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. - الإعلان في موطن الوكيل

    Principle 109The agent’s domicile is recognized for service only at the level of litigation for which he was appointed. The effect thereof. An appeal may not be served at the agent’s domicile. The exception: the respondent’s designatPleadings — Part Three · Source page 23
  2. Principle 110Validity of service of the appeal at the elected domicile. Its criterion. - An appeal against a judgment cannot validly be served at the domicile of the agent of the person against whom the appeal is intended to be direcPleadings — Part Three · Source page 24

  3. - الوكالة العامة

    Principle 111Service of an appeal at the elected domicile is valid only if that domicile is stated in the document serving the judgment, or if the respondent is the plaintiff and had not stated his original domicile in the statement Pleadings — Part Three · Source page 24
  4. Principle 112General agency. Its nature. Its effect: it confers upon the agent only the right to perform acts of administration. - An agreement involving a legal disposition. The agent must have a special power of attorney to concludPleadings — Part Three · Source page 24

  5. - الوكالة بأجر

    Principle 113General agency. Its nature. Its effect: the agent has capacity only in acts of administration. - Special agency. Its nature. - Acts of administration admit of both general and special agency. Dispositions falling outsidePleadings — Part Three · Source page 24
  6. Principle 115Management of the board of a joint-stock company. It is entrusted to the chairman and its members in their capacity as agents of the general meeting of shareholders, in return for remuneration. They must exercise ordinarPleadings — Part Three · Source page 25
  7. Principle 116The parties’ agreement on remuneration for the agency. It is subject to judicial assessment unless paid voluntarily after performance of the agency.Pleadings — Part Three · Source page 25

  8. - الوكالة بالخصومة

    Principle 117The lawyer's obligation towards the client—where the agency is remunerated—its nature. An obligation to perform work in which the lawyer must exercise the care exercised by an ordinary person, which, in the legal professPleadings — Part Three · Source page 25
  9. Principle 118Representation of litigants before the courts. The general rule. For lawyers alone. The exception. Spouses, relatives by marriage and relatives up to the fourth degree may be appointed to act in pleading procedures. SignPleadings — Part Three · Source page 26
  10. Principle 119The lawyer’s obligation to accept his client. An obligation to perform work in which a degree of care is exercised. The rule regarding this care. - Contractual fault in an obligation to exercise care. Its nature. - The lPleadings — Part Three · Source page 26
  11. Principle 120The legislature's regulation of agency for appearance. Its general rule is to confine the right to represent litigants before courts exclusively to lawyers. Exception: the right to appoint spouses, relatives by marriage,Pleadings — Part Three · Source page 26
  12. Principle 121Service of the papers necessary for proceeding with the action at the agent's address is recognised only at the level of litigation for which he was appointed.Pleadings — Part Three · Source page 26
  13. Principle 122The lawyer who signs the appeal petition. Need not be authorised by the appellant or conduct the appeal himself. - 26 - Civil ProcedurePleadings — Part Three · Source page 26
  14. Principle 123The agent's domicile is recognised for service of the documents necessary for the progress of the action at the level of litigation for which he is authorised. This applies to service of amendments to claims at the same Pleadings — Part Three · Source page 27
  15. Principle 124A new ground unrelated to public policy. Raising it as a challenge for the first time before the Court of Cassation. Inadmissible. An example concerning the omission of particulars relating to agency from the statement oPleadings — Part Three · Source page 27
  16. Principle 125The legislator’s requirement that a non-lawyer agent appearing for a litigant at hearings have a marital relationship or a relationship by blood or marriage up to the fourth degree is confined to attendance at hearings. Pleadings — Part Three · Source page 27
  17. Principle 126Reduction of lawyers’ fees by the court. The two elements that must be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for claiming it. An action brought by the client or a Pleadings — Part Three · Source page 27
  18. Principle 127A party's lawyer has the right to plead that the appeal be deemed never to have existed, so long as the power of attorney issued to the lawyer permits this.Pleadings — Part Three · Source page 27
  19. Principle 128The general rule in an agency contract is that the principal is not restricted in choosing his agent to someone belonging to a particular category or related to him by blood or marriage. The exception. Agency before the Pleadings — Part Three · Source page 27
  20. Principle 129Engaging a private-sector lawyer alongside government lawyers in actions brought by or against the government. Not prohibited. - 27 - ProcedurePleadings — Part Three · Source page 27
  21. Principle 130An originally retained lawyer's authorization of another lawyer without a requirement of writing. A general agency between lawyers intended to ensure the continued progress of the proceedings and prevent their disruptionPleadings — Part Three · Source page 28
  22. Principle 131The statement by which a cassation appeal is brought. Must be signed by a lawyer. The lawyer need not be appointed as agent for the appellant. - The lawyer permitted to plead for companies and authorised to sign statemenPleadings — Part Three · Source page 28
  23. Principle 132The arbitrator derives his jurisdiction from the parties’ agreement to appoint him as arbitrator. The necessary consequence thereof. If the arbitration agreement is contained in a contract concluded by a person as represPleadings — Part Three · Source page 28
  24. Principle 133Challenging a lawyer's capacity to appear when the litigant acknowledges the agency. Unwarranted interference in the relationship between the persons concerned and their agents. - Issuance of a power of attorney by the rPleadings — Part Three · Source page 28
  25. Principle 134The general rule is that a lawyer is an agent whose relationship with his client is governed by the general law provisions concerning the relationship between principal and agent. The provision in Article 32 of Law 42 ofPleadings — Part Three · Source page 28
  26. Principle 135A lawyer's agency. Its formation, termination and all its other rules are subject to the general rules relating to agency in the Civil Code, except for the provisions contained in Law 42 of 1964 and its amendments concerPleadings — Part Three · Source page 29
  27. Principle 137An agent’s statement before the court admitting a fact alleged by his principal’s adversary with the intention of relieving the latter of proving it. Its treatment as an admission by the principal. The condition for thisPleadings — Part Three · Source page 29
  28. Principle 138Liquidation of the company. Its effect. The extinction of its manager’s capacity to represent it and his replacement by the liquidator, who alone has capacity to represent it before the courts. The import thereof. The tePleadings — Part Three · Source page 29
  29. Principle 139The petition for cassation. It must be signed by a lawyer. The lawyer need not be the appellant's agent. - 29 - Civil ProcedurePleadings — Part Three · Source page 29
  30. Principle 140The plea raised by the appellant's representative that paragraph 1 of Article 1 of Law 18 of 1969 concerning the demarcation of State property outside the general planning boundary is unconstitutional. Failure of the lawPleadings — Part Three · Source page 30
  31. Principle 141Defending the interests of the Public Treasury in all cases brought by or against the Government before the courts. Falls to the Department of Legal Advice and Legislation. Engaging a private-sector lawyer alongside it iPleadings — Part Three · Source page 30
  32. Principle 142A lawyer's appearance as agent for a litigant and proof of that agency before the court. This makes him the representative of the person who granted the litigation agency, and accordingly the principal is present in the Pleadings — Part Three · Source page 30

  33. - الوكالة الخاصة بالمعاوضات والتبرعات

    Principle 145Ascertaining the extent of the agency. Its criterion. Reference to the wording and provisions of the power of attorney. Its interpretation is entrusted to the judge of merits without review. Its condition. - 30 - ProceduPleadings — Part Three · Source page 30
  34. Principle 146Sale under the Majalla of Judicial Rules. It is a consensual contract formed by concurrence of offer and acceptance regarding the thing sold and the price. Its legal effect: the buyer's ownership of the thing sold and thPleadings — Part Three · Source page 31

  35. - الوكالة الخاصة

    Principle 147The original principal’s authorization of his agent to sell the real property to himself and to appoint another agent for that purpose. The agency is deemed a remunerated agency and one in the agent’s interest. InclusionPleadings — Part Three · Source page 31
  36. Principle 148The agent’s conclusion of the contract in circumstances indicating, by virtue of his position, that he has the right to agree to the arbitration clause. Negating this appearance and negating the agent’s exceeding the bouPleadings — Part Three · Source page 31
  37. Principle 149The Companies Law and the Commercial Code. Their absence of a provision concerning representation by another partner in a limited liability company at its general meeting to increase capital and change the company's objePleadings — Part Three · Source page 31

  38. - الوكالة الظاهرة

    Principle 150Agency for sale and other transactions for consideration. It must be a special agency specifying the type of disposition. It may be granted without specifying the subject matter. Its scope extends to all the principal’s Pleadings — Part Three · Source page 32
  39. Principle 151The apparent agent. Binding the principal by his act. Article 557 of the Commercial Code. The rule in this article is not confined to the case specified therein. The reason therefor.Pleadings — Part Three · Source page 32
  40. Principle 152The determining consideration in applying the theory of apparent agency. The good faith of the third party who contracted with the apparent agent, irrespective of the agent’s bad faith or the good faith of the person in Pleadings — Part Three · Source page 32
  41. Principle 153The agent's contracting for the principal's account within the limits of his agency. It is attributable to the principal, and all its rights accrue to him. His contracting beyond the limits of his agency or without authoPleadings — Part Three · Source page 32
  42. Principle 154The judgment correctly concluding that the principal is bound by the act of his apparent agent. Reliance on Articles 562 and 569 of the Commercial Code concerning the commercial representative and the employee whom the mPleadings — Part Three · Source page 32
  43. Principle 155The agent acting without representative authority. The disposition he concludes with a third party does not take effect in respect of the principal, even if the third party acts in good faith believing that he is acting Pleadings — Part Three · Source page 32
  44. Principle 156Apparent agency. Binding the principal by the act of his apparent agent therein. The basis thereof.Pleadings — Part Three · Source page 33
  45. Principle 157Apparent agency. Its existence produces the same consequences as actual agency. The effect thereof.Pleadings — Part Three · Source page 33
  46. Principle 158Apparent agency. Its elements. Treating the representative’s contracting as having occurred on the basis of representation after its termination. Its condition. Good faith on the part of the representative and the personPleadings — Part Three · Source page 33
  47. Principle 159Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his act with third parties, in rights and obligations, accrue to the principal. The reason therePleadings — Part Three · Source page 33
  48. Principle 160Apparent agency. The conditions for its establishment: the agent's acting in the principal's name without representative authority; the good faith of the person dealing with the agent, irrespective of the agent's good faPleadings — Part Three · Source page 33
  49. Principle 161It being established that the apparent agent is a non-Kuwaiti prohibited from engaging in commerce and for his own account or owning a commercial establishment. And that his signature on the papers of the establishment hPleadings — Part Three · Source page 33
  50. Principle 162An agent's contracting without authority or beyond its limits. The transaction does not take effect against the principal unless he ratifies it. - The doctrine of apparent agency. Its meaning. Binding the agent by the acPleadings — Part Three · Source page 33
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