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. الفساد في الاستدلال

    Principle 1358Ascertaining the litigants’ standing in the action. A matter of fact. Its determination falls within the authority of the court of merits. Restrictions on that. An example of unsound inference and contravention of what iPleadings — Part Three · Source page 214
  2. Principle 1359The fault of the drawer who owns the checkbook in safeguarding it. Its standard is objective. - Inferring fault giving rise to liability. Within the unrestricted discretion of the court of merits. The constraints upon thPleadings — Part Three · Source page 214
  3. Principle 1360A judgment basing its ruling on a matter it assumed without evidence thereof or identification of the source from which it derived it. Renders it defective for unsound inference and insufficient reasoning, requiring its Pleadings — Part Three · Source page 214
  4. Principle 1361Understanding the facts of the case and assessing the evidence, indications, and documents. Within the authority of the court of merits. Its condition. That it state in its judgment how it arrived at that understanding aPleadings — Part Three · Source page 214
  5. Principle 1362Inferring the fault giving rise to liability and the causal relationship between fault and damage is exclusively for the court of merits. The condition for that. It must state the cogent grounds leading to its conclusionPleadings — Part Three · Source page 214
  6. Principle 1363Assessment of compensation. A factual matter according to the ordinary course of similar matters, without exaggeration or excess. Exceeding this. Enrichment. - Absence from the record of the fact upon which the judgment Pleadings — Part Three · Source page 214
  7. Principle 1364Delivery transferring the risk of loss of the thing sold to the purchaser occurs only by placing the thing sold at his disposal and after formally notifying him to take delivery of it. Formal notice is given by an officiPleadings — Part Three · Source page 214
  8. Principle 1365The reasons of a judgment are considered tainted by unsound inference if they contain something affecting the soundness of deduction. Instances thereof: reliance on evidence unsuitable for forming a conviction, failure tPleadings — Part Three · Source page 215
  9. Principle 1366Assessment of whether the activity is among the commercial activities which non-Kuwaitis are prohibited from practising. Within the authority of the court of merits. The condition for this. An example of unsound inferencPleadings — Part Three · Source page 215
  10. Principle 1367The principle is that a judgment must itself contain all its reasons. When it may validly refer to the reasons of another judgment rendered in another action. An example of a judgment's unsound inference from another judPleadings — Part Three · Source page 215
  11. Principle 1368Ruling that a contract is valid and enforceable when a final judgment has declared it absolutely void. Contravention of the law, error in its application and flawed inference requiring its cassation. This is not affectedPleadings — Part Three · Source page 215
  12. Principle 1369Assessment of consideration for use as compensation equivalent to the benefit received by the contracting party who has become unable to restore in kind what he gained as a result of the void contract, although within thPleadings — Part Three · Source page 215
  13. Principle 1370When the reasons of a judgment are considered tainted by faulty inference. - Acceptance precluding a challenge to the judgment. Its requirements. That it unequivocally indicate the judgment debtor's acquiescence in it. IPleadings — Part Three · Source page 216
  14. Principle 1371The reasons of the judgment. When they are tainted by the defect of unsound inference requiring cassation. An example.Pleadings — Part Three · Source page 216
  15. Principle 1372Assessment of evidence and documents. Within the authority of the judge of merits. The condition for this: the reasons must lead to the conclusion reached in his ruling and his inference must be sound. The judgment's conPleadings — Part Three · Source page 216
  16. Principle 1373The female custodian's right to claim the rent of the minor's dwelling as part of maintenance. Extinction of this right. Its criterion: proof of her ownership of a dwelling in which she resides or which is allocated for Pleadings — Part Three · Source page 216
  17. Principle 1374The grounds of a judgment. They are considered tainted by unsound inference if they contain a defect affecting the soundness of deduction. Instances of that defect.Pleadings — Part Three · Source page 216
  18. Principle 1375The court of merits has full authority to adopt the evidence it finds reliable and discard the rest. Its condition. That it base its judgment on sound reasons. - Conflict between the expert’s conclusion in his report andPleadings — Part Three · Source page 216
  19. Principle 1376Gross and intentional misconduct on the part of the injured person which relieves the direct perpetrator of liability. Its nature. - The judgment stating in its text that the state of manifest intoxication of the two resPleadings — Part Three · Source page 217
  20. Principle 1377The existence of an employment relationship. The trial judge has exclusive authority to assess it. The condition for this. That he base his ruling on reasonable grounds sufficient to support it. An example of a judgment Pleadings — Part Three · Source page 217
  21. Principle 1378Determining the fault giving rise to liability for compensation and the causal relationship between it and the damage is a question of fact which the court of merits independently assesses. The condition for this. - The Pleadings — Part Three · Source page 217
  22. Principle 1379The reasons of a judgment. The criterion for considering them tainted by faulty inference. - The judgment's conclusion to reject the certificate of the General Department of Criminal Evidence containing the police statioPleadings — Part Three · Source page 217
  23. Principle 1380Assessing the existence or absence of grounds for deprivation or restriction of guardianship is a matter independently determined by the court of merits. The condition for this. Basing it on sound reasons. Failure of thiPleadings — Part Three · Source page 217
  24. Principle 1381Assessment of the grounds for forfeiture of custody. A matter of fact independently determined by the court of the merits. Its condition. Reliance on sound reasons having an established basis in the papers. An example ofPleadings — Part Three · Source page 218
  25. Principle 1382Basing a judgment on several mutually supporting presumptions. A defect in one of them and the impossibility of ascertaining the effect of that defect on the conclusion reached. Its implication. Defective inference. ExamPleadings — Part Three · Source page 218
  26. Principle 1384When the reasons for a judgment are considered tainted by unsound inference. - The Court of Appeal's error in understanding the facts of the action concerning the date of the increase in the appellant in cassation's incoPleadings — Part Three · Source page 218
  27. Principle 1385Unsound inference. Its nature. - The judgment’s reliance, in ruling to correct the entry concerning the nationality of the respondent’s son by making it non-Kuwaiti, on a follow-up card for the affairs of illegal residenPleadings — Part Three · Source page 218
  28. Principle 1387The judgment’s adoption of the expert’s report despite the error in its calculation. Vitiates it in a manner requiring its partial cassation as to the amount of end-of-service entitlements awarded. - 218 - Civil ProcedurPleadings — Part Three · Source page 218
  29. Principle 1388Inferring the elements of fraudulent misrepresentation and assessing what does or does not establish it. A matter for the trial court. Its condition. Example of defective reasoning to establish the appellant's knowledge Pleadings — Part Three · Source page 219
  30. Principle 1389The challenged judgment’s conclusion that the insurance company has the right of recourse against the insured to recover the compensation it paid because he breached the terms of the insurance policy by driving the car wPleadings — Part Three · Source page 219
  31. Principle 1390The reasons of the judgment containing a defect affecting the soundness of deduction. This vitiates it by unsound inference. Its cases. An example of a judgment vitiated by unsound inference and contradiction of what is Pleadings — Part Three · Source page 219
  32. Principle 1391The judgment's attribution of a fact to an imaginary source, or one contradicting what it established, or one from which it is logically impossible to infer the fact. Faulty inference.Pleadings — Part Three · Source page 219
  33. Principle 1392The challenged judgment's conclusion that the appellant company was liable for the accident, contrary to the Court of Cassation's conclusion finding it erroneous and quashing it for disregarding the Traffic Department's Pleadings — Part Three · Source page 219
  34. Principle 1393A challenge on grounds of simulation. The ruling on it may not be based on the provisions of the challenged contract. The reason for this. It involves assuming the matter to be proved and passing judgment on the evidencePleadings — Part Three · Source page 219
  35. Principle 1394Unsound inference in a judgment. Its condition. That its reasons be tainted by a defect affecting the soundness of the deduction. This occurs where the court bases its conviction on evidence objectively unfit to support Pleadings — Part Three · Source page 219
  36. Principle 1395Unsound inference. Its nature. - The court of merits may adopt all or part of the expert’s report. The condition for this.Pleadings — Part Three · Source page 220
  37. Principle 1396Material defense. Its nature. The court must examine it; otherwise, its judgment is defective for insufficiency. - Reliance by the judgment on reasons that do not constitute a response to a material defense. InsufficiencPleadings — Part Three · Source page 220

  38. فساد إحدى القرائن المجتمعة

    Principle 1397The female appellant’s acknowledgment of possessing certain documents. Properly understood in law, this does not constitute an acknowledgment by her of possessing the remaining documents so long as the plaintiff has not Pleadings — Part Three · Source page 220
  39. Principle 1398Unsound inference. Its nature. - The judgment's reliance on several presumptions collectively, without showing the effect of each separately in forming the court's conviction. Establishment of the invalidity of one of thPleadings — Part Three · Source page 220

  40. مخالفة الثابت بالأوراق

    Principle 1399Basing the judgment on a set of combined and mutually supporting presumptions such that the effect of each individually on the formation of the court's conviction is not apparent. The unsoundness of its reliance on some Pleadings — Part Three · Source page 220
  41. Principle 1403The power of the court of merits to ascertain the facts of the case. Its condition. That it explain how it ascertained them, the evidence therefor and how it drew inferences from that evidence. - Disregarding the damage Pleadings — Part Three · Source page 221
  42. Principle 1404It being established that the apparent agent is a non-Kuwaiti prohibited from engaging in trade on his own account or owning a commercial establishment, and that his signature on the papers of the establishment he represPleadings — Part Three · Source page 221
  43. Principle 1405The judgment must be based on sound reasons having an established basis in the papers and leading to the conclusion it reached. The Court of Cassation may exercise its review whenever the reasons for the judgment do not Pleadings — Part Three · Source page 221
  44. Principle 1406The authority of the judge of merits to assess evidence. Its condition. Not to omit a plea or an aspect of a material defense, or base the judgment on something contrary to what is established in the papers, or have grouPleadings — Part Three · Source page 222
  45. Principle 1407Interpreting contracts instruments in the manner most fully giving effect to their intended purpose. Within the authority of the court of merits. The condition for this. Not departing from the apparent meaning of the insPleadings — Part Three · Source page 222
  46. Principle 1408A judgment being founded on an understanding it derived contrary to what is established in the record. Its effect. Invalidity requiring its cassation.Pleadings — Part Three · Source page 222
  47. Principle 1410If the court of the merits has based its judgment on an understanding contrary to what is established in the case papers, its judgment is invalid.Pleadings — Part Three · Source page 222
  48. Principle 1411The general rule regarding divorce attributed to the past is that it takes effect from the time the husband admits it, without qualification. Confirmation of the admitting husband's attribution of the divorce to an earliPleadings — Part Three · Source page 222
  49. Principle 1412The workplace at which service on a worker or employee is valid. Its nature: the place where he habitually performs his work. Directing service contrary to this. Its effect. Its nullity. An example concerning cassation oPleadings — Part Three · Source page 222
  50. Principle 1413The court of merits. Is bound in its ruling by the parties' requests. Its awarding what was not requested. Impermissible. Example. - 222 - Civil ProcedurePleadings — Part Three · Source page 222
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