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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. ثالثاً: ميعاد الاستئناف

    Principle 2515The time limit for appeal is a time limit for appearance. The consequences thereof. - An appeal is subject to the rules and procedures applicable to an action before the first-instance court unless the law provides otherPleadings — Part Three · Source page 422
  2. Principle 2516Service on the heirs of the judgment debtor—in the event of death—which starts the time limit for challenging the judgment. Its criterion. That it take place at the deceased's last domicile, even if any of them has anothPleadings — Part Three · Source page 422
  3. Principle 2517An order prohibiting a debtor from travelling. A grievance against it is brought through the ordinary procedures for bringing an action and may be brought incidentally to the original action through the procedures for inPleadings — Part Three · Source page 422
  4. Principle 2518Service of the judgment. It must be effected on the judgment debtor personally or at his original domicile or workplace. The reason for that. Its effect on commencement of the time limits for challenge. The significance Pleadings — Part Three · Source page 423
  5. Principle 2519The time limit for appeal in all judgments on the merits. Thirty days. The legislature shortened this time limit in urgent matters to fifteen days. - Urgent matters. Their meaning. - A request by the person subject to atPleadings — Part Three · Source page 423
  6. Principle 2520Lodging a grievance against a payment order and appealing it simultaneously. Permissible for the debtor. The debtor's right to lodge a grievance is not forfeited as a result of his appeal. Reason thereof: forfeiture is ePleadings — Part Three · Source page 423
  7. Principle 2522Judgments issued in disputes relating to bankruptcy which arise only on its occasion, to which its rules and provisions apply, and whose determination requires application of the articles concerning bankruptcy. Their appPleadings — Part Three · Source page 424
  8. Principle 2523Service of the payment order and its petition is to be effected on the person against whom the order was issued personally, at his original domicile, or at his workplace. Its effect. Commencement of the period for lodginPleadings — Part Three · Source page 424
  9. Principle 2524An appeal being subject to the special bankruptcy time limit of fifteen days. Its criterion: the dispute must have been brought in connection with bankruptcy and the application of a provision contained in the bankruptcyPleadings — Part Three · Source page 424
  10. Principle 2525The time limit for appeal. Thirty days for judgments on the merits and fifteen days for urgent matters. Article 141 of the Law of Civil Procedure. - A bankruptcy judgment. The time limit for appealing it is fifteen days Pleadings — Part Three · Source page 424

  11. توقيع محام على صحيفته

    Principle 2526The appeal time limit for all judgments on the merits is 30 days from the date the judgment is issued. Fourth: Appeal procedures:- 1- A lawyer's signature on the appeal petition:-Pleadings — Part Three · Source page 425
  12. Principle 2528An attorney must sign the statement of appeal; otherwise, the statement is void. The basis for this in the Law Regulating the Legal Profession.Pleadings — Part Three · Source page 425
  13. Principle 2529The legislature's prohibition on submitting appeal petitions unless signed by a lawyer. Contravention thereof. Its effect. Nullity, even if not expressly stipulated. - The lawyer signing the appeal petition. He need not Pleadings — Part Three · Source page 425
  14. Principle 2531A lawyer’s signature on the original appeal petition or on its copy. A condition for the admissibility of the appeal. - The allegation, for the first time before the Court of Cassation, that the lawyer’s signature on thePleadings — Part Three · Source page 425
  15. Principle 2532Signature of the statement of appeal by a lawyer. An essential procedural requirement. Its rationale. Failure to comply therewith. Its effect. Nullity of the statement. Article 18 of Law 42 of 1964. There is no conflict Pleadings — Part Three · Source page 426
  16. Principle 2534The rules and procedures applicable to appeals before the Court of Appeal apply to cassation challenges insofar as they do not conflict with the provisions and procedures of cassation challenges. - A lawyer must sign thePleadings — Part Three · Source page 426
  17. Principle 2535The requirement that a lawyer sign the appeal petition. The purpose of this. Omission thereof. Results in absolute nullity. This concerns public policy. - An appeal brought by the Government or a public institution in adPleadings — Part Three · Source page 426
  18. Principle 2536A lawyer admitted before the court must sign the statement of claim in an action whose value exceeds 5,000 dinars, the notice of challenge, and the petition for reconsideration. Failure to do so results in nullity. - FilPleadings — Part Three · Source page 426
  19. Principle 2537The cassation appeal petition or the petition of appeal brought by the Government or a public institution in an administrative action must be signed by a member of the Department of Legal Advice and Legislation. The basiPleadings — Part Three · Source page 427
  20. Principle 2538An appeal petition in a dispute exceeding five thousand dinars in value. It must be signed by a lawyer admitted before the Court of Appeal. The purpose of this. Observance of the provisions of law in its drafting. OmissiPleadings — Part Three · Source page 427

  21. إيداع كفالة الاستئناف

    Principle 2539The petition of an appeal brought by the Government and public institutions against judgments rendered in administrative actions must be signed by a member of the Department of Legal Advice and Legislation. No particularPleadings — Part Three · Source page 427
  22. Principle 2540The requirement to deposit security upon appeal. Its purpose. - Application of the security-deposit requirement to incidental appeals as to principal appeals. - The incidental appellant's failure to deposit the prescribePleadings — Part Three · Source page 427

  23. بيانات صحيفة الاستئناف

    Principle 2541Deposit of security. A condition for the admissibility of an original appeal brought by a petition filed with the court registry. The reason for this. Combating vexatious persistence in litigation. Absence of this reasonPleadings — Part Three · Source page 427
  24. Principle 2542Identification of the appellate court. One of the essential particulars that the statement of appeal must contain. An example concerning the nullity of a statement of appeal for failure to identify the court therein.Pleadings — Part Three · Source page 428
  25. Principle 2546Nullity of the statement of appeal for lacking the particulars required by law concerning the court before which the litigants are required to appear and specification of the hour at which appearance is required. A relatPleadings — Part Three · Source page 428
  26. Principle 2547Ambiguity in the statement of appeal as to the identification of the court before which the challenge is brought and the date fixed for hearing it. Its effect. Its invalidity. The basis for this.Pleadings — Part Three · Source page 428
  27. Principle 2548Nullity of the appeal petition for omitting a statement of the parties' capacities. Relative nullity which may be invoked only by the person for whose benefit nullity was prescribed, even if the subject matter is indivisPleadings — Part Three · Source page 428
  28. Principle 2549Grounds of appeal. Their purpose is to ensure the seriousness of the challenge, not to define its scope. It suffices to state them briefly or to include some of them in the petition, and the appellant may add to them witPleadings — Part Three · Source page 429
  29. Principle 2550The plea of invalidity of service of the judgment. The right to it lapses if it is not raised in the appeal petition, unless there is a right that arose only after the petition was lodged.Pleadings — Part Three · Source page 429
  30. Principle 2551Nullity of an appeal petition for failing to identify the appealed judgment. Not a matter of public policy. It may not be invoked for the first time before the Court of Cassation.Pleadings — Part Three · Source page 429
  31. Principle 2552Omission from the appeal petition of the name of the female owner of the sole proprietorship. When it does not create uncertainty as to her true status and connection with the litigation. The judgment declaring the appeaPleadings — Part Three · Source page 429
  32. Principle 2553Grounds of appeal. Their purpose: ensuring the seriousness of the challenge, not defining its scope. It suffices to set them out briefly or to include some of them in the statement; the appellant may add to them without Pleadings — Part Three · Source page 429
  33. Principle 2554Permissibility of changing the cause of action or adding to it on appeal. - 429 - ProcedurePleadings — Part Three · Source page 429
  34. Principle 2555New claims. They are inadmissible on appeal. The effect thereof. The original claim may be maintained as it stands while its grounds are changed or added to on appeal.Pleadings — Part Three · Source page 430
  35. Principle 2556Grounds of appeal. Stating some of them in the statement is sufficient. The appellant may add to them without being bound by the time limit for appeal or its service, or replace them with others, and the Court of Appeal Pleadings — Part Three · Source page 430
  36. Principle 2557Nullity of a commercial contract concluded by a non-Kuwaiti in breach of the prescribed prohibition. Its nullity does not affect the claiming of his rights on another legal basis, even on appeal. - Equivalent performancePleadings — Part Three · Source page 430
  37. Principle 2559Appeal against the judgment terminating the proceedings. Its effect. Appeal against all previously issued judgments that are not open to challenge pursuant to Article 128 of the Law of Procedure. The condition for this. Pleadings — Part Three · Source page 430
  38. Principle 2560The legislature's requirement that the grounds of appeal be stated in its statement. A guarantee of the seriousness of the challenge, not a delimitation of its scope. It is sufficient for the grounds to appear even in coPleadings — Part Three · Source page 430
  39. Principle 2561A challenge lodged by the party against whom judgment was rendered. Conditions for its admissibility. That he lodge it in the same capacity he held in the same proceedings in which the challenged judgment was rendered. TPleadings — Part Three · Source page 430
  40. Principle 2562Grounds of appeal. Their inclusion of such substantive or legal grounds as the appellant considers would lead to setting aside or varying the judgment appealed against. Stating some grounds of appeal in the appeal petitiPleadings — Part Three · Source page 431

  41. جواز رفع أكثر من استئناف عن حكم واحد أو استئناف واحد عن أكثر من حكم

    Principle 2564The scope of the appeal. Its determining criterion. The appellant's claims set out at the conclusion of the statement of appeal. Consequence: the first-instance court's ruling on matters other than those is deemed final Pleadings — Part Three · Source page 431
  42. Principle 2565A party may supplement his challenge to the judgment with another challenge adding to the preceding one any pleas or defence he omitted, provided that the time limit for challenge remains open. Example concerning an appePleadings — Part Three · Source page 431

  43. إعلان صحيفة الاستئناف وإعادة إعلانها

    Principle 2567An appeal is constituted by depositing its statement with the registry of the Court of Appeal. A clerical error in the date of deposit does not detract therefrom. An example. 6- Service and re-service of the statement ofPleadings — Part Three · Source page 432
  44. Principle 2574Service of the challenge at the elected address. The criterion for its validity. Its designation as the litigant's address in the document serving the judgment. The reason for this.Pleadings — Part Three · Source page 433
  45. Principle 2575Bringing a challenge by appeal. Its procedures. - The invalidity of the procedures for filing an appeal within its prescribed time limit concerns public policy.Pleadings — Part Three · Source page 433
  46. Principle 2576Nullity of service of the appeal at the workplace before the issuance of Decree-Law 55 of 1979 AD. An example of a judgment tainted by defective inference and error in applying the law concerning invalid service.Pleadings — Part Three · Source page 433
  47. Principle 2577Service of an appeal upon the Public Prosecution. When recourse thereto is valid. - 433 - ProcedurePleadings — Part Three · Source page
  48. Principle 2578The appeal petition must be re-served on a person who was not served personally and did not attend the hearing scheduled for its consideration. Contravention of that. Its effect. Nullity of the judgment.Pleadings — Part Three · Source page
  49. Principle 2579Service of the statement of claim upon a person with a known place of residence abroad. How it is completed.Pleadings — Part Three · Source page
  50. Principle 2580An appeal is deemed brought from the date its petition is deposited with the registry. The effect thereof on a plea of nullity of its service.Pleadings — Part Three · Source page
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