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

Search this collection

  1. - إجراءات التنفيذ

    Principle 3772The Judicial Judgments Enforcement Department. Its constitution. Article 189 of the Civil Procedure Law. - Enforcement of judgments. Among its requirements: the person against whom enforcement is directed must be the judPleadings — Part Three · Source page 651
  2. Principle 3773Enforcement proceedings. May be conducted only against the judgment debtor. - A foreign judgment, even if it has the force of res judicata. Its enforcement in Kuwait may not be ordered except through the procedures and sPleadings — Part Three · Source page 652
  3. Principle 3774The Director of the Enforcement Department—or his substitute—may issue non-contentious orders in cases specified by the legislature. A non-contentious order rejecting an application to attach real property. A grievance aPleadings — Part Three · Source page 652
  4. Principle 3775An objection to the validity of notice of sale by auction. It must precede the hearing fixed for sale by three days. Grounds of nullity concerning procedures preceding the sale hearing and objections to the conditions ofPleadings — Part Three · Source page 652
  5. Principle 3776The attaching creditor's obligation to serve the attachment record and the order authorizing it on the person whose property is attached within eight days of its execution—unless previously served—and to bring an action Pleadings — Part Three · Source page 652
  6. Principle 3777Judgments and decisions that may be provisionally enforced are enforced at the sole responsibility of the applicant for enforcement. The judgment creditor’s failure to wait and his proceeding to enforce the judgment withPleadings — Part Three · Source page 653
  7. Principle 3778A dispute over the validity or invalidity of compulsory sale procedures. An indivisible subject matter. The judgment awarding the sale is issued in favour of the purchaser to whom the auction was awarded. A ruling declarPleadings — Part Three · Source page 653

  8. - التنفيذ الجبري والسندات التنفيذية

    Principle 3780Judgments susceptible to compulsory enforcement. Their nature. - Judgments declaring or creating a right or legal status. They are not judgments susceptible to compulsory enforcement.Pleadings — Part Three · Source page 653
  9. Principle 3781An order imposing a precautionary attachment. Its conditions. The attaching creditor’s debt must be certain in existence and due for payment. - 653 - ProcedurePleadings — Part Three · Source page 653
  10. Principle 3782Attachment in the hands of the Government. Its declaration of what it owes. Its manner. - Exclusive entitlement of attaching creditors, and whoever is deemed a party to the proceedings, to the proceeds of enforcement up Pleadings — Part Three · Source page 654
  11. Principle 3783A person who must begin performing his obligation before the other may not plead the other's non-performance of his obligation.Pleadings — Part Three · Source page 654
  12. Principle 3784The defence of non-performance. The condition for invoking it. Its limitation by necessity and custom. The implication thereof.Pleadings — Part Three · Source page 654
  13. Principle 3785The contracting parties in reciprocal obligations due for performance. Each may plead non-performance of his obligation and retain what he holds if the other contracting party refrains from performing his obligation.Pleadings — Part Three · Source page 654

  14. - تنفيذ الأحكام

    Principle 3786A shareholder in a joint-stock company. His right is in the nature of a right of ownership. He may pay one-fifth of the price of the shares upon subscription and pay the remainder within five years from the date of the dPleadings — Part Three · Source page 654
  15. Principle 3787The condition of reciprocal treatment, or the principle of reciprocity, was adopted by the Kuwaiti legislature in enforcing a foreign judgment as a judgment for the appeal of a new action. Article 276 of the former CivilPleadings — Part Three · Source page 654
  16. Principle 3788Referral of the debtor to the Institution for Settlement of Share Transactions. Does not prevent his creditors whose debts are unrelated to transactions in company shares concluded on deferred terms from resorting to thePleadings — Part Three · Source page 654
  17. Principle 3789Referral of the debtor to the Institution for Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms. Its effect. A creditor whose debt does not relate to these transactions has the right to obPleadings — Part Three · Source page 655
  18. Principle 3790Application for recognition or enforcement of a judgment pursuant to Decree-Law No. 96/77 ratifying the Agreement on Legal and Judicial Cooperation between Kuwait and Egypt. The documents necessary for this.Pleadings — Part Three · Source page 655
  19. Principle 3791Referral of the debtor to the Institution for Settlement of Transactions Relating to Company Shares Conducted on a Deferred Basis. Does not prevent an unsecured creditor from obtaining a judgment for his debt. The effectPleadings — Part Three · Source page 655
  20. Principle 3792The deposit or bank guarantee lodged by the ship’s agent with a bank pursuant to Article 139 of the Maritime Commerce Law. Is prescribed to secure enforcement of judgments rendered against the maritime carrier in actionsPleadings — Part Three · Source page 655
  21. Principle 3793Civil and commercial judgments rendered after Law No. 100/83 came into force against persons referred to - 655 - Civil Procedure the Shares Corporation: their enforcement is stayed until their cases are determined pursuaPleadings — Part Three · Source page 655
  22. Principle 3794Production of the arbitration clause. A necessary procedure for enforcement of foreign arbitral awards. Production of the award does not suffice, even if it refers to the arbitration clause.Pleadings — Part Three · Source page 656
  23. Principle 3796Jurisdiction of the court that issued the foreign judgment sought to be enforced pursuant to the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. The criterion for dPleadings — Part Three · Source page 656
  24. Principle 3798A request to partition jointly owned property or dispose of it in a manner inconsistent with the purpose for which it was designated. This does not preclude enforcement of the receivership judgment by delivering the propPleadings — Part Three · Source page 656
  25. Principle 3799The person having an interest in requesting the affixing of the executory formula to a criminal judgment containing a ruling on a civil matter or for restitution, compensation, or costs. What is and is not required of hiPleadings — Part Three · Source page 656
  26. Principle 3800A creditor’s taking compulsory enforcement measures against his debtor’s assets pursuant to a judgment having the force of res judicata. Is his right and does not give rise to his liability so long as he observes the proPleadings — Part Three · Source page 656
  27. Principle 3801The judgment must indicate whether it was issued in a commercial matter so that the enforcement officer can ascertain whether or not it is provisionally enforceable. Scope: judgments issued by courts of first instance. TPleadings — Part Three · Source page 657
  28. Principle 3802The judgment rendered on an application for a stay of enforcement. It lapses upon issuance of the judgment on the merits of the action.Pleadings — Part Three · Source page 657
  29. Principle 3804Judgments that may be challenged by appeal. They may not be compulsorily enforced unless provisional enforcement is provided for by law or ordered in the judgment. The challenged judgment's contravention of this. A violaPleadings — Part Three · Source page 657
  30. Principle 3805Department for the Enforcement of Judicial Judgments. Its composition. Article 189 of the Procedure Law. - Enforcement of judgments. Among its requirements. The person against whom enforcement is directed must be the judPleadings — Part Three · Source page 657
  31. Principle 3806Enforcement of an annulment judgment. Its requirement. Elimination of the annulled decision and erasure of its effects from the time of its issuance and to the extent determined by the judgment. The judgment must be enfoPleadings — Part Three · Source page 658
  32. Principle 3807The order prohibiting prohibition of travel. Its lapse upon extinction of the obligation for any reason. Passage of three years from the last valid measure for enforcement of the final judgment for the debt without the cPleadings — Part Three · Source page 658
  33. Principle 3808An appellate judgment reversing a provisionally enforceable first-instance judgment and dismissing the action. Is capable of compulsory enforcement to remove the effects of the first-instance judgment. Its implication: tPleadings — Part Three · Source page 658
  34. Principle 3809The wife’s entitlement to maintenance of all kinds, including housing rent, from her husband in return for her confinement for his right and benefit. Her entitlement thereto lapses upon proof of her refusal to comply witPleadings — Part Three · Source page 658
  35. Principle 3811The award of the auction in a compulsory sale. Its effect. Transfer of ownership of the thing sold from the debtor or possessor to the successful bidder in consideration of the price he paid. The auction purchaser has noPleadings — Part Three · Source page 659
  36. Principle 3812Judgments subject to appeal. They may not be compulsorily enforced unless expedited enforcement is provided for by law or ordered in the judgment. The challenged judgment's departure from this. A violation of the law andPleadings — Part Three · Source page 659
  37. Principle 3814Attachment of the debtor's property held by third parties. The attachment document not containing a copy of the judgment or enforceable instrument pursuant to which the attachment is levied, or the judge's permission forPleadings — Part Three · Source page 659
  38. Principle 3815Completion of the prescribed attachment procedures. Does not, of itself, remove the attached property from the ownership of the person against whom attachment is levied. Its implication. Attachment is a preliminary step Pleadings — Part Three · Source page 659

  39. - تنفيذ الأحكام الأجنبية وما في حكمها

    Principle 3817Application for recognition or enforcement of a foreign judgment. The documents necessary for this. Decree-Law No. 96/77 ratifying the Agreement on Legal and Judicial Cooperation between Kuwait and Egypt.Pleadings — Part Three · Source page 660
  40. Principle 3818Submission of the arbitration clause. A necessary procedure for enforcing foreign arbitral awards; submission of the award does not suffice, even if it refers to the arbitration clause.Pleadings — Part Three · Source page 660
  41. Principle 3819Regulation of the practice of ship agency under the Maritime Commerce Law. Its purpose is to enable interested persons to enforce judgments obtained by them against foreign carriers. This regulation does not affect the pPleadings — Part Three · Source page 660
  42. Principle 3821The foreign judgment whose enforcement is sought under the provisions of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. When it is considered to have been rendPleadings — Part Three · Source page 661
  43. Principle 3822The State of Kuwait’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Decree-Law 10 of 1978. Its intended purpose. The scope of application of the procedural rules follPleadings — Part Three · Source page 661
  44. Principle 3823The documents that an applicant for enforcement of a foreign arbitrator’s award must submit under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The effect of submitting those docuPleadings — Part Three · Source page 661
  45. Principle 3824A foreign judgment, even if it has acquired the force of res judicata. Has no enforceable force in Kuwait unless granted that force by the Kuwaiti courts pursuant to Article 199 of the Civil Procedure Law.Pleadings — Part Three · Source page 661
  46. Principle 3825An application for enforcement of a foreign judgment is not a level of litigation and is not a challenge to that judgment. The judge may not examine the merits, and the applicant is not required to attach a certificate sPleadings — Part Three · Source page 661
  47. Principle 3826A foreign judgment has no executory force in Kuwait, even if it has acquired the force of res judicata, unless granted that force by the Kuwaiti courts in accordance with the law. Example.Pleadings — Part Three · Source page
  48. Principle 3827Judgments and orders rendered in a foreign country. They may be enforced in Kuwait under the same conditions prescribed in the law of that country for enforcing judgments and orders rendered in Kuwait. The application isPleadings — Part Three · Source page
  49. Principle 3828An application to enforce a judgment issued in a foreign state. Is neither a level of litigation nor an appeal against the judgment. - The competent judicial authority in the state where enforcement is sought may not exaPleadings — Part Three · Source page
  50. Principle 3829Judgments and orders issued in a foreign country. Their enforcement in Kuwait. Its condition: it must be on the same conditions prescribed in that country’s law for enforcement of judgments issued in Kuwait, that is, subPleadings — Part Three · Source page
PreviousPage 65 of 75Next