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. إدارة الكتاب

    Principle 4130A person against whom a travel ban order has been issued may lodge a grievance against it either before the Court of First Instance, before the same judge who issued the order, or before another judge of interim matters Pleadings — Part Three · Source page 723

  2. أولاً: بوجه عام

    Principle 4131The ordinary method of instituting an action is by depositing its statement with the Registry. Its effect. Commencement of the proceedings. Service of the statement upon the defendant. A procedure necessary for their conPleadings — Part Three · Source page 724
  3. Principle 4132Service of an appeal at the elected domicile. Its prerequisite. The party must have designated it as his domicile in the instrument serving the judgment or in the other papers of the action. The reason for this. - The agPleadings — Part Three · Source page 725
  4. Principle 4133A lawyer's acknowledgment that service occurred. Falls within the scope of his authority as litigation agent, being a requirement of the defence in the action. Its effect. It is considered conclusive evidence that servicPleadings — Part Three · Source page 725
  5. Principle 4134Practising law in Kuwait. Prohibited for foreigners except as excepted. This prohibition pertains to public policy.Pleadings — Part Three · Source page 725
  6. Principle 4135Representation of litigants before the courts. The rule. For lawyers alone. The exception. Permissibility of deputizing. Spouses, relatives by marriage, and relatives up to the fourth degree in oral pleading procedures. Pleadings — Part Three · Source page 725
  7. Principle 4136The contract appointing a lawyer. A mixture of material acts and legal transactions. Giving precedence to its predominant element - 725 - Procedure which is agency, and applying its provisions except insofar as they confPleadings — Part Three · Source page 725
  8. Principle 4137Termination of a lawyer's agency. Its effect. The lawyer is obliged to return the power of attorney and original documents to the client even if the lawyer has not received the fees. The lawyer may only retain them untilPleadings — Part Three · Source page 726
  9. Principle 4138A lawyer’s signature on the notice of cassation appeal. An essential procedure whose omission entails the absolute nullity of the appeal, pertaining to public policy.Pleadings — Part Three · Source page 726
  10. Principle 4139The lawyer signing the petition for appeal in cassation. His holding a power of attorney from the appellant. Not required.Pleadings — Part Three · Source page 726
  11. Principle 4140A lawyer's obligation towards his client. An obligation to perform work in which he exercises a degree of care. The general rule concerning this care. Contractual fault in an obligation to exercise care. Its nature. - A Pleadings — Part Three · Source page 726
  12. Principle 4141Characterization of the act founded on the claim for compensation. Among the questions of law subject to review by the Court of Cassation. - Inferring or negating fault giving rise to the lawyer’s liability towards his cPleadings — Part Three · Source page 726
  13. Principle 4142The legislature’s regulation of representation in litigation. Its general rule is to restrict the right to represent parties before the courts to lawyers alone. The exception: the right to appoint spouses, relatives by mPleadings — Part Three · Source page 726
  14. Principle 4143The agency contract. Its definition and effect. - An agent’s performance of a legal act for the principal’s benefit may entail the performance of ancillary material acts. A contract amounting to purely material acts. ItsPleadings — Part Three · Source page 727
  15. Principle 4144The legislature prohibited submission of statements of appeal unless signed by a lawyer. Contravention thereof. Its effect. Nullity, even if not expressly stated. - The lawyer signing the statement of appeal. Need not bePleadings — Part Three · Source page 727
  16. Principle 4145A lawyer's signature on a cassation appeal petition. An essential procedure. Effect of its omission. Absolute invalidity because it concerns public policy.Pleadings — Part Three · Source page 727
  17. Principle 4146The legislature's requirement that a non-lawyer agent attending hearings on behalf of a litigant have a marital relationship or a relationship by blood or marriage up to the fourth degree. Confined to attendance at heariPleadings — Part Three · Source page 727
  18. Principle 4147A lawyer’s breach of his professional duties by refraining from providing assistance or advice to his client’s adversary. Constitutes professional misconduct, but does not affect the validity of the act he performed for Pleadings — Part Three · Source page 727
  19. Principle 4148A lawyer's signature on the petition for appeal in cassation. An essential procedure whose omission entails the absolute nullity of the appeal, concerning public policy. - 727 - ProcedurePleadings — Part Three · Source page 727
  20. Principle 4150A lawyer's signature on the original statement of appeal or on its copy. A condition for admissibility of the appeal. - Raising for the first time before the Court of Cassation the objection that the lawyer's signature oPleadings — Part Three · Source page 728
  21. Principle 4151The absence of a lawyer’s signature from the statement of appeal. Its effect. Its invalidity, despite the absence of a provision to that effect in the Civil Procedure Law. The reason therefor: the Legal Profession Law’s Pleadings — Part Three · Source page 728
  22. Principle 4152Engaging a private-sector lawyer alongside government lawyers in actions brought by or against the Government. Not prohibited.Pleadings — Part Three · Source page 728
  23. Principle 4153An original lawyer's authorization of another lawyer without a requirement of writing. A general agency between lawyers intended to ensure continued progress of the litigation proceedings and prevent their interruption, Pleadings — Part Three · Source page 728
  24. Principle 4154A lawyer’s agreement to a fee proportionate to the amount or value of what is sought in the action or awarded therein. Impermissible. The condition for this.Pleadings — Part Three · Source page 728
  25. Principle 4155The pleading by which an appeal in cassation is brought. It must be signed by a lawyer. The lawyer need not be retained by the appellant. - 728 - Civil Procedure - The lawyer permitted to plead for companies and authorizPleadings — Part Three · Source page 728
  26. Principle 4158The lawyer’s name must be entered on the roll of practising lawyers and a specified period of enrolment must have elapsed for each level of litigation. - Statements of claim and appeals whose value exceeds five thousand Pleadings — Part Three · Source page 729
  27. Principle 4159A lawyer who practises the legal profession despite removal of the lawyer's name from the roll of lawyers is subject to disciplinary sanctions. Cessation of that removal as soon as the lawyer completes the registration pPleadings — Part Three · Source page 729
  28. Principle 4161The rules and procedures applicable to appeals before the Court of Appeal apply to cassation appeals insofar as they do not conflict with the provisions and procedures governing cassation appeals. - Requirement that a laPleadings — Part Three · Source page 729
  29. Principle 4162The cassation appeal pleading. It must be signed by a lawyer. Its purpose. Ensuring observance of the provisions of law in its preparation. Omission of this procedure. Its effect. Nullity of the appeal as a matter of pubPleadings — Part Three · Source page 730
  30. Principle 4163A lawyer admitted before the court must sign the statement of claim in an action whose value exceeds five thousand dinars, the statement of appeal, and the petition for reconsideration. Failure to do so entails nullity. Pleadings — Part Three · Source page 730
  31. Principle 4164Issuance of the judgment terminating the litigation. Its effect. The court must, of its own motion and without a request, order the party against whom judgment is rendered to pay litigation costs and lawyers' fees.Pleadings — Part Three · Source page 730
  32. Principle 4165Absence of a lawyer's signature on the statement of claim, appeal, or petition. Its effect. Invalidity. No particular form of signature or correspondence with a signature held by another body is required. - The general rPleadings — Part Three · Source page 730
  33. Principle 4166The general rule is that a lawyer is an agent whose relationship with his client is governed by the general law provisions concerning the relationship between principal and agent. The provision in Article 32 of Law No. 4Pleadings — Part Three · Source page 730
  34. Principle 4167A lawyer’s agency. Its formation, termination and all its other provisions are subject to the general rules concerning agency in the Civil Code, except as provided in Law 42 of 1964 and its amendments concerning the legaPleadings — Part Three · Source page 731
  35. Principle 4169Contractual fault in an obligation to exercise care. Is failure to exercise the required care and deviation from the requisite conduct. - A lawyer's liability arises where the lawyer is deficient in performing the lawyerPleadings — Part Three · Source page 731
  36. Principle 4170Inferring the existence or absence of contractual fault giving rise to a lawyer's liability towards his client, the establishment or non-establishment of damage warranting compensation, and whether or not the injured parPleadings — Part Three · Source page 731
  37. Principle 4171The challenged judgment's conclusion that the female appellant failed to prove an employment relationship between herself and the respondent, that what she submitted is unsuitable as evidence to establish this, and that Pleadings — Part Three · Source page 732
  38. Principle 4175Defence of the Public Treasury's interests in all cases brought by or against the Government before the courts. Belongs to the Department of Legal Advice and Legislation. No prohibition on engaging a private lawyer from Pleadings — Part Three · Source page 732
  39. Principle 4176Statements of claim, appeal pleadings or petitions. They must be signed by a lawyer admitted before the court to which they are submitted. No particular form is required for this signature. A signature in the form of a fPleadings — Part Three · Source page 733
  40. Principle 4177The agency provisions stipulated in the Civil Code. Their application to the relationship between a lawyer and his client where no provision is made in the Law Regulating the Legal Profession.Pleadings — Part Three · Source page 733
  41. Principle 4178A lawyer's appearance as agent for one of the litigants and his establishing that agency before the court makes him the representative of the person who granted the litigation agency; accordingly, the principal is presenPleadings — Part Three · Source page 733
  42. Principle 4180A judgment declaring a trader bankrupt. Its effect. Creation of a legal status whereby he is considered bankrupt and the effects consequent upon it, including formation of the body of creditors from ordinary creditors anPleadings — Part Three · Source page 733
  43. Principle 4182The witness being a lawyer who testified to what came to his knowledge through his profession and his participation in defending the respondent in this dispute. This does not constitute a ground for disregarding his testPleadings — Part Three · Source page 734
  44. Principle 4184Permissibility of proving, by all means of evidence as between the contracting parties, the simulated nature of a contract evidenced in writing, where the purpose of that simulation is to circumvent the law. Condition thPleadings — Part Three · Source page 734
  45. Principle 4185Conducting the bidding procedures and sale of the property, assessing the costs of enforcement proceedings, including lawyers' fees, and giving notice of that assessment before bidding opens. Entrusted to the sales judgePleadings — Part Three · Source page 734
  46. Principle 4186A lawyer's relationship with his client. The agency provisions prescribed in the Civil Code apply thereto. - Failure of Law 42 of 1964 regulating the legal profession to regulate the methods of termination of a lawyer's Pleadings — Part Three · Source page
  47. Principle 4187Provisions of laws. They apply to what occurs from their effective date. The effect of a new law may not extend to procedures undertaken or situations established before its entry into force. Reason thereof. - A procedurPleadings — Part Three · Source page
  48. Principle 4188A lawyer is an agent whose relationship with his client is governed by the provisions on agency stipulated in the Civil Code in matters for which no provision appears in the Legal Profession Law. - Agency is a non-bindinPleadings — Part Three · Source page
  49. Principle 4189Petition for appeal in cassation. It must be signed by a lawyer. Omission thereof. Its effect. Invalidity of the appeal. This is not altered by a lawyer’s name being printed on the petition or by its having been issued bPleadings — Part Three · Source page
  50. Principle 4190A lawyer is an agent whose relationship with the client is governed by the provisions of general law relating to the relationship between principal and agent. Its implication.Pleadings — Part Three · Source page
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