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. - التنفيذ على العقار

    Principle 3894A final judgment. It is a judgment having the force of res judicata because it is not subject to challenge by ordinary means of appeal, even if challenged by cassation or a petition for reconsideration. Article 273, CiviPleadings — Part Three · Source page 677
  2. Principle 3895Conducting bidding procedures and selling the real property, assessing the costs of enforcement proceedings, including payment for - 677 - Procedure lawyers' fees, and giving notice of this assessment before bidding openPleadings — Part Three · Source page 677
  3. Principle 3896The plaintiff's request in an original ownership action brought before the commencement of enforcement and sale proceedings, in addition to seeking confirmation of his ownership of the real property, for a judgment that Pleadings — Part Three · Source page 678

  4. - تنفيذ القرارات الإدارية

    Principle 3897A request for a judgment declaring entitlement to the disputed property, the unenforceability against him of the judgment issued in sale actions, and the nullity of enforcement proceedings against that property, based onPleadings — Part Three · Source page 678
  5. Principle 3898The administrative authority may enforce administrative decisions directly without a judicial judgment, according to the requirements of the public interest. It is subject to judicial oversight in doing so. It may resortPleadings — Part Three · Source page 678
  6. Principle 3899The administration's refusal to take a decision required by a law or regulation. Is deemed an administrative decision. Its silence regarding a decision which the law leaves entirely to its discretion. Does not constitutePleadings — Part Three · Source page 678
  7. Principle 3900If the basis of the enforcement objection is an interim measure, jurisdiction to hear it lies with the judge of interim matters. Otherwise. Jurisdiction to hear it lies with the competent court in light of the rules of jPleadings — Part Three · Source page 679
  8. Principle 3901The enforcement officer may stay enforcement or proceed with it provisionally until the enforcement objection is determined. Article 212 of the Civil Procedure Law.Pleadings — Part Three · Source page 679
  9. Principle 3902The administrative authority's right to enforce its administrative decisions directly. Its enjoyment of this exceptional privilege within the scope of exercising its administrative function without needing to resort to tPleadings — Part Three · Source page 679

  10. - توزيع حصيلة التنفيذ

    Principle 3904The court's determination of the substantive right without provisionally determining the interim application pending determination of the merits of the action. A challenge on this ground. Ineffectual. - 679 - Procedure -Pleadings — Part Three · Source page 679
  11. Principle 3905Attaching creditors. When they and those considered parties to the proceedings are exclusively entitled to the proceeds of enforcement.Pleadings — Part Three · Source page 680
  12. Principle 3906The privilege attaching to amounts due to the Public Treasury in taxes, fees, and other dues. Their ranking. Second in rank after the privilege for judicial expenses. - The privileged right and the property subject to thPleadings — Part Three · Source page 680

  13. - استحالة التنفيذ

    Principle 3907The general rule is that the attaching creditor does not alone have exclusive entitlement to the enforcement proceeds; rather, those who attach after him share therein. The condition for this: the later attachment must pPleadings — Part Three · Source page 680
  14. Principle 3909The debtor’s obligation. Its extinction if, after it arises, something occurs that makes its performance impossible due to an external cause such as force majeure. It is immaterial whether the impossibility is legal or fPleadings — Part Three · Source page 680
  15. Principle 3910Unforeseen event. Its nature. Its scope. Its conditions. Its effect on suspending performance of contracts. Example concerning the Iraqi invasion as an unforeseen event and its effect on invoking the cancellation of statPleadings — Part Three · Source page 681
  16. Principle 3911Impossibility of performance by which an obligation is extinguished. The meaning of absolute impossibility. Its determination. Within the power of the court of the merits.Pleadings — Part Three · Source page 681

  17. - إدارة التنفيذ

    Principle 3912Factual or legal impossibility of performing an obligation required to be performed at a specified time, throughout the time for its performance, as a result of force majeure. Its effect. Its extinguishment without the dPleadings — Part Three · Source page 681
  18. Principle 3913Interest is the practical benefit accruing to the claimant from a judgment granting what the claimant seeks. - An arrest and production order issued by the Director of the Enforcement Department. An order issued in non-cPleadings — Part Three · Source page 681
  19. Principle 3914The Execution Department. Its competence over all execution acts. Necessary consequence. Payment of the debt in respect of which an order to arrest and bring in the debtor was issued, or its deposit in the Execution DepaPleadings — Part Three · Source page 681

  20. - إعلان السند التنفيذي

    Principle 3915A judgment obliging the Enforcement Department to pay to the judgment creditor the adjudged amount deposited with it by the Public Authority for Compensation. Regarded as in substance rendered against that Authority. ItsPleadings — Part Three · Source page 682
  21. Principle 3916Service of the enforceable instrument. Its purpose. Informing the debtor of the creditor’s right to compulsory enforcement. The reason therefor. - Calling upon the debtor to perform. Its purpose. Alerting him to the necePleadings — Part Three · Source page 682
  22. Principle 3917Judgments capable of enforcement. What is meant by them. Judgments confined to declaring or creating a right or legal status. Are not considered such. - Failure to serve the enforcement instrument before carrying out enfPleadings — Part Three · Source page 682

  23. - قاضي البيوع

    Principle 3918Nullity of enforcement if it is not preceded by service of the enforcement instrument in the manner prescribed by law. Article 204 of the Procedure Law. This does not preclude declining to rule on nullity, notwithstandinPleadings — Part Three · Source page 683

  24. - مسائل متنوعة

    Principle 3919The sale judge. His task is to conduct the sale of real property. Fixing the sale date and conducting the sale. Both occur without intervention by the attaching creditors or interested parties. Failure to complete the saPleadings — Part Three · Source page 683
  25. Principle 3920Imprisonment of the debtor. Permissible only if the right for which imprisonment is sought is established by a final judgment or final payment order. Establishment of the right by another enforceable instrument. InsufficPleadings — Part Three · Source page 684
  26. Principle 3921The 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 after the Pleadings — Part Three · Source page 684
  27. Principle 3922A joint-stock company. Its right to sell a partner's shares without adhering to compulsory execution procedures if he defaults on payment of the instalments.Pleadings — Part Three · Source page 684
  28. Principle 3923The right of retention. It is a defence of non-performance. - The judge's recognition of a party's right of retention does not prevent him from ruling against that party for what his opponent requests, provided that he cPleadings — Part Three · Source page 684
  29. Principle 3924A contracting party may stipulate for the benefit of a third party when contracting. Its effect: establishment of a personal right for the beneficiary against the promisor, which the beneficiary may demand directly from Pleadings — Part Three · Source page 684
  30. Principle 3925The debtor's failure to perform his obligation. Its effect. The creditor's right to obtain judicial authorization to perform it at the debtor's expense. - The contractor's performance of his obligation in a defective manPleadings — Part Three · Source page 685
  31. Principle 3926Attachment does not, by itself, remove the attached property from the ownership of the person against whom attachment is levied. The effect of this.Pleadings — Part Three · Source page 685
  32. Principle 3927Attaching creditors. When they and those deemed parties to the proceedings are exclusively entitled to the proceeds of enforcement.Pleadings — Part Three · Source page 685
  33. Principle 3929Attachment is effected without prior service upon the debtor, by an instrument served by the enforcement officer upon the garnishee. The particulars required therein. Article 230 of the Civil Procedure Law. If it does noPleadings — Part Three · Source page 685
  34. Principle 3930A wife's disobedience. Its criterion and its effect in forfeiting her maintenance. The requirements for proving it are that the husband request her to surrender herself to him in execution of the final judgment ordering Pleadings — Part Three · Source page 685
  35. Principle 3931Judgments and orders issued in a foreign country. Permissibility of their enforcement in Kuwait under the same conditions prescribed in that country's law for enforcing judgments and orders issued in Kuwait. The applicatPleadings — Part Three · Source page 685
  36. Principle 3934The Judicial Judgments Enforcement Department. Its constitution. Article 189 of the Law of Procedure. - Enforcement of judgments. Among its governing requirements: the person against whom enforcement is directed must be Pleadings — Part Three · Source page 687

  37. - بوجه عام

    Principle 3937Placing a person under judicial receivership and prohibiting him from disposing of his property. Its implication. He is divested of the power to administer and dispose of that property and has no right to litigate concerPleadings — Part Three · Source page 688
  38. Principle 3938A party’s plea that he has been placed under receivership, his request to join the receiver as a party to the action, and his opponent’s failure to dispute this. The judgment’s rejection of this defence on the assertion Pleadings — Part Three · Source page 688
  39. Principle 3939Prohibiting a person from disposing of that person's assets and placing them under judicial receivership. Its effect. The absence of that person's capacity to be a claimant or defendant in respect thereof. The person havPleadings — Part Three · Source page 688
  40. Principle 3940Receivership. Jurisdiction to impose and terminate it. Belongs primarily to the court of urgent matters and to the court of merits if raised as ancillary to the substantive action.Pleadings — Part Three · Source page 688
  41. Principle 3941The Institution for the Settlement of Forward Transactions in Company Shares. Its appointment as judicial receiver over the assets of the referred debtor. Its acquisition of standing to represent him before the courts. EPleadings — Part Three · Source page 688
  42. Principle 3942An action to replace the receiver. Is based on criticisms directed at his administration or his person and does not affect the underlying right.Pleadings — Part Three · Source page 688
  43. Principle 3943The custodian of a thing is the person who has actual control over it, whether or not that control is based on a lawful right. - 688 - Procedure Its nontransfer to the subordinate. The reason therefor.Pleadings — Part Three · Source page 688
  44. Principle 3945The decision of the Arbitration Panel for Forward Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for the Settlement of Company Share Transactions Concluded on a ForwPleadings — Part Three · Source page 689
  45. Principle 3946Issuance of a judgment imposing judicial custody. Its effect. The custodian becomes the person entitled to administer the assets placed under custody, safeguard their rights, and litigate concerning them.Pleadings — Part Three · Source page 689
  46. Principle 3947Prohibiting a person from disposing of his property. Its consequence. He is divested of the power to administer and dispose of it and has no right to litigate concerning it. The receiver is the party with standing to repPleadings — Part Three · Source page
  47. Principle 3948The requirement that the persons concerned agree on appointing the receiver and terminating the receivership. Relates to consensual receivership, not judicial receivership. - Appointment of a judicial receiver over a shaPleadings — Part Three · Source page
  48. Principle 3950The general rule is that receivership is remunerated unless the receiver has agreed to undertake it gratuitously. - 689 - Civil Procedure - In judicial receivership, the judge determines the remuneration. What the judge Pleadings — Part Three · Source page
  49. Principle 3951The receiver's relinquishment of his task of preserving or administering the property placed under receivership to one of the co-owners in undivided ownership. Impermissible unless they all consent thereto. Rationale thePleadings — Part Three · Source page
  50. Principle 3953Liability of the custodian of things. Its basis is presumed fault on the custodian's part. Negation of this liability. Its condition. Proof that the damage occurred through an external cause. What constitutes an externalPleadings — Part Three · Source page
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