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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    Principle 1197The trial court's disregard of a material defense vitiates its judgment by inadequacy of reasoning. Example.Pleadings — Part Three · Source page 190
  2. Principle 1198Invoking a material defence. Failure to respond to it. Deficient reasoning and infringement of the right of defence requiring cassation of the judgment.Pleadings — Part Three · Source page 190
  3. Principle 1199Every unequivocal request whose granting may alter the determination of the action must be answered by the court of the merits with specific reasons; otherwise, its judgment is defective.Pleadings — Part Three · Source page 190
  4. Principle 1200The authority of the court of merits to ascertain an understanding of the facts of the case and interpret documents. Its condition is that its findings have a basis and do not depart from what is established in the paperPleadings — Part Three · Source page 190
  5. Principle 1201Determining the elements of damage included in calculating compensation. A question of law subject to review by the Court of Cassation. Assessing compensation as a lump sum based on the elements of damage and without regPleadings — Part Three · Source page 190
  6. Principle 1202The appellate judgment's ruling to amend the maintenance for the custody dwelling. The respondent's prior assertion before the court of first instance that he had allocated a dwelling for the two minors. A material defenPleadings — Part Three · Source page 190
  7. Principle 1203The inadequacy of the judgment’s wording in elucidating the elements of possession and its failure to state the form of use of the land as a thoroughfare which it denied, its significance, and the extent of State intervePleadings — Part Three · Source page 190
  8. Principle 1204Regulation of the granting of licenses and ownership of commercial premises. A matter of public policy. Law 32 of 1969. Its import. Prohibition of issuing a license to a non-Kuwaiti and its cancellation in the event of iPleadings — Part Three · Source page 190
  9. Principle 1205The defense that a blank cheque was lost, that the opposing party found it and forged its particulars, and that he falsely reported its drawer for the offense of issuing a cheque without sufficient funds in order to compPleadings — Part Three · Source page 191
  10. Principle 1206The judgment’s omission to discuss a litigant’s documents despite their evidentiary import that may change the determination of the case. Inadequate reasoning. An example.Pleadings — Part Three · Source page 191
  11. Principle 1207The plea of invalidity of attachment for absence of its subject matter. A substantive plea. It may be raised at any stage of the proceedings. A material defence. Failure to respond to it. Deficiency. An example.Pleadings — Part Three · Source page 191
  12. Principle 1208Submitting a document and invoking its significance in the subject matter of the dispute. The judgment's failure to discuss it despite its possible significance. Inadequacy that vitiates the judgment.Pleadings — Part Three · Source page 191
  13. Principle 1209The trial judge’s exclusive authority to ascertain and understand the facts of the case and assess its evidence. Its condition is that he base his ruling on reasonable grounds. A litigant’s submission of documents and rePleadings — Part Three · Source page 191
  14. Principle 1210The authority of the court of merits to interpret agreements and instruments. Its limits. Not departing from what their wording admits or distorting their true meaning. Its departure from the apparent meaning of their foPleadings — Part Three · Source page 191
  15. Principle 1211Failure to appreciate the import of the expert’s finding that damage is absent and failure to scrutinize the documents. Deficiency.Pleadings — Part Three · Source page 191
  16. Principle 1212Failure to examine a material defence. Its effect. Deficiency in the judgment's factual reasons. Example. - 191 - Civil ProcedurePleadings — Part Three · Source page 191
  17. Principle 1213The broker's remuneration. Is payable by the contracting party who commissioned him to complete the transaction, not the other party. Ruling that the conclusion of the transaction as a result of the broker's efforts commPleadings — Part Three · Source page 192
  18. Principle 1214The judgment's failure to ascertain the prevailing commercial custom as to the meaning of the term "commercial" appearing in Minister of Communications Decision No. 187/1979 concerning the specification of handling chargPleadings — Part Three · Source page 192
  19. Principle 1215Overtime pay. It may be fixed by agreement in advance. Provided that it covers the worker's full overtime pay as specified by law. The judgment's statement that the agreed pay exceeds the statutory minimum overtime pay wPleadings — Part Three · Source page 192
  20. Principle 1217A party's submission of documents and invocation of their significance. The judgment's disregarding them without examination despite their potential significance and effect on the judgment. Deficiency. Example.Pleadings — Part Three · Source page 192
  21. Principle 1219The court's failure to respond to a material defence and failure to scrutinize the documents submitted in support of it. Deficiency. An example.Pleadings — Part Three · Source page 192
  22. Principle 1220The contracting parties’ intention to exchange payments. An essential condition in a current account. The judgment’s conclusion that the current account was not closed because payment and receipt movements continued, trePleadings — Part Three · Source page 192
  23. Principle 1221The judgment’s reliance on conjectural evidence drawn from a technical report to negate liability for a fire without ascertaining its cause. Unsoundness and deficiency.Pleadings — Part Three · Source page 193
  24. Principle 1222A judgment's deficiency for failure to respond to a plea or defense is contingent upon its reasons containing nothing that constitutes a valid implicit response to it.Pleadings — Part Three · Source page 193
  25. Principle 1223The free-of-particular-average clause in insurance policies. What it excludes from the scope of cover: particular partial loss, except that resulting from the vessel’s stranding, sinking, or burning. The defence concerniPleadings — Part Three · Source page 193
  26. Principle 1224The obligation of the court of merits to address every material defense and express its opinion thereon. The nature of a material defense. Example.Pleadings — Part Three · Source page 193
  27. Principle 1225The deficiency vitiating a judgment for failure to respond to a material defense. Its nature. Example. The judgment dismissing the action without addressing the significance of a presumption whose examination may shift tPleadings — Part Three · Source page 193
  28. Principle 1226The judgment must resolve every dispute concerning any element of the case upon which its determination depends. Its refusal to examine a comprehensive accounting between the parties necessary to resolve the dispute in iPleadings — Part Three · Source page 193
  29. Principle 1227The court must examine every serious defence; otherwise its judgment is vitiated by deficiency. - A defence asserting that although the suspensive condition was not actually fulfilled, it was deemed fulfilled by law becaPleadings — Part Three · Source page 193
  30. Principle 1228The material defense which the trial court is obliged to address and express an opinion on. Its definition. - The judgment's disregard of a defense based on documents submitted by the litigant to the court and its failurPleadings — Part Three · Source page 194
  31. Principle 1230The judgment's failure to respond to a material defence that might change the view taken of the action vitiates it through deficient reasoning. Example of a material defence. - The court of merits is obliged to address ePleadings — Part Three · Source page 194
  32. Principle 1231The deficiency that vitiates a judgment for failing to respond to a defence. The defence must be material.Pleadings — Part Three · Source page 194
  33. Principle 1232A litigant submitting documents and relying on their significance. The judgment’s disregard of them without examination despite the significance they may have in affecting the judgment. Deficiency.Pleadings — Part Three · Source page 194
  34. Principle 1233A litigant’s submission of documents and reliance upon their significance. The judgment’s disregard of them despite the significance they may have that could change the outcome of the case. Deficiency. Example.Pleadings — Part Three · Source page 194
  35. Principle 1234A litigant raising a material defense supported by documents he submitted. It must be scrutinized in light of the significance of those documents. The judgment's omission to do so vitiates it by an invalidating deficiencPleadings — Part Three · Source page 194
  36. Principle 1235The judgment’s omission of documents submitted by a litigant to the court of the merits to establish a material defence. Inadequate reasoning.Pleadings — Part Three · Source page 195
  37. Principle 1236Where the reasons for a judgment do not constitute an adequate response to the appellant's defence and are general and unsupported by evidence derived from the papers, it is vitiated by deficient reasoning. Example.Pleadings — Part Three · Source page 195
  38. Principle 1237The expert's opinion is an element of proof subject to the assessment of the court of merits. The circumstances for this. The reasons of the expert's report must be sufficient to support the conclusion it reached. ConfliPleadings — Part Three · Source page 195
  39. Principle 1238Assessing the adequacy or inadequacy of the reasons on which the two arbitrators' report was based. Falls within the trial court's authority. Its condition is that its decision be based on sound reasons having their basiPleadings — Part Three · Source page 195
  40. Principle 1239A material defence which, if valid, would change the view taken of the action. The judgment's failure to respond to it. Deficiency. Example.Pleadings — Part Three · Source page 195
  41. Principle 1240The court of the merits' refusal to investigate a material defence which, if valid, would alter the determination of the action. Vitiates its judgment with infringement of the right of defence and deficient reasoning, nePleadings — Part Three · Source page 195
  42. Principle 1241The Municipality’s functions are confined to residential areas. Its competence over cleaning streets and roads within those areas. External roads and highways. The obligation to maintain and clean them lies with the MiniPleadings — Part Three · Source page 196
  43. Principle 1242The court’s adoption of the expert’s report on its stated reasons without being obliged to respond separately to the challenges directed against it. Its condition. That the reasons of the expert’s report be sound. The coPleadings — Part Three · Source page 196
  44. Principle 1243A litigant submitting documents to the court and invoking their significance for the subject matter of the dispute. The judgment disregarding his defense concerning them and failing to discuss them despite the significanPleadings — Part Three · Source page 196
  45. Principle 1244The victim’s contribution to the fault alongside the person who caused the accident. The effect of disregarding it. Inadequate reasoning. An example.Pleadings — Part Three · Source page 196
  46. Principle 1246Failure to address a material defence vitiates the judgment by deficiency. Its effect. Cassation of the judgment.Pleadings — Part Three · Source page 196
  47. Principle 1247The defence which the court of merits is obliged to address is a material defence. Its nature. Failure to respond to it. Deficiency. Its effect. Nullity of the judgment. - The court's reliance in its judgment on a defectPleadings — Part Three · Source page 196
  48. Principle 1248Being subject to procedures for settling transactions relating to company shares originally carried out pursuant to Law 75 of 1983. Its effect. The institution’s receivership over the debtor’s assets continues until fullPleadings — Part Three · Source page 196
  49. Principle 1249Deficiency in the judgment’s factual reasons is what entails its nullity, unlike deficiency or error in the legal reasons, which renders it tainted by error in the application of the law.Pleadings — Part Three · Source page 197
  50. Principle 1250The Convention on the Enforcement of Judgments among Certain Arab States. Its force as domestic law for signatory or acceding states. The challenged judgment's contravention of this requires its cassation. Example concerPleadings — Part Three · Source page 197
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