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. القصور

    Principle 1305A claim or defense upon which adjudication is unequivocally requested and which changes the outcome of the case. The court must respond to it. Contravention of this. Its judgment is deemed devoid of reasons.Pleadings — Part Three · Source page 205
  2. Principle 1306A litigant's right to request that he be enabled to prove or negate his material defense. Its implication. The court must grant his request where this means is productive in the dispute and the action contains insufficiePleadings — Part Three · Source page 205
  3. Principle 1307A claim or defence advanced by a litigant whose determination he unequivocally requests and which would change the determination of the case. The judgment must address it with specific reasons. Failure to do so. Its effePleadings — Part Three · Source page 205
  4. Principle 1308It being established that the dispute in the three actions constitutes a single aspect without independence. The challenged judgment's failure to recognize this and its conclusion that the appellant's appeal was confinedPleadings — Part Three · Source page 205
  5. Principle 1309The judgment's inference of a fact from a nonexistent source and assumption of its existence without adducing evidence thereof, or its failure to specify the source from which it derived it. Inadequacy of reasoning invalPleadings — Part Three · Source page 206
  6. Principle 1310A request or ground of defence which, if valid, would change the view taken of the action. The court must answer it with specific reasons. Contravention of this. Deficiency.Pleadings — Part Three · Source page 206
  7. Principle 1311A request or defence advanced by a litigant before the court of the merits whose determination may alter the determination of the action. The court must answer it with specific reasons. Contravention of this. InvalidatesPleadings — Part Three · Source page 206
  8. Principle 1312The judgment’s disregard of documents submitted to the court on whose significance the litigant relied. A deficiency vitiating the judgment.Pleadings — Part Three · Source page 206
  9. Principle 1313Deficiency in the judgment’s factual reasons or its error in the litigants’ names and capacities that casts doubt on their true identities and connection to the litigation. Its effect. Its nullity. A clerical error in stPleadings — Part Three · Source page 206
  10. Principle 1314The court of merits adopting the expert's report submitted in the action and referring to it in stating the reasons for its judgment, where the reasons in that report do not lead to the conclusion it reached and do not cPleadings — Part Three · Source page 206
  11. Principle 1315The compensation claimant’s submission of acceptable evidence of an element of the damage for which compensation is sought. The court may disregard it and assess compensation contrary to it. Its condition: stating the rePleadings — Part Three · Source page 206
  12. Principle 1316An order striking out an action. It is not regarded as a judgment. The consequence thereof. It may not be challenged independently. The invalidity of the striking-out order may be invoked when proceedings in the struck-oPleadings — Part Three · Source page 206
  13. Principle 1317The defense that the court of merits is obliged to address is a material defense. The nature of this defense. The judgment's failure to scrutinize it. Its effect. Its cassation is required. Example.Pleadings — Part Three · Source page 207
  14. Principle 1318A material defence. Its nature. The court must examine it; otherwise its judgment is vitiated by inadequate reasoning. - Unsound inference. Its nature. - The judgment’s reliance on reasons that do not constitute a properPleadings — Part Three · Source page 207
  15. Principle 1319The material defence which the court is obliged to examine and answer. Its nature. The judgment's failure to examine and answer this defence despite its materiality. Deficiency. An example.Pleadings — Part Three · Source page 207
  16. Principle 1320The challenged judgment's ruling to rescind the contract against the female appellant for her failure to fulfill her obligation without examining her defense that the respondent had breached his obligation toward her. InPleadings — Part Three · Source page 207
  17. Principle 1321The judgment's being based on an understanding reached by the court that contradicts what is established in the papers of the action. A deficiency invalidating it.Pleadings — Part Three · Source page 207
  18. Principle 1322The court must answer a definite request; otherwise, its judgment is devoid of reasons. Appointment of an expert is not a right of the litigants. Its implication: the court may refuse it for specific reasons subject to rPleadings — Part Three · Source page 207
  19. Principle 1324The judgment's failure to examine and respond to a material defence. Deficient reasoning invalidating it. Example.Pleadings — Part Three · Source page 208
  20. Principle 1325Deficiency in the factual reasons for the judgment. Entails its nullity. - The court's failure to respond to a material defence affecting the conclusion it reached. A deficiency in the factual reasons for the judgment enPleadings — Part Three · Source page 208
  21. Principle 1326A litigant's advancement of a material defence and substantiation of it with documents. The court's failure to scrutinize it in light of its significance. Deficient reasoning. - The appellant in cassation's assertion thaPleadings — Part Three · Source page 208
  22. Principle 1328A void contract. Its effect. Articles 184, 185, Civil Code. The challenged judgment’s refusal to rule that the contract was void because the appellant had not brought a separate action for that purpose. Deficiency and erPleadings — Part Three · Source page 208
  23. Principle 1329A litigant’s submission of documents capable of affecting the determination of the case. The court’s failure to address them and their significance in its judgment. Deficient reasoning. Example.Pleadings — Part Three · Source page 209
  24. Principle 1330Decree No. 1 of 1959 concerning the commercial register system specifies the particulars that must be recorded when registering commercial companies. The condition for this: registration or amendment of its particulars mPleadings — Part Three · Source page 209
  25. Principle 1331Cases in which attachment of the debtor's property is impermissible, including the private residence. They do not conflict with the rule of general security prescribed in Law 41 of 1993. - The judgment's ruling that the Pleadings — Part Three · Source page 209
  26. Principle 1332Appointing a worker under a written or oral contract. Permissible. - The worker and employer may prove the employment relationship by all means of proof as long as there is no written instrument establishing it. An oral Pleadings — Part Three · Source page 209

  27. الفساد في الاستدلال

    Principle 1333The contract has the force of law for its two parties. The effect of this: neither may unilaterally revoke it or amend its provisions except within the limits permitted by agreement or prescribed by law. - The court of mPleadings — Part Three · Source page 210
  28. Principle 1334Basing the judgment's ruling on the respondent's attendance at the hearing having resulted from defective service relating to another hearing. Unsoundness and error.Pleadings — Part Three · Source page 210
  29. Principle 1336The court’s authority to interpret and construe the contract. Its condition. Not departing from its wording as a whole and contravening the contracting parties’ intention. Contravention of that. Violation of the law and Pleadings — Part Three · Source page 210
  30. Principle 1337Drawing a presumption of nonpayment from an unsigned private instrument. Unsound inference.Pleadings — Part Three · Source page 210
  31. Principle 1338Rejecting the two claims for end-of-service gratuity and compensation for termination on the ground that justification for dismissal existed, inferred from warnings and complaints against the female worker, despite the wPleadings — Part Three · Source page 210
  32. Principle 1339The court of merits’ statement of reasons to justify the evidence it adopted or to negate it. Cassation of its judgment if its inference is unsound because it is based on evidence or presumptions incapable of leading to Pleadings — Part Three · Source page 211
  33. Principle 1340Failure to examine the validity of an admission and basing the judgment on a hypothetical assumption. This vitiates the judgment.Pleadings — Part Three · Source page 211
  34. Principle 1341Assessment of maintenance. A matter of fact independently determined by the judge of the merits, provided that his assessment is sound. An example of an unsound assessment.Pleadings — Part Three · Source page 211
  35. Principle 1342Although the assessment of compensation for damage in tort falls within the authority of the trial judge, his reasoning concerning the elements of that assessment must lead to the conclusion upon which he based his judgmPleadings — Part Three · Source page 211
  36. Principle 1343A litigant may request that the decisive oath be tendered to his opponent where he lacks evidence to prove his claim. The court may refuse to tender it if it appears that the requester intended merely abuse or vexation. Pleadings — Part Three · Source page 211
  37. Principle 1344A cheque is, as a general rule, an instrument of payment to discharge an existing debt. The drawer's assertion otherwise. He must prove what he asserts. - The payee's good faith is presumed. Whoever alleges his bad faithPleadings — Part Three · Source page 211
  38. Principle 1345Implied acceptance by the person to whom the offer is addressed. The condition for its existence: adopting a position whose indication of that acceptance leaves no room for doubt in the circumstances. - 211 - Civil ProcePleadings — Part Three · Source page 211
  39. Principle 1346Contracts concluded by banks, companies and exchange establishments with non-Kuwaitis to invest their funds. The criterion for their validity. Investment of those funds falling within their objects. An example of defectiPleadings — Part Three · Source page 212
  40. Principle 1347The authority of the court of the merits to derive an understanding of the facts in the action. Its condition: that it have support in the papers of the action. An example of an unsound inference: the judgment's inferencPleadings — Part Three · Source page 212
  41. Principle 1348Duress invalidating consent. What constitutes it. Assessing the means of duress, the extent of their gravity, and their effect upon the contracting party’s mind. A factual matter exclusively assessed by the judge of meriPleadings — Part Three · Source page 212
  42. Principle 1349The authority of the court of merits to ascertain the facts, assess and weigh evidence and documents, and derive judicial presumptions. Its constraints. - Basing the judgment on documents that do not in themselves lead tPleadings — Part Three · Source page 212
  43. Principle 1350Official instrument. Its nature. - The judgment's treatment of a letter sent by registered mail as official service. Renders it defective. - 212 - Civil ProcedurePleadings — Part Three · Source page 212
  44. Principle 1351A judgment must be based on certainty and conviction, and its reasons must be drawn from the case papers and be tenable. Otherwise, it is defective. Example concerning defective reasoning.Pleadings — Part Three · Source page 213
  45. Principle 1352The court of the merits’ assessment of the evidentiary force of an admission. Its conditions: that its interpretation of the document containing it accord with what its expressions convey, without departing from their apPleadings — Part Three · Source page 213
  46. Principle 1353The court of merits drawing inferences from incorrect evidence, failing to understand the factual elements established before it, or a contradiction occurring between those elements. Its effect. The judgment is vitiated Pleadings — Part Three · Source page 213
  47. Principle 1354The court of merits stating reasons to justify the evidence it adopted or to negate it. Its effect. The Court of Cassation may review this and quash the judgment if its inference is unreasonable.Pleadings — Part Three · Source page 213
  48. Principle 1355The judgment's disregard of the significance of the expert's report indicating that use of the leased premises was incomplete and the effect thereof on the obligation to reduce the rent. Vitiates it by inadequacy of reasPleadings — Part Three · Source page 213
  49. Principle 1356Contradiction of what is established in the record and defective inference. Their effect. The necessity of cassation of the judgment. Example.Pleadings — Part Three · Source page 213
  50. Principle 1357The judgment's ruling establishing ownership of an area of the plot's land in lieu of the remaining area of the land in the deed, on the basis that the deceased had not previously relinquished the remaining area of the gPleadings — Part Three · Source page 213
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