obligation, whPleadings — Part Two · Source page ٨١٤
  37. Principle 4427Reciprocal obligations. Performance by one contracting party of his obligation. Its effect. The corresponding obligation owed by the other contracting party becomes due and unconditional at the same time. It must be perfPleadings — Part Two · Source page ٨١٤
  38. Principle 4428The defence of non-performance of an obligation in contracts binding on both parties. Its meaning and the conditions governing its exercise.Pleadings — Part Two · Source page ٨١٤
  39. Principle 4429The defence of non-performance of an obligation in contracts binding on both parties. The condition for its acceptance.Pleadings — Part Two · Source page ٨١٤
  40. Principle 4430In bilateral contracts, either contracting party may refrain from performing his obligation until the other performs what he has undertaken, unless agreement or custom provides otherwise. The defence of non-performance oPleadings — Part Two · Source page
  41. Principle 4431Defences based on the debtor's personal relationship with the owner of the bill of exchange or its previous holder. - 814 - Civil ProcedurePleadings — Part Two · Source page
  42. Principle 4432The 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
  43. Principle 4433Each contracting party to reciprocal obligations that are due has the right to invoke the defence of non-performance of his obligation if the other contracting party fails to perform his obligation, and may withhold whatPleadings — Part Two · Source page
  44. Principle 4434Reciprocal obligations due for performance. The right of each contracting party to plead non-performance thereof or to withhold what he is obliged to render to the other contracting party. The condition thereof: the othePleadings — Part Two · Source page
  45. Principle 4435Prohibiting the judge from hearing an action merely upon expiry of the period prescribed for hearing it. Refers to the ruler's authority to delimit adjudication by time, place and dispute. Its implication. Lapse of time Pleadings — Part Two · Source page
  46. Principle 4436The plea of inadmissibility of the action. It may be raised at any stage of the action. A plea of inadmissibility whose acceptance results in the claimant losing his action. If the court of second instance reverses the fPleadings — Part Two · Source page
  47. Principle 4437The plea that the plaintiff lacks standing in the action. Does not concern public policy. The court may not rule on it of its own motion.Pleadings — Part Two · Source page
  48. Principle 4438The right of recourse to the courts. Its suitability as the subject matter of an agency contract. A dispute over the validity of the agent's representation of his principal. A dispute over standing governed by a plea of Pleadings — Part Two · Source page
  49. Principle 4439The two-year period concerning the inadmissibility of actions, claims, or complaints before judicial, arbitration, or investigative bodies in respect of transactions relating to company shares concluded on deferred termsPleadings — Part Two · Source page
  50. Principle 4440Referral of the debtor to the institution for the settlement of transactions relating to company shares concluded on deferred terms. Does not prevent an unsecured creditor from obtaining a judgment for its debt. The effePleadings — Part Two · Source page
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