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. الحجز التحفظي

    Principle 4016Every interested party and the trademark owner may obtain an order from the competent judge to take conservatory measures against any machinery or tools used in affixing the trademark, as well as the products, goods, andPleadings — Part Three · Source page 702
  2. Principle 4018Conservatory arrest of a vessel. Bringing an action to validate the arrest and establish the right. The arrest report, when served upon the person against whom arrest is effected, must contain a summons to appear before Pleadings — Part Three · Source page 702

  3. حجز ما للمدين لدى الغير

    Principle 4019The judge of interim matters. He may authorize the creditor, whenever his debt is certain in existence and due for payment, even if he holds no enforceable instrument or his debt is unliquidated, to impose a conservatoryPleadings — Part Three · Source page 703
  4. Principle 4020Judgment against the garnishee. He pays the attaching creditor’s debt for which attachment was imposed if the garnishee commits any of the acts specified in Article 286 of the Civil Procedure Law (former). Nature of thisPleadings — Part Three · Source page 703
  5. Principle 4021The sanction provided for in Article 286 of the Law of Procedure. Former. Discretionary for the court. Its criterion. What appears to it concerning the gravity of the garnishee’s conduct, bad faith, and obstinacy.Pleadings — Part Three · Source page 703
  6. Principle 4022Service of notice of attachment on the person whose property is attached within the eight days following its imposition. Failure to do so. The attachment is deemed never to have occurred. Example.Pleadings — Part Three · Source page 703
  7. Principle 4023The attaching creditor in an action contesting the garnishee’s declaration of indebtedness. Is not considered a third party as regards the evidence admissible to establish or refute the action.Pleadings — Part Three · Source page 703
  8. Principle 4024The attaching creditor has, against the garnishee, only such means of proof as the law permits the person against whom attachment is levied. Ordering the garnishee to pay the amount for which attachment was levied. DiscrPleadings — Part Three · Source page 703
  9. Principle 4025The judge's permission to levy attachment upon the debtor's property held by a third party. Requires that the attachment applicant's right be established by an apparent ground indicating its existence. Assessment of thisPleadings — Part Three · Source page 704
  10. Principle 4028The judge of interim matters has jurisdiction to issue the order attaching a debtor’s assets held by a third party, even if the action concerning the underlying right has been brought before the competent court.Pleadings — Part Three · Source page 704
  11. Principle 4029Attachment of the debtor’s assets held by third parties. Condition for authorising it. The attachment applicant’s right must be established on an apparent basis indicating its existence. Assessment thereof and assessmentPleadings — Part Three · Source page 704
  12. Principle 4030Precautionary attachment and attachment of the debtor's assets held by a third party. Conditions of the debt. Certainty of existence and establishment on an apparent basis. Apparent circumstances indicating the absence oPleadings — Part Three · Source page 704
  13. Principle 4031Attachment of the debtor's property held by third parties. Condition for imposing it. Grounds for issuing the attachment order. A matter for the court of merits, provided it is reasonable.Pleadings — Part Three · Source page 704
  14. Principle 4032Authorization to attach the debtor's assets in the hands of third parties. Its prerequisite is that the attachment applicant's debt be established. Due for payment. Free from serious dispute. Assessment thereof. A matterPleadings — Part Three · Source page 704
  15. Principle 4033The judgment issued on the grievance brought by the attachment debtor against the order of the judge of interim matters authorizing attachment of the debtor’s property held by third parties and provisionally assessing thPleadings — Part Three · Source page 705
  16. Principle 4034Issuance of an order authorizing attachment of the debtor's property in the hands of a third party. Its conditions. The debt for whose satisfaction attachment is sought must be certain in existence and due for payment. TPleadings — Part Three · Source page 705
  17. Principle 4035Joining the garnishee in an action to validate attachment or an action seeking to lift attachment. Its effect. The judgment issued therein is binding upon him, whether concerning the validity of the attachment proceedingPleadings — Part Three · Source page 705
  18. Principle 4036Attachment of assets held by the government. Its declaration of what it owes. How it is made. - The exclusive entitlement of attaching creditors and those deemed parties to the proceedings to the proceeds of enforcement,Pleadings — Part Three · Source page 705
  19. Principle 4037Attachment of the debtor’s assets held by third parties. Conditions of the debt. Certainty of existence and establishment on an apparent basis. Where appearances indicate the absence of the applicant’s right, or its exisPleadings — Part Three · Source page 705
  20. Principle 4038Attachment of the debtor's assets held by a third party. Its condition. That the attachment applicant's right be established on an apparent basis indicating its existence. Assessment of the existence of the right in thisPleadings — Part Three · Source page 705
  21. Principle 4039Attachment of the debtor's assets held by a third party. The condition for levying it. That the debt be certain in existence and due for payment. Restricting it - 705 - Civil Procedure by requiring fear that the creditorPleadings — Part Three · Source page 705
  22. Principle 4040Service of the document attaching the debtor's property held by third parties. Does not constitute service of the judgment opening the way to challenging it.Pleadings — Part Three · Source page 706
  23. Principle 4041Levying a precautionary attachment on the debtor's assets in the hands of third parties. Its conditions. The effect of their absence. - Assessing whether its conditions are satisfied falls within the authority of the couPleadings — Part Three · Source page 706
  24. Principle 4042Precautionary attachment and attachment of the debtor’s property held by third parties. Conditions concerning the attaching creditor’s debt. Certainty of existence and establishment on an apparent basis. The apparent cirPleadings — Part Three · Source page 706
  25. Principle 4043Conservatory attachment of the debtor's property in the hands of a third party. Fear that the creditor will lose the security for his right is not a condition for levying it, unlike conservatory attachment of the debtor'Pleadings — Part Three · Source page 706
  26. Principle 4044An order permitting attachment of the debtor's property held by a third party. Its two conditions. The debt must be certain in existence and due for payment. The issuing judge, and thereafter the court hearing the grievaPleadings — Part Three · Source page 706
  27. Principle 4045Judgment against the garnishee to pay the attaching creditor's debt for which attachment was levied. Its condition. His refusal to declare his indebtedness, declaration of an untruth, or concealment of the papers requirePleadings — Part Three · Source page 706
  28. Principle 4046The judge’s authorization to attach a debtor’s assets held by a third party requires that the attachment applicant’s right be established by an apparent ground indicating its existence. Assessment of this existence. FallPleadings — Part Three · Source page 707
  29. Principle 4047Attachment of the debtor’s assets held by the Institution for Settlement of Transactions Relating to Company Shares Concluded on a Deferred Basis, and not by the Kuwait Clearing Company responsible for collecting fees. IPleadings — Part Three · Source page 707
  30. Principle 4048Ownership in real-property matters. Does not pass between the contracting parties or in relation to third parties except by registration. Article 7 of Decree-Law 5 of 1959. - A debtor's disposition is not effective againPleadings — Part Three · Source page 707
  31. Principle 4050Failure of service of the attachment document to include the particulars prescribed in Article 230, Civil Procedure. Its effect. Invalidity of the attachment. Any interested person may invoke this invalidity.Pleadings — Part Three · Source page 707
  32. Principle 4052The necessity of obtaining a judgment establishing the right or attaching the principal contractor's assets held by the employer so that the subject of the preferential lien and the proportion upon competition of claims Pleadings — Part Three · Source page 708
  33. Principle 4053A judgment ordering the garnishee to pay the attaching creditor’s debt for which the attachment was imposed. Its condition. Imposition of this sanction. Discretionary for the court. Article 237/1 of the Law of Procedure.Pleadings — Part Three · Source page 708
  34. Principle 4054Exempting the garnishee from the sanction prescribed in Article 237/1 of the Code of Procedure does not preclude ordering him to pay the costs of the action brought against him because of his commission of one of the defPleadings — Part Three · Source page 708
  35. Principle 4055Issuance of a letter of guarantee at the customer's request does not create for him a right to its value. The reason for this: the bank did not undertake to pay it to him but to guarantee him within its limits, nor does Pleadings — Part Three · Source page 708
  36. Principle 4057Attachment of a debtor’s assets held by a third party. The condition for its validity. Within the 8 days following service of the attachment on the garnishee, the attaching creditor must bring an action against the attacPleadings — Part Three · Source page 708
  37. Principle 4058The attached debtor’s request to lift attachment of the debtor’s assets held by third parties, by an action before the competent court hearing the merits, to remove the attachment and its effects and enable him to receivPleadings — Part Three · Source page 709
  38. Principle 4059Identification of what is attached in a manner eliminating uncertainty. Its case. Where attachment is levied on specific property. Its implication. If attachment is not levied on particular property, identification of whPleadings — Part Three · Source page 709
  39. Principle 4060Imposition of attachment on the debtor's property held by third parties. The order authorizing it. Its two conditions. That it be certain in existence and due for payment. Raising a judicial dispute concerning the debt bPleadings — Part Three · Source page 709

  40. الحجز التنفيذي

    Principle 4062Legal rules considered matters of public policy. Their nature. The condition for considering them as such. An example of what is not considered a matter of public policy: the provisions of Law 41 of 1994, as amended, conPleadings — Part Three · Source page 710
  41. Principle 4063A ruling declaring the grievance inadmissible on the ground that the application to levy executory attachment against the two properties in dispute did not meet the legal requirements for issuing a noncontentious order. Pleadings — Part Three · Source page 710

  42. الحجز المتعلق بالتفليسة

    Principle 4065Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. Its purpose. - Rescheduling indebtedness or immediate cash repayment under Law 41 of 1993. The conditions required for tPleadings — Part Three · Source page 710
  43. Principle 4066The decision of the Arbitration Tribunal for Forward Share Transactions prohibiting the debtor from disposing of his property. Its consequence. The debtor is divested of the power to administer or dispose of that propertPleadings — Part Three · Source page 710

  44. الحجز على العقار

    Principle 4067Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt is divested, from its date, of the administration of all his assets, whether related to his trade or not. The reason for this. All his assets secure pPleadings — Part Three · Source page 711
  45. Principle 4068The particulars required for an application to attach real property and their purpose. Those particulars being stated in a manner revealing the identity of the real property so as to eliminate doubt concerning it. Its suPleadings — Part Three · Source page 711
  46. Principle 4069Deeming real property in respect of which the creditor submits an attachment application to be attached. Its condition. The creditor must submit the attachment application and an enforcement officer must proceed to the RPleadings — Part Three · Source page
  47. Principle 4070An incidental ownership action. Its nature. Its basis is ownership of the attached property under a registered contract, by long-term possession conferring ownership, or by any means of acquiring ownership.Pleadings — Part Three · Source page
  48. Principle 4071The seller's issuance of a real-property power of attorney to the purchaser and delivery of the title deed to him. The latter may issue similar powers of attorney to third parties. Registration of the contract by the lasPleadings — Part Three · Source page
  49. Principle 4072A letter of guarantee is personal to the beneficiary and is not a commercial instrument. Effect thereof. It is non-negotiable and its value may not be attached in the hands of the bank.Pleadings — Part Three · Source page
  50. Principle 4073Issuance of a letter of guarantee. It creates no right for the customer to its value, nor for the customer against the beneficiary, and the funds are considered owned by the bank until the beneficiary draws them. The effPleadings — Part Three · Source page
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