Kuwait Court of Cassation principle number 1681

Res judicata effect precluding the dispute from being raised again. Its criterion. The judgment’s determination of an unchanging fundamental issue contested by the parties in the first action, the truth of which was settled between them by the first judgment comprehensively and conclusively, precluding its renewed discussion in the second judgment even on new legal grounds or factual evidence, and which forms the basis of the rights arising therefrom that either party claims against the other. What the court has not actually decided cannot be the subject of a judgment having the force of res judicata. - The criminal court’s ruling that the civil action is inadmissible because it was brought after the legally prescribed time limit. Its res judicata effect is confined to what it decided. Its effect: the civil court may adjudicate the civil action brought before it within the time limit and resting on the same basis. The reason therefor: each action is independent in its procedures and time limits. - The rule in actions concerning civil rights is that they are brought before the civil court. The exception. Bringing them ancillary to the criminal action. The judgment’s ruling that the action may not be heard because it has previously been adjudicated is an error in applying the law requiring its cassation.