Cassation principles Recent Commercial, Administrative, Civil, Labour and Personal Status Matters
محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 494 available principles
Search this collectionأحوال شخصية
Principle 53Summary: - Proof of harm in divorce on grounds of harm. Acceptance of the testimony of a person of strong affection, even an ascendant testifying for his descendant. The degree of kinship or connection between the witnesRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧١أحوال مدنية
Principle 54Summary: - Determination of social status for acquiring ownership. The relevant status is that existing from approval of the allocation until expiry of the period it specified, with the remaining other conditions fulfillRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٣- Principle 55Summary: - Administrative disputes prescribed by law. The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to hear them. The time limits and procedures before it differ from those prescribRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٤
- Principle 56Summary: - Newborns and deceased persons not reported within one year from the date of birth or death. They may not be registered until a registration decision has been issued by the Births and Deaths Committee. This musRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٦
اختصاص
Principle 57Summary: - The enactment of Law 8 of 2010 concerning the Rights of Persons with Disabilities and its establishment of a Public Authority for Disability Affairs. Its effect. This Authority became exclusively competent in Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٧- Principle 58Summary: - The law’s vesting an administrative authority with a particular competence. Effect: it may neither relinquish nor delegate it. Reason: exercising that competence is a duty incumbent upon it, not a right belongRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨
- Principle 59Summary: - Capital Markets Authority. The legislature provided it with a special framework under Law 7/2010 concerning its establishment. It also assigned it powers of far-reaching effect to enable it to perform its roleRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١
- Principle 60Summary: - Capital markets. Establishment of a specialised judicial apparatus through which disputes arising in connection with the application of the provisions of this Law may be resolved easily and readily; the Law toRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٤
- Principle 61Summary: - The subject-matter jurisdiction of each judicial body. The determining consideration: The relief sought by the claimant in his action. - The jurisdiction of personal status courts is confined to adjudicating tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٥
- Principle 62Summary: - The prohibition on challenging by cassation judgments issued by the Court of Appeal concerning disputes relating to the lease of real estate and compensation arising therefrom that fall within the jurisdictionRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٧
- Principle 63Summary: - Determining subject-matter jurisdiction. The criterion is the relief sought by the claimant. - Collective labor disputes falling within the jurisdiction of the Arbitration Board. They are those arising betweenRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٨
- Principle 64Summary: - Establishment of a judicial body specializing in capital markets activity. Its purpose: to facilitate and simplify the resolution of disputes arising in connection with the application of Law 7/2010 establishiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٩
- Principle 65Summary: - A foreign public employee in a government body is granted ordinary residence authorization throughout his employment, provided that he holds a valid passport. The end of his service without obtaining another rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٩٢
- Principle 66Summary: - The Labour Circuit of the Court of First Instance. Its jurisdiction. Confined to adjudicating labour disputes arising from the application of laws concerning labour and the regulation of relations between workRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٩٤
- Principle 67Summary: - The issue of subject-matter jurisdiction is a matter of public policy. Its implication. The court may rule on it of its own motion, and any interested person may raise it at any stage of the proceedings. - TheRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٩٥
إدارة الفتوى والتشريع
Principle 69Summary: - An employee's entitlement to any benefit. The determining consideration is satisfaction of all conditions necessary for entitlement under the law and the decisions regulating it. The administrative authority iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٩٨- Principle 70Summary: - An application for recusal of a judge. The legislature surrounded it with procedural safeguards that the applicant must observe. The reason: it concerns the judge's disqualification from hearing the action becRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٠٢
إدارة الكتاب
Principle 71Summary: - The court registry’s submission of the case file to the judge or the presiding judge of the chamber, as appropriate. Cases in which this occurs: when the sequence of hearings is interrupted—whether during consRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٠٥- Principle 72Summary: - Notifying the litigants by registered letter of receipt of the expert's report and of the hearing scheduled for consideration of the action. The responsibility rests with the court registry, not the expert. ThRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٠٧
إدعاء عام
Principle 73Summary: - An action for compensation for personal injury. Its lapse merely upon the passage of three years from the time of the accident. The provisions governing liability for unlawful acts apply to this compensation iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٠٨أرض فضاء
Principle 74Summary: - Unbuilt private residential plots owned by a natural person. Their subjection to the increase in the prescribed annual fee if their area exceeds five thousand square metres. This is not altered by whether the Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١١١استئناف
Principle 75Summary: - Grounds of appeal. They extend to whatever factual or legal grounds the appellant considers conducive to setting aside or varying the judgment under appeal. The appellant is not obliged to state all grounds ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١١٤- Principle 76Summary: - No judges other than those who heard the pleadings may participate in deliberations. The judges who participated in deliberations. They must attend the reading of the judgment. An impediment affecting one of tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١١٦
- Principle 77Summary: - A judgment granting a litigant some of his claims, or ruling for each litigant against the other on all or some of his opponent’s claims. Implication. Either litigant may appeal that judgment. Both appeals filRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١١٨
- Principle 78Summary: - An appeal against the judgment issued on a grievance against a fee assessment order is precluded only where the subject matter of the application or action is not amenable to this avenue of challenge. No regarRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٠
استثمار
Principle 79Summary: - Rescission or automatic dissolution of a contract. The general rule is restoration of the contracting parties to their position when it was concluded. Articles 211 and 216 of the Civil Code. Exception for contRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٢- Principle 80Summary: - A penalty clause. An obligation accessory to the principal obligation. Its nature: an agreement on the penalty for breach of the principal obligation. Its import: the lapse of the principal obligation entails Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٢
استنفاد ولاية
Principle 81Summary: - The court hearing the appeal rules to set aside the challenged judgment because the statement of claim was not validly served before the court of first instance. This means that the latter court did not exhausRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٣استيلاء
Principle 82Summary: - The administration's seizure of real property to allocate it to public use without taking the procedures required by law for expropriation. A usurpation entailing its liability for compensation without transfeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٤أسهم
Principle 83Summary: - Shares. The right to trade them. A fundamental right of their owner. The owner may not be deprived of them. - Trading shares pursuant to the contract concluded between the parties to the appeal. Its non-inclusRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٦- Principle 84Summary: - Establishment of a judicial body specializing in capital markets activity. Its purpose. Facilitating and easing the resolution of disputes arising in connection with the application of the provisions of Law 7/Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٢٧
أسواق المال
Principle 85Summary: - Establishment of a judicial body specializing in capital market activities. Its purpose. To facilitate and simplify the resolution of disputes arising in connection with the application of the provisions of LaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٠اشتراط
Principle 86Summary: - Licensing a motor vehicle or renewing its licence. Its condition: insurance against civil liability arising from motor vehicle accidents. The insurance must remain valid for the duration of the licence. Its puRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٢أشخاص اعتبارية
Principle 87Summary: - A holding company. It is a company that owns shares or interests in the capital of another company or other companies independent of it, in a proportion enabling it to exercise financial and administrative conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٤إعاقة
Principle 88Summary: - The issuance of Law 8 of 2010 concerning the rights of persons with disabilities and its establishment of a Public Authority for the Affairs of Persons with Disabilities. Its effect. This Authority became exclRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٥- Principle 89Summary: - Claim against the Ministry of Social Affairs and Labour for the allowance prescribed for persons with disabilities pursuant to Law 49 of 1996 concerning the Care of Disabled Persons. Enactment of Law 8 of 2010Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٦
اعتراض الخارج عن الخصومة
Principle 90Summary: - The parties to an application for approval to undertake procedures for restructuring distressed companies. Confined to the Central Bank of Kuwait and the company itself whose restructuring is sought, excludingRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣٧إعسار
Principle 91Summary: - A creditor's request that a disposition by his debtor be declared ineffective against him. Its conditions. The creditor's right must be due for payment and must have arisen before the disposition, and the dispRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٤١إعفاء
Principle 92Summary: - Unbuilt private residential plots owned by a natural person. Their subjection to an increase in the prescribed annual fee if their area exceeds five thousand square metres. This is not altered by whether the oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٤٢- Principle 93Summary: - The principal's exemption of the agent from performing the obligation to render an account of his agency activities. A juridical act. It may be implied through ratification of his acts in all his affairs withiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٤٥
إعلام
Principle 94Summary: - The freedom of those responsible for television and radio broadcasting stations and equipment to present and transmit audiovisual material of various kinds reaching the public or particular sections thereof. IRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٤٧أعمال السيادة
Principle 96Summary: - Acts of sovereignty excluded from judicial review. Their nature. Those acts issued by the Government relating to high policy or to measures it takes as a governing authority—not an administrative authority—witRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٠- Principle 97Summary: - The general rule is that individuals and bodies may challenge administrative decisions issued concerning them. Exception: decisions issued in nationality matters. The scope of this exception must be confined tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٢
أعمال ولائية
Principle 98Summary: - A judge's exercise of a non-contentious judicial function. The general principle is that this occurs only in the cases exhaustively specified in legislation. Article 163 of the Code of Civil Procedure. - IssuaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٣إفلاس
Principle 99Summary: - Bankruptcy rules are matters of public policy. - A challenge lies only against what is issued pursuant to judicial authority, not against decisions lacking the character of judgments. - Decisions of the bankruRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٥إقامة
Principle 100Summary: - The Central Agency for Addressing the Status of Illegal Residents. Its task is to address the status of that category and undertake all executive procedures in this regard in coordination with the relevant bodRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٨التزام
Principle 101Summary: - Joint and several debtors. Payment by one of them of the entire debt or more than his share thereof, or his doing either by another means equivalent to payment. Its implication. He may have recourse against thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥٩- Principle 102Summary: - Acts emanating from public authorities, including decisions resulting in depriving the lessee of enjoyment of the leased premises or impairing such enjoyment. Regarded as force majeure. Effect. The lessor is nRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 103Summary: - Novation of an obligation. Its nature: a contract whereby the parties agree to replace the original obligation with a new obligation differing in its subject matter, source or parties. The intention to novate Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 104Summary: - The cause of an obligation. Contracting must rest on a cause, and that cause must be lawful. Failure thereof. Its effect: nullity of the contract for lack of one of its constituent elements. Article 176/1, CivRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page