المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. - كفاية الرد الضمني

    Principle 717Giving reasons for a judgment. How this is done. Factual reasons. A brief synopsis of the litigants' pleas and defenses suffices if it reveals that the court comprehended the facts of the dispute and had them before it wPleadings — Part Three · Source page 122
  2. Principle 718Understanding the facts and assessing witness statements fall within the authority of the court of the merits, without departing from their meaning. The court's refraining from summoning a witness whose testimony it was Pleadings — Part Three · Source page 122
  3. Principle 719A request requiring a response is one submitted in unequivocal terms indicating its maker's insistence upon it.Pleadings — Part Three · Source page 123
  4. Principle 720A judgment is not vitiated by its rejection of a request for referral for evidentiary investigation, provided it has based its ruling on justifiable reasons. Example.Pleadings — Part Three · Source page 123
  5. Principle 721Assessment and weighing of particulars and indications and preference for those found convincing. Within the authority of the court of merits, without any obligation to discuss in its judgment every presumption advanced Pleadings — Part Three · Source page 123
  6. Principle 722The litigants’ arguments and means of defence. What suffices as an implicit answer thereto. The factual truth or legal rule upon which the judgment bases its ruling.Pleadings — Part Three · Source page 123
  7. Principle 723The court's not adopting the result of an evidentiary measure it undertook. Its condition. It must state the reasons for that in its judgment. Its setting out separate reasons for that. Not necessary. An implicit responsPleadings — Part Three · Source page 123
  8. Principle 724Ascertaining the facts, assessing documents and evidence and giving preference among them, adopting the expert's report in whole or in part. Within the trial court's authority, and it is not obliged to follow the litiganPleadings — Part Three · Source page 123
  9. Principle 725The court's withdrawal from evidentiary measures. Permissible. Stating the reason for withdrawal. Unnecessary so long as the measure was taken by the court of its own motion. - Withdrawal from implementing a judgment ordPleadings — Part Three · Source page 123
  10. Principle 726Ascertaining and understanding the facts and assessing the evidence. Within the authority of the court of merits, which is not obliged to follow the litigants through their various statements and arguments and respond sePleadings — Part Three · Source page 123
  11. Principle 728The court’s endeavour to reconcile the spouses before ruling on the wife’s action for divorce on grounds of harm. Obligatory upon it. Its relation to public policy. The court’s inability to achieve such reconciliation. IPleadings — Part Three · Source page 124
  12. Principle 729The maximum working hours. The legislature's purpose in prescribing it, its limits, its special remuneration, and the requirement of written assignment to it. Absence of a written order. Its necessary consequence. The woPleadings — Part Three · Source page 124
  13. Principle 730Judicial admission. Its nature. What a litigant states on the cover of a bundle of documents. It does not constitute an admission. A judgment's failure to respond to the defense concerning this. It does not vitiate it whPleadings — Part Three · Source page 124
  14. Principle 731Assessing the evidence in the action. Within the trial court's authority. It is not obliged to discuss in its judgment every non-statutory presumption advanced by the litigants, or to follow them through their various stPleadings — Part Three · Source page 124
  15. Principle 732The court of merits. When it is not obliged to undertake further evidentiary measures. Its ruling. That the document challenged as forged is authentic. Its implication. Its implicit rejection of the request to appoint anPleadings — Part Three · Source page 124
  16. Principle 733The court of merits' ascertainment of the facts of the action. It is not obliged to follow the litigants through the statements and arguments they advance. An implicit response is sufficient.Pleadings — Part Three · Source page 125
  17. Principle 735Ascertaining the facts, assessing evidence and documents, accepting what it finds convincing and discarding the rest. Within the authority of the court of merits. It is not obliged to follow the litigants through their vPleadings — Part Three · Source page 125
  18. Principle 736Inferring the injured party's participation in the harmful act in order to apportion liability between him and whoever participated with him in causing the damage. A question of fact within the authority of the court of Pleadings — Part Three · Source page 125
  19. Principle 737The court of merits may adopt the expert's report. It is not obliged to follow the litigants through the aspects of their defense and respond separately to each. An implicit response suffices.Pleadings — Part Three · Source page 125
  20. Principle 738The judgment’s disregard of a defence intended merely to cast doubt on the evidence. Has no basis. Example of an implicit answer.Pleadings — Part Three · Source page 125
  21. Principle 739The appellate court's ruling that the appeal is admissible in form implicitly includes a ruling rejecting the plea that the appeal be deemed never to have been brought. Example.Pleadings — Part Three · Source page 125
  22. Principle 740Following the litigants through the aspects of their defenses and responding to them separately. Not necessary. What suffices to respond to them. An example. - 125 - Civil ProcedurePleadings — Part Three · Source page 125
  23. Principle 741Pursuing the litigants through their various statements and arguments and responding to them separately is unnecessary. Rationale thereof.Pleadings — Part Three · Source page 126
  24. Principle 743Understanding the facts of the action, assessing its evidence, and drawing inferences. Within the authority of the judge of merits. Its condition. Basing his ruling on acceptable reasons. He need not follow the litigantsPleadings — Part Three · Source page 126
  25. Principle 744The challenged judgment's adoption of and reliance upon the reasons of the court of first instance. This does not vitiate it where they suffice to support its ruling and contain a response disposing of the grounds of appPleadings — Part Three · Source page 126
  26. Principle 745Following the litigants through their various statements and arguments and responding separately to each argument or statement. Not necessary. So long as the establishment of the truth for which the court has stated its Pleadings — Part Three · Source page 126
  27. Principle 746The judgment's discussion of each nonstatutory presumption adduced separately by the litigants in their action, or following them through the various aspects of their defenses and statements and responding separately to Pleadings — Part Three · Source page 126
  28. Principle 747The court following the litigants through their various statements and aspects of defence and answering their arguments. Unnecessary. Reason. Establishment of the truth of which it is convinced and for which it has statePleadings — Part Three · Source page 126
  29. Principle 748The court's adoption of the conclusion reached by the expert for the reasons he explained in his report, which suffice to support the judgment. It is not thereafter obliged to respond to the documents or pursue every argPleadings — Part Three · Source page 126
  30. Principle 749Ascertaining the facts of the action, assessing the evidence, and extracting what is sound therefrom. Within the trial court's authority. It is not obliged to respond to all the litigants' statements and arguments, becauPleadings — Part Three · Source page 127
  31. Principle 750The right of the court of merits not to adopt the outcome of evidentiary procedures. Its condition: stating the reasons for doing so. They may be stated implicitly. Challenging the judgment for not relying on the witnessPleadings — Part Three · Source page 127
  32. Principle 751Maintenance of the indigent minor and his educational expenses. Incumbent upon the father of means. His right to supervise the minor's affairs. Its condition. Sound judgment and the minor's interest. Assessment thereof. Pleadings — Part Three · Source page 127
  33. Principle 752A plea not expressly addressed by the court of merits in its judgment. The reasons on which the judgment was based being suitable as implicit reasons for rejecting the plea. The judgment may not be challenged on the assePleadings — Part Three · Source page 127
  34. Principle 753Following the litigants through the various aspects of their defenses and responding to them. Not necessary. The condition for this. Sufficiency of an implicit response.Pleadings — Part Three · Source page 127
  35. Principle 754Understanding the facts of the action, assessing its evidence, adopting that found convincing and rejecting the rest. Within the authority of the court of merits. Its condition. After ascertaining the truth of which it iPleadings — Part Three · Source page 127
  36. Principle 755The court of the merits is not obliged to follow the litigants through their various statements and arguments and respond separately to every argument or statement they raise. An implicit response suffices.Pleadings — Part Three · Source page 128
  37. Principle 756The court of merits is not required to follow the litigants through their various statements and arguments. Reason. Establishment of the truth of which it is convinced constitutes an implicit answer dismissing those statPleadings — Part Three · Source page 128
  38. Principle 757Granting or refusing a request to reopen pleadings. Within the unrestricted discretion of the court of merits. Omitting reference to it constitutes an implicit refusal.Pleadings — Part Three · Source page 128
  39. Principle 758The trial court is not obliged to follow the litigants through all aspects of their defenses and respond to them separately. An implicit response suffices. - A request to conduct an evidentiary hearing is not a right of Pleadings — Part Three · Source page 128
  40. Principle 759Understanding the facts of the case and assessing its evidence, including witness statements and expert reports. Within the authority of the court of merits. The condition for that. It need not follow the litigants throuPleadings — Part Three · Source page 128
  41. Principle 760Ascertaining and understanding the facts, assessing the evidence, accepting what inspires confidence, and discarding the rest. Within the authority of the court of merits. The condition therefor. It is not obliged to folPleadings — Part Three · Source page 128
  42. Principle 761Understanding the facts of the case, ascertaining the true relationship connecting the parties to the case, determining the meaning of agreements, investigating the parties’ common intention, and adopting the expert’s rePleadings — Part Three · Source page 128
  43. Principle 762Understanding the facts, determining standing in the action, identifying the true relationship connecting the parties to the litigation, discerning the meaning of agreements and investigating their parties' common intentPleadings — Part Three · Source page 129
  44. Principle 763The minimum gestation period is six months by consensus of Sunni and Shiite jurists. The maximum gestation period is one year. Example of reasonable grounds for dismissing an action to deny the respondent’s filiation to Pleadings — Part Three · Source page 129
  45. Principle 764The court of merits is not required to follow the parties through their various statements and arguments. The reason: the establishment of the truth of which it is convinced contains an implicit response disposing of thoPleadings — Part Three · Source page 129
  46. Principle 765Establishment that the property cannot be partitioned in kind because this conflicts with the regulations in force at Kuwait Municipality, and that the building on the two plots is connected at the basement, mezzanine, aPleadings — Part Three · Source page 129

  47. - القرائن الصحيحة المتساندة

    Principle 768The judgment’s reliance on a body of mutually supporting inferences that complement one another. Import. Each inference may not be discussed separately.Pleadings — Part Three · Source page 130
  48. Principle 769The judgment's reliance on mutually supporting presumptive evidence. Each presumption may not be discussed separately to establish its insufficiency in itself.Pleadings — Part Three · Source page 130
  49. Principle 770Basing the judgment on a set of mutually supporting presumptions leading to the outcome reached. Each presumption may not be discussed in isolation.Pleadings — Part Three · Source page 130
  50. Principle 771Forming an understanding of the facts of the action and assessing the evidence submitted. Within the authority of the court of merits.Pleadings — Part Three · Source page 130
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