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
Search this collection- الدفع بعدم قبول الدعوى
Principle 4441Entitling the appeal petition as seeking cassation of the judgment issued by the Court of Appeal and including the grounds of appeal therein. Limiting its concluding request to amendment of the challenged judgment. Its iPleadings — Part Two · Source page ٨١٧- Principle 4442The plea of inadmissibility of the action prescribed in Article One of Law No. 33 of 2000. Does not concern the validity of the procedural steps in the proceedings. The court of first instance exhausts its jurisdiction bPleadings — Part Two · Source page ٨١٧
- الدفع بعدم سماع دعوى الزوجية
Principle 4445An heir's acknowledgment is evidence binding only upon the acknowledging party. It does not interrupt limitation or waive it after the right thereto has vested with respect to the remaining heirs if one of them waives itPleadings — Part Two · Source page ٨١٨- الدفع بسقوط الحق في الحضانة
Principle 4446The plea that a marriage action may not be heard upon denial. Its two cases: where the marriage is not established by an official document, or where the denial was not preceded by an acknowledgment of marriage in officiaPleadings — Part Two · Source page ٨١٨- الدفع بعدم جواز الطعن
Principle 4447Lapse of the right to custody if it is not claimed for one year. Its case: where the female custodian marries a stranger and the marriage is consummated, and the person entitled to custody knows of this marriage and consPleadings — Part Two · Source page ٨١٨- Principle 4448Judgments rendered during the course of proceedings which do not terminate the litigation except after the final judgment in the entire litigation is rendered. They may not be challenged. A judgment rendered in the respoPleadings — Part Two · Source page ٨١٩
- Principle 4449Appeal by cassation against judgments issued by the Court of Appeal. Permissible irrespective of the subject matter in which the challenged judgment was rendered, where based on a violation of law or an error in its applPleadings — Part Two · Source page ٨١٩
- Principle 4453A limited liability company has legal personality independent of the patrimony of its partners. The manager representing this company has, in that capacity, a financial patrimony separate from his personal patrimony. An Pleadings — Part Two · Source page ٨٢٠
- الدفع بعدم الاختصاص فيما اتفق على التحكيم بشأنه
Principle 4455Cassation of a judgment in its entirety. Its effect: its elimination and the erasure of its res judicata effect. This effect extends to all grounds of challenge, even if the cassation judgment does not specifically mentiPleadings — Part Two · Source page ٨٢٠- الدفع بعدم الاختصاص النوعي
Principle 4456The plea of lack of jurisdiction. A procedural plea. It must be raised before any request, otherwise the right to it lapses. Unless jurisdiction relates to public policy. Recourse to the courts in a matter in respect of Pleadings — Part Two · Source page ٨٢٠- Principle 4457The plea of lack of subject-matter jurisdiction. A matter concerning public policy. It is deemed to exist and to be before the court even if not pleaded. It is not subject to acquiescence or waiver.Pleadings — Part Two · Source page ٨٢١
- Principle 4458The impermissibility of appeals by cassation against judgments issued by the Court of Appeal concerning disputes relating to the lease of real estate and compensation arising therefrom that fall within the jurisdiction oPleadings — Part Two · Source page ٨٢١
- Principle 4459A party's recourse to the courts in a matter agreed to be subject to arbitration. A violation of the rules of functional jurisdiction. This is unrelated to public policy. Its effect. Forfeiture of the right to plead lackPleadings — Part Two · Source page ٨٢١
- Principle 4460A plea that the court lacks jurisdiction over a matter in respect of which arbitration has been agreed. The right to raise it lapses if raised after addressing the merits. This does not concern public policy. An example.Pleadings — Part Two · Source page ٨٢٢
- الدفع بعدم الاختصاص الدولي
Principle 4461The court’s determination of the plea of lack of jurisdiction by acceptance or rejection. Its effect: its judgment in this respect acquires res judicata authority even if it contravenes public policy. Its becoming unassaPleadings — Part Two · Source page ٨٢٢- Principle 4462The plea of lack of international jurisdiction. A party's silence in not raising it suffices for his acceptance of the jurisdiction of the Kuwaiti judiciary.Pleadings — Part Two · Source page ٨٢٢
- الدفع بالتقادم
Principle 4463The plea of lack of international jurisdiction. Does not concern public policy. It must be invoked before addressing the merits, otherwise the right to raise it is forfeited. - The plea of limitation:-Pleadings — Part Two · Source page ٨٢٢- Principle 4464The defence of prescription. It does not concern public policy and must be invoked before the court of merits; invoking one type of prescription before it does not dispense with invoking another type of prescription. ReaPleadings — Part Two · Source page ٨٢٢
- Principle 4466The plea that an action may not be heard owing to lapse of time. Its application to an ownership action. Its condition: the owner's failure to pursue it for fifteen years while grounds for it exist through another personPleadings — Part Two · Source page ٨٢٣
- Principle 4467The period prescribed for barring the hearing of an action does not run whenever an impediment exists that makes it impossible for the creditor to claim his right, even if the impediment is moral. The import thereof. - TPleadings — Part Two · Source page ٨٢٣
- Principle 4468The plea of limitation before the court of merits. Its obligation to examine its conditions and any suspension or interruption affecting it.Pleadings — Part Two · Source page ٨٢٣
- Principle 4469An action for liability for an unlawful act is time-barred upon the lapse of three years from the day the injured person learned of the damage and the person responsible for it, or fifteen years from the date the unlawfuPleadings — Part Two · Source page ٨٢٣
- Principle 4470Prescription of an employee's right to claim the financial entitlements due to him from the Government upon the lapse of one year from the date of his knowledge of these entitlements or five years from the date they becaPleadings — Part Two · Source page ٨٢٣
- Principle 4471Negotiable-instrument prescription rests on a presumption of payment of the debt, on the assumption that the creditor has received its entitlement from its debtor. The creditor may reinforce this presumption by a supplemPleadings — Part Two · Source page ٨٢٣
- Principle 4472The plea of limitation. The court must examine its conditions. Interruption of the prescribed limitation period by the debtor's express or implied acknowledgment. - The implied acknowledgment interrupting limitation is iPleadings — Part Two · Source page ٨٢٤
- Principle 4473Establishment that the judgment's rejection of the plea that the compensation action is time-barred is the basis upon which it proceeded to determine the merits. Its consequence. Its cassation in this respect entails casPleadings — Part Two · Source page ٨٢٤
- Principle 4474The court of first instance’s rejection of the plea that the right to housing allowance is barred by five-year prescription, raised in the statement of claim or at the oral-hearing sessions. Its effect. That this plea waPleadings — Part Two · Source page ٨٢٤
- الدفع بعدم جواز نظر الدعوى لسابقة الفصل فيها
Principle 4479Binding authority. Its criterion: identity of the parties, cause and subject matter in the two actions. - Identity of subject matter. When it is established. What the court has not actually examined. Cannot be the subjecPleadings — Part Two · Source page ٨٢٦- Principle 4480The plea that an action may not be heard because it has previously been adjudicated. A matter of public policy. It may be raised for the first time before the Court of Cassation. Its condition: that the court of merits hPleadings — Part Two · Source page ٨٢٦
- Principle 4481Judgments having acquired res judicata authority. They are conclusive as to the dispute they have determined, and no evidence rebutting this presumption may be admitted. The condition thereof: the dispute must be betweenPleadings — Part Two · Source page ٨٢٦
- Principle 4482The general rule regarding judgments rendered in personal-status matters susceptible to change and alteration is that they have temporary binding authority. This authority continues so long as the circumstances of the juPleadings — Part Two · Source page ٨٢٦
- سلطة المحكمة في الرد على الدفع
Principle 4483The plea that an action may not be heard because it has previously been adjudicated. Establishment that the cause upon which each of the two actions was brought differs. Its effect. Rejection of the plea. - The court's aPleadings — Part Two · Source page ٨٢٧- Principle 4484The grounds upon which the judgment is based include what may constitute an implicit response to the plea. No fault lies with the court if it does not respond to it separately. An example.Pleadings — Part Two · Source page ٨٢٧
- Principle 4485A plea that reaches the arbitrator's hearing’. Must be determined unless its proponent waives it. Inferring such waiver falls within the authority of the court of merits.Pleadings — Part Two · Source page ٨٢٧
- مسائل متنوعة
Principle 4486An unfounded plea. Failure to respond to it. Does not vitiate the judgment. An example. A plea of nullity of the expert's work for failing to record the particulars concerning inspection of the aerial photographs. It is Pleadings — Part Two · Source page ٨٢٧- Principle 4488A request to reopen the case for pleadings after it has been reserved for judgment, in order to submit documents or memoranda, is not a plea or defence. The court of merits may assess it. Its failure to grant it. No defePleadings — Part Two · Source page ٨٢٨
- Principle 4489The judgment rendered on the plea that the court lacks subject-matter jurisdiction. It possesses res judicata effect even if contrary to public order or issued by a court lacking jurisdiction to issue it.Pleadings — Part Two · Source page ٨٢٨
- Principle 4491What the court has not actually examined cannot be the subject of a judgment having the force of res judicata. Example.Pleadings — Part Two · Source page ٨٢٨
- Principle 4493The arbitration tribunal for disputes concerning company shares transacted on deferred-payment terms. Its exclusive jurisdiction to determine these disputes and the claims arising from them, including those relating to rPleadings — Part Two · Source page ٨٢٨
- Principle 4495Appeal. Its effect. Pleas and defenses raised before the court of first instance are deemed to be before the Court of Appeal. The condition thereof. No waiver. Thereof.Pleadings — Part Two · Source page
- Principle 4497An appeal transfers the action together with the pleas and grounds of defence previously raised by the respondent, so long as he has not waived them expressly or implicitly. Effect thereof. The Court of Appeal must addrePleadings — Part Two · Source page
- Principle 4498The knowledge from which the three-year limitation period for an action for liability for an unlawful act begins. It is actual knowledge encompassing the occurrence of the damage and the identity of the person responsiblPleadings — Part Two · Source page
- Principle 4499The devolutive effect of appeal. Its import is that the pleas, defenses, and assertions submitted to the court of first instance are deemed to be before the appellate court unless the memoranda or positions taken on appePleadings — Part Two · Source page
- Principle 4500Arbitration is an appellate means of resolving disputes, provided that its implementation is possible. The plea is unrelated to public policy. The effect thereof.Pleadings — Part Two · Source page
- Principle 4501Judicial set-off. Its condition: it must be advanced as an incidental claim submitted by the defendant in response to his opponent’s original action. It may not be sought by way of a defence to the opponent’s action, norPleadings — Part Two · Source page
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