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. - حكم المحكمين

    Principle 1715An arbitral award. The requirements governing its reasoning. Their nature. - Inclusion in the reasons of an arbitral award of a summary of the facts of the dispute, the parties’ documents, their arguments in defense, andPleadings — Part Three · Source page 271
  2. Principle 1716The summary of the arbitration agreement that must be included in the award of the judicial arbitration tribunal. What is intended by it. Any arbitration conditions the parties may have agreed upon that differ from thosePleadings — Part Three · Source page 271
  3. Principle 1718The draft decision of the Arbitration Committee at the Kuwait Stock Exchange, containing the grounds for determining the dispute, must be signed by the chairman and members of the Committee. Its signature by the majorityPleadings — Part Three · Source page 271

  4. - حكم مرسى المزاد

    Principle 1719An arbitrator's award. The general rule concerning it. It may not be appealed. The exception: annulment may be requested. Article 186 of the Law of Civil Procedure. Cases thereof. - The appellant's bringing her action chPleadings — Part Three · Source page 272
  5. Principle 1720Assessment of the expenses of enforcement proceedings, including lawyers' fees. Entrusted to the sales judge. This assessment must be announced at the hearing before bidding opens and mentioned in the judgment awarding tPleadings — Part Three · Source page 272
  6. Principle 1721Conducting the auction procedures and sale of the real property, assessing the expenses of the enforcement procedures, including lawyers’ fees, and giving notice of that assessment before opening the auction. Entrusted tPleadings — Part Three · Source page 272

  7. - استئناف حُكم مرسى المزاد

    Principle 1723Judgment awarding the auction. A means of compulsorily transferring ownership of the property from the judgment debtor to the successful bidder. Its effect. No need to serve this judgment in any form. Delay by the succesPleadings — Part Three · Source page 273
  8. Principle 1724Appeal against the judgment awarding the auction sale. Its cases. Article 277, Civil Procedure. Invalidity of matters preceding the sale hearing, such as invalidity of the sale announcement or invalidity of the enforcemePleadings — Part Three · Source page 273

  9. - أثر صدور حكم شهر الإفلاس

    Principle 1726Contracts concluded by the bankrupt before issuance of the judgment declaring his bankruptcy. Are not rescinded merely upon issuance of that judgment unless the bankrupt’s identity was a special consideration in contractPleadings — Part Three · Source page 273

  10. - حق التصدي

    Principle 1727A judgment declaring bankruptcy. Its effect. The bankrupt is divested of the management and disposition of his assets from the date of the judgment. He remains the owner of his assets and retains his legal capacity. The Pleadings — Part Three · Source page 274
  11. Principle 1728A ground relating to public policy. The Court of Cassation may raise it of its own motion even if not included in the appeal petition. Example concerning violation of the principle of litigation at 2 levels. - The princiPleadings — Part Three · Source page 274
  12. Principle 1729The court of first instance's exhausting its jurisdiction by ruling on the merits of the action. Invalidity of that judgment due to a defect not extending to the originating statement of claim. The Court of Appeal must nPleadings — Part Three · Source page 274
  13. Principle 1730One of the parties to arbitration asserting the nullity of the arbitration agreement. This constitutes a preliminary issue entailing a stay of the arbitration proceedings by operation of law. The court's contravention ofPleadings — Part Three · Source page 275
  14. Principle 1731A grievance against a payment order. Its effect. Placing the dispute before the court hearing the grievance to adjudicate its merits anew. The condition thereof. That the procedures for requesting the payment order are nPleadings — Part Three · Source page 275
  15. Principle 1732The plea of inadmissibility of the action prescribed in Article 1 of Law No. 33 of 2000 concerning claims to ownership of State real estate does not relate to the validity of the proceedings. The court of first instance Pleadings — Part Three · Source page 275

  16. - التجزئة

    Principle 1733The scope of the action is determined by the parties' express and unequivocal claims. What matters is the final relief sought around which the dispute revolves. This delimitation binds the parties and the judge. The courPleadings — Part Three · Source page 275
  17. Principle 1734Indivisibility. Its meaning. That determination of the dispute admits of only one solution. The effect of this being present on the plea that the appeal be deemed never to have been filed where there are multiple respondPleadings — Part Three · Source page 276
  18. Principle 1735Issuance of a judgment concerning an indivisible subject matter, a joint and several obligation, or an action in which the law requires certain persons to be joined. Any of them who has missed the time limit for challengPleadings — Part Three · Source page 276
  19. Principle 1736A legal act composed of divisible parts. A defect affecting one of them. Its effect. Only the defective part falls, without the other parts. Instances thereof.Pleadings — Part Three · Source page 276
  20. Principle 1737A judicial claim. For part of a right interrupts prescription in respect of its remainder. The condition therefor.Pleadings — Part Three · Source page 276
  21. Principle 1738Alleging the nullity of part of a contract. The party alleging nullity must establish that the void part is inseparable from the entirety of the contractual arrangement. The effect thereof. The remainder of the contract Pleadings — Part Three · Source page 276
  22. Principle 1739Splitting a current account. Impermissible. Claiming entitlement to any individual item in the account before its closure and determination of the final balance that may properly be claimed. Impermissible. The reason thePleadings — Part Three · Source page 276
  23. Principle 1740The principle of the relative effect of procedural steps in relation to challenging a judgment. Its import is that, where there are multiple judgment debtors and only one or some of them challenge the judgment, only thosPleadings — Part Three · Source page 276
  24. Principle 1741A judgment rendered in an indivisible subject matter, in an action in which the law requires the joinder of specified persons, or concerning a joint and several obligation. Its effect. The judgment debtors who missed thePleadings — Part Three · Source page 277
  25. Principle 1742A judgment rendered on an indivisible subject matter or a joint and several obligation, or in an action in which the law requires particular persons to be joined. Expiry of the time limit for challenging it for some of tPleadings — Part Three · Source page 277
  26. Principle 1743The plea that the action be deemed never to have been brought for failure to reinstate it after striking out. Established for the benefit of defendants who have not been served. Its effect. No other person may invoke thePleadings — Part Three · Source page 277
  27. Principle 1744The general rule is that only the person who brings an appeal against a judgment benefits from it, and it may be invoked only against the person against whom it was brought. - Failure by some judgment debtors to appeal aPleadings — Part Three · Source page 277
  28. Principle 1745The general rule is that a challenge to a judgment benefits only the person bringing it and may be invoked only against the person against whom it is brought. - Failure by some of the parties against whom judgment was rePleadings — Part Three · Source page 278
  29. Principle 1746A judgment issued on an indivisible subject matter or a joint and several obligation, or based on a single legal position. Its cassation in respect of one litigant entails its cassation in respect of the remaining litigaPleadings — Part Three · Source page 278
  30. Principle 1747The relative effect of procedural measures concerning a challenge to a judgment. Its implication. Where there are multiple respondents and only one or some of them challenge the judgment, only those who lodged the challePleadings — Part Three · Source page 278
  31. Principle 1748An action for the validity of a contract. Is not among indivisible actions. The condition for this.Pleadings — Part Three · Source page 278
  32. Principle 1749The meaning of indivisibility in a dispute. Its effect when ruling that the appeal be deemed never to have been brought. - 278 - ProcedurePleadings — Part Three · Source page 278
  33. Principle 1750Intervention asserting an independent claim in an action. Its effect. The intervener is considered a party to the action like the original parties and assumes therein the position of claimant vis-à-vis the claimant and dPleadings — Part Three · Source page 279
  34. Principle 1751Contesting claims directed against the estate through the heirs. Is indivisible. Its implication. It suffices for some to raise the defense for the others to benefit from it, since the person raising it is deemed to reprPleadings — Part Three · Source page 279
  35. Principle 1752A judgment rendered on an indivisible subject matter or a joint and several obligation, or in an action in which the law requires particular persons to be joined. Its effect. A judgment debtor who has missed the time limPleadings — Part Three · Source page 279
  36. Principle 1753Indivisibility. Its meaning. That determination of the dispute admits of only a single solution. A judgment deeming the appeal as never having been brought—in this case—in favour of the person who pleaded this entails dePleadings — Part Three · Source page 279
  37. Principle 1754Judgments whose determination admits of only one solution for all the judgment debtors. A person who missed the time limit for challenging the judgment or accepted it may challenge it. The means thereof. Example concerniPleadings — Part Three · Source page 279
  38. Principle 1755A judgment rendered on an indivisible subject matter or a joint and several obligation, or based on a single legal position. Its cassation in respect of one party entails its cassation in respect of the remaining partiesPleadings — Part Three · Source page 280
  39. Principle 1756An agreement to arbitrate a dispute concerning a particular contract. Its implication. It does not extend to another contract even if connected with it and between the same parties. Establishment that this connection is Pleadings — Part Three · Source page 280
  40. Principle 1757An indivisible obligation. Its instances. Indivisibility of the obligation. May be established by the parties’ will expressly or implicitly. - Implicit intention. Is inferred from the circumstances of contracting, particPleadings — Part Three · Source page 280

  41. - بوجه عام

    Principle 1758Multiple judgment creditors in a judgment rendered on an indivisible subject matter, and the lodging of a challenge against one of them within the time limit. The others must be joined even after that limit has expired iPleadings — Part Three · Source page 280
  42. Principle 1759Rules concerning whether a judgment is amenable to challenge are governed by the law in force when the judgment is issued and apply with immediate effect because they concern public policy. - Rules concerning the inadmisPleadings — Part Three · Source page 281
  43. Principle 1761A decision by the Committee for Exemptions from Judicial Fees exempting the appellant from judicial fees. Its effect. Exempting the appellant from depositing security for the cassation appeal against the judgment.Pleadings — Part Three · Source page 281
  44. Principle 1762Grounds relating to public policy. Invoking them for the first time in oral argument before the Court of Cassation. Its condition. That they concern what has been appealed. Example: the absence from the cassation petitioPleadings — Part Three · Source page 281
  45. Principle 1763Stating the litigant's name in the appeal petition without that of his representative. Suffices for the appeal proceedings to continue so long as his representative is known and was previously joined in the stages of litPleadings — Part Three · Source page 282
  46. Principle 1764The criterion for requiring the joinder of the remaining judgment debtors in a challenge against a judgment concerning a joint and several obligation is the true intent of the requests submitted, not the words in which tPleadings — Part Three · Source page 282
  47. Principle 1765The time limit for challenging a judgment. The rule concerning its commencement. When it begins from the date of service thereof. - Interruption of the sequence of hearings. Its necessary consequence. The litigants must Pleadings — Part Three · Source page 282
  48. Principle 1766The statement concerning the date of issuance of the judgment. Its purpose: identifying the commencement of the time limit for challenging it and determining the time from which res judicata takes effect. The primary souPleadings — Part Three · Source page 282
  49. Principle 1767Commencement of the time limit for challenging a judgment. The general rule. From the date of its pronouncement. The exception: from the date of service of the judgment. The cases covered by this exception include cases Pleadings — Part Three · Source page
  50. Principle 1768The time limit for challenging a judgment. The rule concerning its commencement. From the date of its pronouncement. Excepted cases. Article 129 of the Civil Procedure Law. The time limit for challenge in those cases begPleadings — Part Three · Source page
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