المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. - أوامر الأداء

    Principle 3512Conditions for recourse to the payment order procedure. Their nature. The ordinary procedure for bringing an action must be followed if any of those conditions is absent. Example.Pleadings — Part Three · Source page 597
  2. Principle 3513Resorting to the payment-order procedure. Its condition. The debt must be a sum of money evidenced in writing, due for payment and fixed in amount. Absence of any of these conditions. Its effect. Following the ordinary pPleadings — Part Three · Source page 597
  3. Principle 3514Obtaining a payment order. Its condition. That the debt be a sum of money established in writing, of a specified amount, and due for payment. Absence of any of these conditions. Its effect. Recourse thereto is impermissiPleadings — Part Three · Source page 597
  4. Principle 3515A grievance against a payment order and a judgment revoking it for a reason unrelated to the petition for its issuance or based on the absence of one of its substantive conditions. Its effect. The court must not stop at Pleadings — Part Three · Source page 597
  5. Principle 3516Reversal of the judgment issued on a grievance against a payment order for a reason unrelated to the petition for obtaining it or on the basis of the absence of one of the conditions necessary for its issuance. ConsequenPleadings — Part Three · Source page 598
  6. Principle 3517Issuance of a payment order. Its condition: the creditor must demand that the debtor discharge the obligation 5 days before submitting the petition for a payment order. Contravention thereof or invalidity of the demand. Pleadings — Part Three · Source page 598
  7. Principle 3518Pursuing the payment-order procedure. Its condition. The debt claimed must be a sum of money established in writing, of a specified amount and due for payment, or movable property specified by its kind and quantity. The Pleadings — Part Three · Source page 598
  8. Principle 3519Claiming a debt established by a commercial instrument where the person against whom the claim is made is the drawer, maker, acceptor, or aval guarantor of any of them. How this is done. Recourse to the payment order proPleadings — Part Three · Source page 598
  9. Principle 3520A grievance against a payment order and its annulment because of a defect in one of the formal conditions. Its effect. Treating it as though it had never existed, with the court stopping there and not proceeding to deterPleadings — Part Three · Source page 598
  10. Principle 3521Service of the payment order petition and the order issued thereon, which starts the period for challenging it. Its condition. It must be directed to the debtor personally or at his original domicile or workplace, not hiPleadings — Part Three · Source page 599
  11. Principle 3523A grievance against a payment order. Its effect. Bringing the dispute before the court hearing the grievance for a fresh determination on its merits. The condition for this. The procedures for requesting the payment ordePleadings — Part Three · Source page 599
  12. Principle 3525Following the payment-order route. Its condition. That the debt be a sum of money established in writing, of a specified amount and due for payment, or movable property specified by kind and quantity. The debt claimed bePleadings — Part Three · Source page 599
  13. Principle 3526A grievance against a payment order and a judgment revoking it for a reason unrelated to the petition for its issuance but based on the absence of one of its substantive conditions. Its effect: the court must not stop atPleadings — Part Three · Source page 600
  14. Principle 3528Service of judicial documents on the Public Prosecution. An exception. Resorting to it. Its condition: conducting sufficient inquiries to ascertain the residence of the person to be served. The return of the document unsPleadings — Part Three · Source page 600
  15. Principle 3529The time limit for a grievance against a payment order. Its running from the date of its service on the debtor. Calculation of the period for forfeiture of the right to lodge a grievance from that date. A grievance by thPleadings — Part Three · Source page 600
  16. Principle 3530The appellant bank's right to calculate statutory interest on the balance debt from the date it obtained the payment order, which is a date subsequent to cessation of payment of the remainder of the 2 loans and closure oPleadings — Part Three · Source page 600

  17. أوامر ولائية

    Principle 3531Payment orders. The legislature placing them on the same footing as default judgments. The necessary consequence: they must be served upon the debtor personally or at his original domicile or place of work. Articles 129,Pleadings — Part Three · Source page 601
  18. Principle 3532A challenge to an order assessing judicial fees. It must state reasons. The reason for this. Informing the respondent to the challenge of the reasons upon service of the statement, so that the refusing party prepares to Pleadings — Part Three · Source page 605
  19. Principle 3533The event giving rise to the Treasury's right to collect judicial fees due is the submission of the statement of claim to the court. The means by which the Registry Department claims them is to apply to the presiding judPleadings — Part Three · Source page 605
  20. Principle 3534An order imprisoning the debtor. Conditions for its issuance. - A debtor that is a private legal person. The application for an order for its imprisonment is directed against the person to whom the refusal to comply withPleadings — Part Three · Source page 605
  21. Principle 3535Assessment of the grounds for issuing an order imprisoning the debtor and the grounds of grievance against it. A matter for the court of the merits. Its criterion. The order or judgment on the grievance being based on grPleadings — Part Three · Source page 605
  22. Principle 3536An order prohibiting the debtor from travel. Conditions for its issuance. Assessment of the existence of these conditions. A question of fact determined independently by the trial court, provided it is reasonable.Pleadings — Part Three · Source page 605
  23. Principle 3538An order imprisoning the debtor upon his refusal to comply with a final judgment. Its condition. Establishment of his ability to pay. - 605 - Civil ProcedurePleadings — Part Three · Source page 605
  24. Principle 3539An order imprisoning a debtor for refusing to comply with a final judgment or a final payment order. By whom it is issued and the conditions for its issuance. The authority of the person issuing the order to conduct an iPleadings — Part Three · Source page 606
  25. Principle 3540The grounds for issuing a travel ban order and assessment of the grounds of a grievance against it. Within the authority of the judge issuing the order and, thereafter, the court hearing the grievance.Pleadings — Part Three · Source page 606
  26. Principle 3541The judgment rendered on a grievance against an order assessing an attorney’s fees. Its non-challengeability. Its condition. Issuance of the order through the non-contentious procedure. - Assessment of an attorney’s feesPleadings — Part Three · Source page 606
  27. Principle 3542An arrest and production order issued by the Director of the Enforcement Department. A non-contentious order to hear the statements of the person against whom it is issued in order to ascertain the reason for his refusalPleadings — Part Three · Source page 606
  28. Principle 3543The judgment's basing its ruling not on the invalidity of the payment order petition but on the applicant's lack of standing to recover the debt for which the order was issued. The ground of challenge concerning the invaPleadings — Part Three · Source page 606
  29. Principle 3544The creditor must demand that the debtor discharge the obligation five days before obtaining a payment order; otherwise, the judge must refrain from issuing the order. His issuance of the order despite the absence of thePleadings — Part Three · Source page 606
  30. Principle 3545An order prohibiting the debtor from traveling. Its two conditions and the burden of proving them. Assessment of the grounds for issuing it and the grounds of grievance against it belongs to the trial judge and thereaftePleadings — Part Three · Source page 607
  31. Principle 3546The sufficiency of the judgment's conclusion as a basis for refusing to issue an order prohibiting the debtor from travel. Criticizing it on the ground that the debt is covered by the Law on the State's Purchase of DiffiPleadings — Part Three · Source page 607
  32. Principle 3547An order authorising attachment of the debtor's assets held by third parties. Its two conditions. The debt must be established as existing and due for payment. The judge issuing the order, and subsequently the court hearPleadings — Part Three · Source page 607
  33. Principle 3548Disputes concerning eviction orders issued on petition by the judge of temporary matters pursuant to Decree-Law 8/1991. Their exclusion from the litigation rules and procedures provided for in Article 26 of Law 35/1978. Pleadings — Part Three · Source page 607
  34. Principle 3549An order prohibiting the debtor from travelling. The conditions for its issuance. Assessment of whether these conditions are or are not satisfied falls within the power of the court of merits.Pleadings — Part Three · Source page 607
  35. Principle 3550The authority of the court hearing a grievance against a payment order, upon setting it aside, to proceed to determine the dispute. Its cases.Pleadings — Part Three · Source page 607
  36. Principle 3551Following the payment order procedure. Its conditions: a claim for a sum of money established in writing, specified in amount, and due for payment, or for a movable specified by kind and quantity. A debt unspecified in aPleadings — Part Three · Source page 607
  37. Principle 3553An order prohibiting the debtor from travel. Its grounds. Assessment of their existence lies within the authority of the judge issuing the order and thereafter the court hearing the grievance.Pleadings — Part Three · Source page 608
  38. Principle 3554The person having an interest in requesting that the executory formula be affixed to a criminal judgment containing a ruling on a civil matter or ordering restitution, compensation, or costs. What is and is not required Pleadings — Part Three · Source page 608
  39. Principle 3555A judge's issuance of a judgment recording the acknowledgments of the persons concerned or their agreement constitutes an act of the court's non-contentious jurisdiction, subject to the form prescribed for judgments but Pleadings — Part Three · Source page 608
  40. Principle 3556Precautionary attachment. Its purpose. - An order imposing precautionary attachment. Its conditions. The attaching creditor's debt must be certain in existence and due for payment. Example.Pleadings — Part Three · Source page 608
  41. Principle 3557Permission issued by the judge of interim matters to attach the debtor's property held by third parties. Its conditions. Assessment of the existence of the attaching creditor's right. A matter of fact independently deterPleadings — Part Three · Source page 608
  42. Principle 3558Following the payment order procedure. Its conditions. - Absence of a written document evidencing the debt claimed and inclusion in the claim of interest not established in writing and whose accrual commencement is unspePleadings — Part Three · Source page 608
  43. Principle 3561The decision issued by the bankruptcy court authorizing the Kuwait Investment Authority to sell the assets of the bankruptcy estate without determining a judicial dispute or litigation in the legal sense. A non-contentioPleadings — Part Three · Source page 609
  44. Principle 3562The court of first instance ruling that an action is inadmissible for reasons relating to its merits. It thereby exhausts its jurisdiction. Its implication: the Court of Appeal ruling to reverse it. It must proceed to dePleadings — Part Three · Source page 609
  45. Principle 3563Permissibility of the Director of the Enforcement Department—or his substitute—issuing non-contentious orders in cases specified by the legislature. A non-contentious order refusing an application for attachment. PermissPleadings — Part Three · Source page 609
  46. Principle 3565Travel-ban orders. The person against whom an order is issued may lodge a grievance against it either before the Court of First Instance, before the same judge who issued the order, or before another judge of interim matPleadings — Part Three · Source page 610
  47. Principle 3566The jurisdiction of the civil circuit of the Court of Appeal in the absence of a written agreement on lawyers’ fees or where the agreement is void. A judicial act resolving the dispute between the lawyer and the client oPleadings — Part Three · Source page
  48. Principle 3568The decision issued by the bankruptcy court authorizing the Public Investment Authority to sell the assets of the bankruptcy estate without determining a judicial dispute or proceedings in the legal sense. A non-contentiPleadings — Part Three · Source page
  49. Principle 3569A grievance against a travel-ban order. How it is brought. Either to the judge issuing the order or before the court competent to hear the original action. Issuance of the travel-ban order by the Director of the EnforcemPleadings — Part Three · Source page
  50. Principle 3573The capacity required for an agreement to arbitrate is the capacity to dispose. This condition must be satisfied by the principal. A representative may conclude an arbitration agreement with special authorization.Pleadings — Part Three · Source page
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