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. - مالا يعد تناقضاً

    Principle 1123The judgment’s conclusion that the judiciary has jurisdiction to consider the claim for compensation for a portion incorporated into the widening of a street, and its affirmation of the first-instance judgment declining Pleadings — Part Three · Source page 177
  2. Principle 1124The obligation to perform something under the former Commercial Law. The condition for withholding its performance. A ruling that a contracting party's temporary delay in performing the obligation because the other contrPleadings — Part Three · Source page 177
  3. Principle 1125Adopting some of what appears in the expert's report and rejecting the rest. Falls within the trial court's authority. And does not render its judgment contradictory. - 177 - Civil ProcedurePleadings — Part Three · Source page 177
  4. Principle 1126The judgment's conclusion that the company is liable for the tax debt on its share of the profits and that there is no way to make it share that debt with another company. No contradiction.Pleadings — Part Three · Source page 178
  5. Principle 1130The contradiction that vitiates a judgment. It is that whereby its reasons cancel one another out, leaving nothing upon which the judgment can be supported. - In interpreting the parties' admissions, the court may dividePleadings — Part Three · Source page 178
  6. Principle 1134The contradiction that vitiates a judgment. Its nature. An example of what does not constitute an adjudication concerning correction of an arithmetic error. - Matters on which the judgment digresses beyond what it needs Pleadings — Part Three · Source page 178
  7. Principle 1137The contradiction that vitiates a judgment. It is that which occurs between its operative part and its reasons, or between its reasons, causing them to undermine and negate one another. An example of its absence.Pleadings — Part Three · Source page 179
  8. Principle 1142The contradiction that vitiates judgments. It is that occurring within the grounds of the same judgment itself, such that it is impossible to understand on what basis the court ruled and what it ruled in its operative paPleadings — Part Three · Source page 179
  9. Principle 1145The contradiction that vitiates a judgment. Its nature. An example concerning refusal to increase the consolatory payment upon divorce.Pleadings — Part Three · Source page 179
  10. Principle 1146Contradiction constituting a valid ground for appeal in cassation. Its nature. Example of its absence. - 179 - ProcedurePleadings — Part Three · Source page 179
  11. Principle 1147The contradiction that invalidates a judgment. Its nature: that whereby the reasons cancel one another out, leaving nothing capable of supporting the judgment. What does not constitute contradiction.Pleadings — Part Three · Source page 180
  12. Principle 1148Contradiction invalidating a judgment. Its nature. Expressions in the judgment suggesting a conflict between some reasons and others. They do not constitute a contradiction as long as the court's intention is apparent anPleadings — Part Three · Source page 180
  13. Principle 1151The contradiction that vitiates and invalidates a judgment. Its nature. - Wording of the judgment suggesting a conflict among its reasons. Does not constitute a contradiction as long as the court's intention is apparent Pleadings — Part Three · Source page 180

  14. - ما لا يعد فساداً في الاستدلال

    Principle 1153What counts in a judgment. Its ruling contained in the operative part. The reasons may contain a ruling on some of the parties' requests. Omission of those from the operative part. Does not vitiate the judgment with contPleadings — Part Three · Source page 180
  15. Principle 1154The understanding of the facts derived by the judgment as a result of logical syllogisms is not subject to review.Pleadings — Part Three · Source page 181
  16. Principle 1155Basing the judgment on its understanding of the facts resulting from logical syllogisms. Not subject to review, provided its account rests on what is established in the action.Pleadings — Part Three · Source page 181
  17. Principle 1156The court’s reliance in its judgment on another judgment previously issued between the litigants and placed in the case file. No impediment.Pleadings — Part Three · Source page 181
  18. Principle 1157A judgment’s reliance on another judgment previously issued between the same parties. Permissible. The condition therefor. Its deposit in the case file as one of its papers.Pleadings — Part Three · Source page 181
  19. Principle 1158Not adopting the conclusions reached by the Committee for Verification of Lineage and Correction of Names. Does not vitiate the judgment.Pleadings — Part Three · Source page 181
  20. Principle 1159The court’s reliance, as circumstantial evidence, on another judgment previously issued between the litigants and placed in the case file. This does not render it defective.Pleadings — Part Three · Source page 181
  21. Principle 1160Acts of sovereignty. Their nature. - Assessing what constitutes acts of sovereignty and falls outside judicial jurisdiction. Law 33/1990. Within the authority of the court of merits. The condition for that. An example coPleadings — Part Three · Source page 181
  22. Principle 1161The principal’s liability for the acts of his subordinate. The necessity of a relationship of subordination. - The relationship of subordination. When does it exist? - Assessing the existence of a relationship of subordiPleadings — Part Three · Source page 181
  23. Principle 1162The barring of a liability action by short and long limitation periods. Article 253/1 Civil. When the short limitation period for a liability action begins. - Inferring the injured person's knowledge of the occurrence ofPleadings — Part Three · Source page 182
  24. Principle 1163Assessing the existence or absence of financial means and the ability to pay. A matter of fact. The court of the merits has exclusive authority to assess it. Its condition.Pleadings — Part Three · Source page 182

  25. - ما لا يعد قصوراً

    Principle 1164Offering shares of joint-stock companies for subscription. Its regulation. Its relation to public policy. Its implication. Invalidity of transactions contrary thereto. An example. - What does not constitute inadequate rePleadings — Part Three · Source page 182
  26. Principle 1165Deficiency in the reasoning of judgments resulting in nullity. Its nature. An example in which deficiency is absent.Pleadings — Part Three · Source page 182
  27. Principle 1166Invalidating inadequacy is that relating solely to the factual reasons. Inadequacy in stating the legal basis for the judgment's ruling. Does not vitiate it. Example.Pleadings — Part Three · Source page 182
  28. Principle 1167The injured person's action against the person responsible for his unlawful act. Becomes time-barred upon the lapse of three years from the date on which the criminal judgment rendered therein becomes final. Example of wPleadings — Part Three · Source page 182
  29. Principle 1168The deficiency in the factual reasons of a judgment that entails nullity. Its nature. An example in which deficiency is absent.Pleadings — Part Three · Source page 182

  30. - عدم إفصاح الحكم عن سنده القانوني

    Principle 1171Deficiency in the judgment’s factual grounds or a gross error in the litigants’ names and capacities. Results in the invalidity of the judgment. A mere clerical error. Does not result in invalidity. Example. - The judgmePleadings — Part Three · Source page 183

  31. - إغفال الأساس القانوني الذي أقام الحكم قضاءه عليه

    Principle 1172The judgment’s reaching the legally correct outcome without disclosing its legal basis therefor. Does not vitiate it. The Court of Cassation may supplement it. - Omission of the legal basis upon which the judgment foundePleadings — Part Three · Source page 183

  32. الخطأ في تطبيق القانون

    Principle 1173The judgment reaching the correct conclusion. Its failure to state the legal basis on which it founded its ruling. This does not vitiate it. The reason: the Court of Cassation may supplement the legal reasons which the jPleadings — Part Three · Source page 183

  33. القصور

    Principle 1174Proof that the Ministry of Social Affairs and Labor, as the authority vested with supervision and oversight of the activities of the Kuwaiti Union of Domestic Labor Office Owners, was notified of the convening of an extrPleadings — Part Three · Source page 187
  34. Principle 1178The defence which the court is obliged to address and express an opinion upon. Its nature.Pleadings — Part Three · Source page 187
  35. Principle 1179A material defense is one which, if valid, would alter the view taken of the action. The foundation of this defense. - 187 - Civil ProcedurePleadings — Part Three · Source page 187
  36. Principle 1180Deficiency in the factual reasons of a judgment. Invalidates it. Deficiency or error in its legal reasons, however, does not invalidate it but renders it tainted by an error of law.Pleadings — Part Three · Source page 188
  37. Principle 1181The defence whose non-response renders the judgment deficient. A material defence. Its nature. It is one which, if valid, would alter the determination of the action.Pleadings — Part Three · Source page 188
  38. Principle 1182The judgment’s failure to give due attention to examining a defense which, if correct, would change the view taken of the case. Deficiency. Example.Pleadings — Part Three · Source page 188
  39. Principle 1183A material defense which the litigant requested be investigated. The judgment’s disregard of investigating it and failure to address it with any response. Deficiency and infringement.Pleadings — Part Three · Source page 188
  40. Principle 1184A material defence. The complaint on appeal that the court of first instance did not respond to it. The appellate judgment's disregard of it or examination of it and response to it. Deficiency. An example.Pleadings — Part Three · Source page 188
  41. Principle 1185A litigant submitting documents and relying on their significance. The judgment’s disregard of the defense relating to them and its failure to discuss them despite the significance they may have. Deficiency.Pleadings — Part Three · Source page 188
  42. Principle 1186The judgment’s basing its decision on witnesses’ statements without specifying the nature and import of their statements and the truth established for the court from them. Deficiency.Pleadings — Part Three · Source page 188
  43. Principle 1187A litigant submitting documents and invoking their significance. The judgment declining to examine them despite their materiality. Deficiency and infringement of the right of defense. Ascertaining the facts in the actionPleadings — Part Three · Source page 188
  44. Principle 1188A litigant’s plea that he was placed under receivership and his request to join the receiver as a party to the action. The other litigant not disputing that. The judgment’s rejection of this defense. On the assertion thaPleadings — Part Three · Source page 189
  45. Principle 1189If the reasons of the judgment are insufficient to address the evidence submitted and the claims made in the case, it is tainted by deficient reasoning. Example.Pleadings — Part Three · Source page 189
  46. Principle 1191A judgment's failure to respond to objections directed against the expert's report and to the documents it disregarded. Deficiency so long as the expert did not state reasons containing a response to those objections andPleadings — Part Three · Source page 189
  47. Principle 1192Failure to examine the evidence submitted to establish tortious liability on the part of a defendant, which is not connected to the establishment of contractual liability on the part of another defendant. Inadequate reasPleadings — Part Three · Source page 189
  48. Principle 1193Drawing judicial presumptions is within the authority of the trial court, provided that the inference is reasonable. A judgment based on two mutually supporting presumptions. The unsoundness of either vitiates the judgmePleadings — Part Three · Source page 189
  49. Principle 1195The trial court's independent authority to assess judicial presumptions and reject those it sees fit to reject. Its condition is that it has examined and considered the presumption. Rejecting the presumption without consPleadings — Part Three · Source page 189
  50. Principle 1196Invoking the significance of a submitted document which, if valid, would change the view taken of the action. It must be discussed and answered. Omission of this. Deficiency. - 189 - Civil ProcedurePleadings — Part Three · Source page 189
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