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- تنفيذ الأحكام الأجنبية وما في حكمها
Principle 3831The provision of Article 20 of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. Its implication. The competent judicial authority in the State where recognition Pleadings — Part Three · Source page 662- Principle 3832A judge’s ratification of a settlement. A purely non-contentious act. Falls outside the scope of judicial judgments. The reason therefor. - Recourse to the Court of First Instance for an order enforcing judgments and ordPleadings — Part Three · Source page 663
- Principle 3835Affixing the executory formula to judgments sought to be enforced in the State of Kuwait. Its condition. Example.Pleadings — Part Three · Source page 664
- Principle 3836Judgments and orders issued in a foreign country. They may be enforced in Kuwait under the same conditions prescribed in the law of that country for enforcement of judgments and orders issued in Kuwait. An application foPleadings — Part Three · Source page 664
- Principle 3837A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it contain nothing contrary to morals or public policy. The criterion in this regard is Kuwaiti law. The rationale therefor. - A forPleadings — Part Three · Source page 664
- تنفيذ أحكام المحكمين
Principle 3838Judgments and orders issued in a foreign country. May be enforced in Kuwait under the same conditions prescribed in that country's law for enforcement of judgments and orders issued in Kuwait. An application for an enforPleadings — Part Three · Source page 665- تنفيذ أحكام المحكمين الأجنبية
Principle 3842A judicial claim. A procedure directed to the court against the defendant, by which the scope of the action is defined for the litigants or the judge. The court’s obligation to adhere to that scope when deciding the actiPleadings — Part Three · Source page 665- Principle 3843Documents that the applicant for enforcement of a foreign arbitral award must submit. Effect of submitting them. Establishment of a legal presumption in his favour as to the validity and enforceability of the court judgmPleadings — Part Three · Source page 666
- Principle 3844The State of Kuwait’s accession, with a reservation, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards drawn up in New York. Its implication: its provisions become a law of the State. The juPleadings — Part Three · Source page 666
- Principle 3846The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each Contracting State recognizes the binding force of the arbitral award and orders iPleadings — Part Three · Source page 666
- Principle 3847Foreign arbitral award. The enforcement applicant's following the litigation procedures required to obtain an order enforcing the award and submitting the documents stipulated in Article Four of the New York Convention. Pleadings — Part Three · Source page 667
- أوامر حبس المدين
Principle 3849Issuance of an order imprisoning the debtor. Its conditions. Absence of one of them. Its effect. - The debtor’s ability to pay and the creditor’s proof thereof. Among the conditions for an imprisonment order.Pleadings — Part Three · Source page 667- Principle 3850The Director of the Enforcement Department or the Deputy President of the Court of First Instance. Has authority to issue an order on petition imprisoning a debtor who refuses to comply with a final judgment or final payPleadings — Part Three · Source page 667
- الأمر بإحضار المدين "طبيعته"
Principle 3851Imprisonment of a debtor who defaults on payment of the debt. Its condition. That the right be established by a final judgment or final payment order. The reason for this. - An order to bring the debtor before the court,Pleadings — Part Three · Source page 668- أوامر المنع من السفر "لا تعد من أدوات التنفيذ"
Principle 3853Travel ban order. Procedures for obtaining it. Submission of a petition by the interested person to the Enforcement Department where serious grounds exist for believing that the debtor will flee despite his ability to paPleadings — Part Three · Source page 668- Principle 3854A travel ban. Is not considered an enforcement instrument. Assessment of the grounds for obtaining the order and the grounds for a grievance against it. A matter of fact. Within the independent competence of the judge isPleadings — Part Three · Source page 668
- التنفيذ بموجب محضر موقع من ذوي الشأن والموظف المختص بإدارة التنفيذ
Principle 3857Considering a notarised instrument an enforceable instrument. Meaning: the creditor may compulsorily enforce the obligations established therein against the debtor without recourse to the courts to obtain a judgment ordePleadings — Part Three · Source page 669- Principle 3858Objections by interested persons to the provisional distribution list prepared by the Director of the Enforcement Department. Are recorded in the hearing minutes. The grounds of objection may be presented in a detailed mPleadings — Part Three · Source page 669
- التنفيذ على الأسهم (أسهم الاكتتاب)
Principle 3859Facilities for which corresponding provisions are available with the entities selling their debts. Their exclusion from the debts that the Central Bank must purchase. The reason therefor. They are characterized by limitePleadings — Part Three · Source page 670- Principle 3860The arbitral tribunal for disputes concerning company shares transacted on deferred terms. Its jurisdiction ends with issuing the final binding award on the merits of the dispute. Enforcement of the award. Subject to thePleadings — Part Three · Source page 670
- الحجز على سكن المدين الكويتي (شرطه)
Principle 3862Suspensive condition. Its import. Its effect on the creditor's right to take enforcement measures to demand compulsory satisfaction of his right.Pleadings — Part Three · Source page 671- التنفيذ على أموال المدين
Principle 3863The debtor’s assets. The general rule is that they may be attached except for what is exempted by a special provision. - The private dwelling necessary for the residence of the Kuwaiti debtor and his family may not be atPleadings — Part Three · Source page 671- Principle 3864Legal rules considered matters of public order. Their nature. Conditions for considering them as such. An example of what is not considered a matter of public order. The provisions of Law 41 of 1993, as amended. Their abPleadings — Part Three · Source page 671
- التنفيذ على ما للمدين لدى الغير (الحجز التحفظي)
Principle 3865Imprisonment of a debtor who refuses to comply with a final judgment or final payment order despite being able to pay. Its procedures and conditions. Absence of any of these conditions. Its necessary consequence. RefrainPleadings — Part Three · Source page 671- Principle 3866Attachment of a debtor’s assets held by a third party. Its condition. The attachment applicant’s right must be established by an apparent ground - 671 - Civil Procedure indicating its existence. Assessment of the existenPleadings — Part Three · Source page 671
- Principle 3867Precautionary attachment of the debtor’s assets held by third parties. Fear that the creditor will lose the security for his right is not a condition for imposing it, unlike precautionary attachment of the debtor’s movabPleadings — Part Three · Source page 672
- Principle 3868The judge's authorization to attach the debtor's assets held by a third party. Requires that the attachment applicant's right be established on an apparent basis indicating its existence. Assessment of that existence. WiPleadings — Part Three · Source page 672
- Principle 3869Permission to attach the debtor's property held by third parties. Requirements for its issuance. Example.Pleadings — Part Three · Source page 672
- Principle 3870The preferential lien for subcontractors' debts against the employer where claims compete. The necessity of obtaining a judgment establishing the right or attaching the contractor's assets held by the employer so that thPleadings — Part Three · Source page 672
- جزاء عدم التقرير بما في الذمة
Principle 3872The garnishee’s failure to declare what he owes the debtor. Its effect. He may be ordered to pay the amount for which the attachment was imposed to the creditor who has obtained an enforceable instrument for his debt. ThPleadings — Part Three · Source page 672- الدعوى بصحة الحجز
Principle 3873Imposition of the sanction prescribed in Article 237 of the Civil Procedure Law, requiring the garnishee to pay the attaching creditor’s debt for committing one of the acts exhaustively specified therein. Discretionary fPleadings — Part Three · Source page 673- Principle 3874An attachment is valid only within the limits of the amount awarded to the attaching creditor, regardless of the amount for which the attachment was initially imposed. An example.Pleadings — Part Three · Source page 673
- التنفيذ على راتب الموظف أو ما يعادله
Principle 3875The creditor's right to attach the debtor's assets to satisfy the creditor's rights. Arises primarily from those rights. Cases in which obtaining an order from the judge of interim matters is required for attachment to bPleadings — Part Three · Source page 673- Principle 3876An employee suspended from work because of his imprisonment in execution of a judicial judgment. When he is deprived of his entire salary: if the imprisonment is in execution of a final judgment. In the case of a non-finPleadings — Part Three · Source page 673
- Principle 3877Deduction from or attachment of an employee's salary. Impermissible except to satisfy court-awarded maintenance, to pay sums owed by him to the Government by reason of performing his duties, or to recover sums unduly paiPleadings — Part Three · Source page 674
- العرض والإيداع
Principle 3878Clarity of the wording of the provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason therefor. Not introducing a rule contrary to the legislature’s intent. - The three casesPleadings — Part Three · Source page 674- التنفيذ على العقار
Principle 3879Formal tender of a debt that cannot be delivered to the creditor at his domicile or place of work, or cannot readily be transported except with difficulty. It is effected by the debtor calling upon his creditor, through Pleadings — Part Three · Source page 674- Principle 3880An incidental ownership action is brought by a third party during enforcement proceedings, seeking entitlement to all or part of the real property subject to enforcement and invalidation of the enforcement proceedings. IPleadings — Part Three · Source page 675
- Principle 3881A request to partition commonly owned property or dispose of it in a manner inconsistent with the purpose for which it was designated. This does not prevent enforcement of the receivership judgment by delivering the propPleadings — Part Three · Source page 675
- Principle 3882Application to stay enforcement proceedings against real property. An interim enforcement dispute. Competence to hear it. The judge of urgent matters and the court hearing the merits if brought before it incidentally. ThPleadings — Part Three · Source page 675
- Principle 3883The possessor in real-property enforcement who must be served with a copy of the application to attach the property. Is the person to whom ownership of the attached property passed on a date preceding registration of thePleadings — Part Three · Source page 675
- Principle 3884The particulars required for an application to attach real property. Presentation of those particulars in a manner revealing the identity of the property and eliminating doubt concerning it. Its sufficiency.Pleadings — Part Three · Source page 675
- Principle 3885An incidental ownership action. An action brought by a third party during enforcement proceedings seeking entitlement to all or part of a property and, consequently, seeking the invalidation of the enforcement proceedingPleadings — Part Three · Source page 675
- Principle 3886The person entrusted with conducting the procedures for selling real property, monitoring their regularity, and undertaking the bidding procedures. Is - 675 - Civil Procedure the sales judge. - Calling out the sale. Its Pleadings — Part Three · Source page 675
- Principle 3887Appeal against the judgment awarding the auction sale. When permissible. For a defect in the bidding procedures or in the form of the judgment, or because it was rendered without staying the proceedings in a case where tPleadings — Part Three · Source page 676
- Principle 3888Treating the real property that the creditor applies to attach as attached. Its condition. The creditor must submit an attachment application, and an enforcement officer must proceed to the Real Estate Registration and NPleadings — Part Three · Source page
- Principle 3889Conducting bidding procedures and selling real property. Entrusted to the sales judge. Calling out the sale. Considered a procedure to inform those present of the commencement of the hearing. The judgment awarding the auPleadings — Part Three · Source page
- Principle 3890Conducting the procedures for sale of real property, monitoring their regularity, and conducting the auction. Are entrusted to the sales judge. Calling the sale. A procedure intended to notify those present at the hearinPleadings — Part Three · Source page
- Principle 3892Notarised instruments are enforceable instruments pursuant to which enforcement may be carried out. - Appeal against a judgment awarding an auction sale. Its cases. Invalidity of the procedures preceding the sale hearingPleadings — Part Three · Source page
- Principle 3893Notarized instruments. Enforceable instruments pursuant to which enforcement may be carried out. Article 190, Civil Procedure. - Appeal against a judgment awarding an auction sale. Its cases. Article 277, Civil ProcedurePleadings — Part Three · Source page