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. اعتبار الحجز كأن لم يكن

    Principle 4074Letter of guarantee. Its nature and the independence of the relationships arising from it between the bank, the customer, and the beneficiary. The effect of its issuance at the customer's request. - The amounts representPleadings — Part Three · Source page 712
  2. Principle 4075Invalidity of attachment and its being deemed never to have occurred: a plea thereof does not concern public policy. - A defence involving mixed questions of fact and law which may not be raised for the first time beforePleadings — Part Three · Source page 712

  3. التظلم من أمر الحجز

    Principle 4077Service of the attachment upon the attachment debtor. Its particulars. Notification may be effected by the attachment document after its service upon the garnishee. Failure to serve the attachment debtor within the legalPleadings — Part Three · Source page 713
  4. Principle 4078The creditor’s right to impose precautionary attachment on his debtor’s movables. Its condition. Assessment of the grounds for issuing the attachment order and the grounds of grievance against it. A matter of fact indepePleadings — Part Three · Source page 713
  5. Principle 4079Precautionary attachment of the debtor's assets held by a third party. Its conditions. A judgment's upholding an attachment order without addressing a defense that the debt underlying the attachment challenged by grievanPleadings — Part Three · Source page 713
  6. Principle 4080Grounds for issuing an order imposing precautionary attachment and grounds for grievance against it. Their assessment. A matter for the court of merits.Pleadings — Part Three · Source page 713
  7. Principle 4081The judge's authority when considering a grievance against an attachment order. Discretionary. Its extent. - The judgment rendered on the grievance against an attachment order. An interim judgment that does not affect thPleadings — Part Three · Source page 713
  8. Principle 4082Objections by interested persons to the provisional distribution list prepared by the Director of the Execution Department. Are recorded in the hearing minutes. Permissibility of stating the grounds of objection in a detPleadings — Part Three · Source page 713
  9. Principle 4083The judge hearing the grievance brought by the attached against the order of the interim matters judge. When hearing the grievance, it falls outside his jurisdiction to rule that the attachment is deemed never to have ocPleadings — Part Three · Source page 714
  10. Principle 4084Addressing the merits when considering a grievance against an attachment order. Impermissible. - Precautionary attachment of the debtor’s property held by third parties. Conditions for its imposition. A dispute over the Pleadings — Part Three · Source page 714
  11. Principle 4085Failure to join the grievance action to the action for validation of the attachment, or to stay it pending determination of that action, does not vitiate the judgment. The basis therefor.Pleadings — Part Three · Source page 714
  12. Principle 4086Statutory or contractual subrogation. Its scope: confined to the person subrogated to the attaching creditor. The effect thereof.Pleadings — Part Three · Source page 714
  13. Principle 4087A grievance against an attachment order is confined to its two parties. A third party may bring an ordinary action concerning the right with which issuance of the attachment order conflicts. Rationale therefor: a grievanPleadings — Part Three · Source page 714

  14. حصيلة تنفيذ الحجز

    Principle 4088The Director of the Enforcement Department—or his substitute—may issue non-contentious orders in cases specified by the legislature. The non-contentious order rejecting an application to attach immovable property. A griePleadings — Part Three · Source page 714

  15. مالا يجوز الحجز عليه

    Principle 4090A company, other than an undisclosed partnership, has legal personality and a financial patrimony independent of the personalities and patrimonies of the partners. The effect thereof. The partner's contribution leaves hiPleadings — Part Three · Source page 715
  16. Principle 4091Banking facilities (opening a credit. Letter of guarantee..) are not considered a current account. The rule prohibiting attachment of a current account before its closure does not apply to them.Pleadings — Part Three · Source page 715
  17. Principle 4092The current account. Its nature and characteristics. Attachment of the current account before its closure. Impermissible. The reason therefor.Pleadings — Part Three · Source page 715
  18. Principle 4093A formal mortgage is a disposition concerning the mortgaged real property. Its effect: property that may not be attached or compulsorily sold at public auction may not be dealt in or be the subject of a formal mortgage cPleadings — Part Three · Source page 715
  19. Principle 4094Prohibition on attaching the private residence of the Kuwaiti debtor and his family. The condition therefor. He must have occupied it before the debt arose. Exceptions thereto. - The appellant's contention that the mortgPleadings — Part Three · Source page 715
  20. Principle 4096The worker's wage. No deduction from it, attachment of it, or waiver of it is permissible except within the limits prescribed by law. Invalidity of every term in the employment contract contrary to this. Does not precludPleadings — Part Three · Source page 716
  21. Principle 4097The three cases in which deduction or attachment may be imposed on an employee's salary or any sums payable to the Government by the employee. Their nature: court-ordered maintenance, payment of what the Government is owPleadings — Part Three · Source page 716
  22. Principle 4098The private residence necessary for housing the Kuwaiti debtor and his family. It may not be attached. The condition therefor. The debtor and his family must occupy this residence before the debt arises, and this must bePleadings — Part Three · Source page 716

  23. بطلان الحجز

    Principle 4099Completion of the prescribed attachment procedures. Does not, by itself, remove the attached property from the ownership of the person against whom attachment is levied. The implication of this. Attachment is a preliminaPleadings — Part Three · Source page 716
  24. Principle 4100A plea that the attachment is invalid because its subject matter does not exist. A substantive plea. It may be raised at any stage of the action.Pleadings — Part Three · Source page 717
  25. Principle 4101Attachment is valid only within the limits of the amount adjudged to the attaching creditor, regardless of the amount for which attachment was initially imposed. Example.Pleadings — Part Three · Source page 717
  26. Principle 4102Levying precautionary attachment on the debtor's assets held by a third party. Its conditions. Their absence. Its effect. Assessment of the extent to which the conditions for levying it are met falls within the authorityPleadings — Part Three · Source page 717
  27. Principle 4103Prohibition of attachment of the private dwelling for the residence of the Kuwaiti debtor and his family. Its condition. Occupation by the debtor and his family before the debt arose. Rationale therefor. What is meant byPleadings — Part Three · Source page 717
  28. Principle 4104The rule prohibiting attachment in respect of certain assets of the debtor does not concern public policy. The exception. A contrary statutory provision or a judicial determination to that effect as serving a public intePleadings — Part Three · Source page 717
  29. Principle 4105Attachment does not, by itself, remove the attached property from the ownership of the attachment debtor. The effect thereof. - 717 - Civil ProcedurePleadings — Part Three · Source page 717
  30. Principle 4106Deduction from or attachment of an employee's salary. Not permissible except to discharge court-ordered maintenance, to pay amounts owed by the employee to the Government by reason of the performance of a function, or toPleadings — Part Three · Source page 718
  31. Principle 4107Imposition of attachment on the debtor’s assets pursuant to an order of the judge of interim matters. It derives its existence, in addition to the rights for which attachment was imposed, from that order. Its cancellatioPleadings — Part Three · Source page 718
  32. Principle 4108Appeal against a judgment awarding an auction sale. When permissible: for a defect in the bidding procedures or in the form of the judgment, or because it was issued without staying proceedings in a case where their stayPleadings — Part Three · Source page 718

  33. التعويض عن الحجز

    Principle 4109The creditor’s right to attach his debtor’s property in satisfaction of his rights arises essentially from those rights. Cases in which an order from the judge of interim matters must be obtained for attachment to be perPleadings — Part Three · Source page 718
  34. Principle 4110Negating, on cogent grounds, the diversion of the right to impose precautionary attachment from its intended purpose. The challenge thereto. Unfounded.Pleadings — Part Three · Source page 719

  35. - بوجه عام

    Principle 4111Exercise of a right does not give rise to liability unless intended to cause malice and hardship or accompanied by negligence or fault. - An action. When it is malicious. - Validity of attachment proceedings and attachmePleadings — Part Three · Source page 719
  36. Principle 4112An order prohibiting the debtor from travelling. Its two conditions and the burden of proving them. Assessment of the grounds for issuing it and the grounds for grievance against them. Belongs to the judge of merits and Pleadings — Part Three · Source page 720
  37. Principle 4114Conditions for issuing an order prohibiting a debtor from travelling. Burden of proving them. On the creditor. Example.Pleadings — Part Three · Source page 720
  38. Principle 4115Grounds for issuing a travel-ban order and grounds of grievance against it. Their assessment. A matter of fact independently determined by the judge hearing the merits. Condition thereof. Example.Pleadings — Part Three · Source page 720
  39. Principle 4116The travel-ban order remains effective until the debt is extinguished by payment or release. The exception: the debtor deposits in the treasury of the Enforcement Department a sum of money equal to the debt and its ancilPleadings — Part Three · Source page 720
  40. Principle 4117The debtor's ability to pay the debt when called upon to do so. One of the conditions for issuing a travel-ban order. The creditor bears the burden of proving this. The court of merits. Has independent authority to assesPleadings — Part Three · Source page 720
  41. Principle 4118A travel ban order. Procedures for obtaining it. Submission of a petition by the interested party to the Enforcement Department when serious grounds exist for believing that the debtor will flee despite his ability to paPleadings — Part Three · Source page 720
  42. Principle 4119Obtaining an order prohibiting the debtor from travelling. Its condition. The creditor’s right must be certain in existence and due for payment, and the creditor must provide evidence of serious grounds for believing thaPleadings — Part Three · Source page 721
  43. Principle 4120Obtaining an order prohibiting the debtor from travelling. Its condition: that the creditor's right be certain in existence and due for payment, and that the creditor provide evidence of serious reasons to suspect that tPleadings — Part Three · Source page 721
  44. Principle 4122Issuance of a travel-ban order. The person against whom it is issued has the right to lodge a grievance against it either with the issuing judge or before the court having jurisdiction over the original action. - IssuancPleadings — Part Three · Source page 722
  45. Principle 4123An order banning the debtor from travel. Its condition. Establishment of the order applicant's right on an apparent basis indicating its existence, the debtor's ability to satisfy this right, and the existence of seriousPleadings — Part Three · Source page 722
  46. Principle 4124A travel-ban order. It remains effective until it expires for any reason. The debtor's obligation towards his creditor who obtained the order lapses if three years elapse from the last valid measure for enforcement of thPleadings — Part Three · Source page
  47. Principle 4125Banning the debtor from travel. The requirements for obtaining an order therefor. The debt must be certain in existence and due for payment, and must not be contingent. What is not considered such: a debt subject to a coPleadings — Part Three · Source page
  48. Principle 4127Obtaining an order prohibiting the debtor from travelling. Its condition. The creditor's right must be certain in existence and due for payment, and the creditor must provide evidence of serious grounds giving rise to anPleadings — Part Three · Source page
  49. Principle 4128The Public Prosecution may request that a customer who ceases payment be declared bankrupt pursuant to Law 41 of 1993, and the provisions of the Commercial Code shall be followed where the first law contains no provisionPleadings — Part Three · Source page
  50. Principle 4129Orders on petitions, including travel-ban orders. A grievance against them is brought before the Plenary Court, the same judge who issued the order, or, where appropriate, another judge of interim matters at the Plenary Pleadings — Part Three · Source page
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