المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Recent Commercial, Administrative, Civil, Labour and Personal Status Matters

محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 494 available principles

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  1. تمييز

    Principle 213Summary: - The Court of Cassation. Its function at the stage of considering the grounds of appeal: Examining the contested judgment within the limits of the law and the scope of the grounds of appeal, to review the extenRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٤٦
  2. Principle 214Summary: - Conflict between the conclusion reached by the expert in his report and another report and a material defence raised by one of the parties, who substantiated its validity with documents he submitted. The courtRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٤٧

  3. تنظيم قضائي

    Principle 215Summary: - No judges other than those who heard the pleadings may participate in deliberations. The judges who participated in deliberations must attend the pronouncement of the judgment. An impediment arising for one ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٤٨

  4. تنفيذ

    Principle 216Summary: - The coercive fine ordered by the judge. Its nature: an indirect means of threatening and compelling the debtor to perform in kind. It is not regarded as compensation for damage. The consequence: in assessing tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥٠
  5. Principle 217Summary: - The person against whom enforcement is directed must be the judgment debtor. Verification of the identity of the person against whom enforcement is sought. This falls upon the applicant for enforcement. The inRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥٢
  6. Principle 218Summary: - Issuance of orders on petitions. Impermissible except in cases where a specific provision permits their issuance. Law 4 of 1961 promulgating the Notarization Law contains no provision permitting recourse to thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥٤
  7. Principle 219Summary: - A creditor's exercise of his debtor's rights in the latter's name. Its condition: a creditor claiming his debtor's right must bring an action in the debtor's name and in his capacity as the debtor's creditor, Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥٥
  8. Principle 220Summary: - Grounds of nullity connected with the procedures preceding sale by auction. The legislature divided them into two categories: the first relates to the nullity of the announcement of the sale, such as nullity iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥٧
  9. Principle 221Summary: - The Director of the Enforcement Department or the Deputy President of the Court of First Instance may issue an order on petition imprisoning the debtor. Its condition: the debtor's refusal to execute a final jRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦٠

  10. ثروة حيوانية

    Principle 222Summary: - Areas for breeding racehorses and racing camels. Supplying them with electricity. Its condition. Producing a letter from the Public Authority for Youth and Sports approving this. Its basis. Schedule No. 13 conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦٣

  11. جمارك

    Principle 223Summary: - Companies for the development and implementation of public warehouses and border crossings. The provision for the absolute nullity of every contract concluded to implement the projects stipulated in Article 1 Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦٥

  12. جمعية طبية كويتية

    Principle 224Summary: - No person may be compelled not to join an association or union. Article 43 of the Constitution. - Issuance of a decision regulating the conditions to be followed by anyone wishing to practise human medicine anRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦٦

  13. جنسية

    Principle 226Summary: - The general principle is that individuals and bodies may challenge administrative decisions issued concerning them. The exception: decisions issued in nationality matters. The scope of this exception must be cRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٧٢

  14. جيش

    Principle 227Summary: - Army personnel. Their affairs are governed by the provisions of laws and decisions relating to the army. They are not subject to the provisions of the decree-law issued concerning the civil service. Rule: It Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٧٣

  15. حبس

    Principle 228Summary: - The Director of the Enforcement Department or the Deputy President of the Court of First Instance may issue an order on petition imprisoning the debtor. Its condition: the debtor's refusal to execute a final jRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٧٥

  16. حجر

    Principle 229Summary: - Article 85 of the Civil Code. Its purport: An insane person and a mentally deficient person, like a minor, are under interdiction by virtue of their condition without need for judicial intervention. Reason theRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٧٦

  17. حجز

    Principle 231Summary: - A creditor’s exercise of his debtor’s rights in the latter’s name. Its condition. The creditor claiming his debtor’s right must bring an action in the debtor’s name and in his capacity as the debtor’s creditorRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٧٩

  18. حجية

    Principle 232Summary: The evidentiary authority of copies of private instruments extends only to the extent that they lead to the original. The parties' discussion of the substance of documents whose copies are submitted in the actioRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨١
  19. Principle 233Summary: - Urgent judgments. The general rule is that they have no res judicata effect before the court of merits. Reason. They are issued by way of interim measures based on what appears on the face of the papers. - TheRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨٢
  20. Principle 234Summary: - The provision in Article 53 of the Evidence Law concerning res judicata. It constitutes a departure from the general rule granting the trial court full authority to understand the facts of the case, assess andRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨٣
  21. Principle 236Summary: - The principle of the binding force of judicial judgments. One of the fundamental principles underpinning the judicial system. Its basis is the presumption of correctness of judicial judgments. It is not regardRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨٨

  22. حريات عامة

    Principle 237Summary: - A person’s freedom of movement within and outside the country is one of the fundamental freedoms set out in the Kuwaiti Constitution, which prohibits restricting it except in accordance with the provisions of Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨٩

  23. حُسن نية

    Principle 238Summary: - A possessor's acquisition of the fruits he receives from a thing and the benefit he obtains. Its condition: that he be in good faith. Article 929, Civil Code. Establishment that the possessor is not the holderRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٩١

  24. حق

    Principle 239Summary: - The right of habitation provided for in Article 955, Civil Code. How it is determined. According to what the right-holder and his family require for their own personal needs. Assessment of the right-holder’s nRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٩٣
  25. Principle 240Summary: - Acquired rights. Must be respected even if acquired through administrative, regulatory or individual decisions. The basis: the dictates of justice and natural law and the requirements of the public interest. TRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٩٤

  26. حُكم

    Principle 243Summary: - The particulars that must be included in the auction adjudication judgment and its operative part. Their nature. Article 276 of the Law of Procedure. - Service of that judgment. Unnecessary. Its enforcement taRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٩٩
  27. Principle 244Summary: - The legislature required the draft judgment containing its reasons to be signed by all judges of the panel who heard the pleadings, participated in the deliberations and issued the judgment. The reason: to ensRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠٠
  28. Principle 245Summary: - No judges other than those who heard the pleadings may participate in deliberations. Judges who participated in deliberations. Must attend the pronouncement of judgment. An impediment affecting one of them. ItRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠١
  29. Principle 246Summary: - A claim in respect of which no judgment terminating the litigation before the court is issued. Costs may not be awarded in respect thereof. Article 119 of the Code of Procedure. - An action to establish a statRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠٤
  30. Principle 247Summary: - Issuance of a judgment in an action. Its effect: termination of the dispute between the litigants and removal of the case from the court's hands, such that it may not reconsider it in the exercise of its judicRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠٥
  31. Principle 248Summary: - The Court’s conclusion that the recourse action is time-barred. Coincides in its outcome with the first-instance judgment ruling that the action may not be heard because it had previously been adjudicated in tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠٦
  32. Principle 249Summary: - Issuing orders on petitions. Impermissible except in cases where a special provision permits their issuance. Law 4 of 1961 promulgating the Notarization Law contains no provision permitting recourse to orders Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠٦
  33. Principle 252Summary: - A judgment rendered in criminal matters has no res judicata effect in a civil action if it did not determine the common basis of the civil and criminal actions and its legal characterization. - Awarding compenRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١١

  34. حلول

    Principle 254Summary: - The insurer’s recourse against the person responsible for the damage. Its condition. That he not be a relative or relative by marriage of the insured, or a person for whom the latter is legally responsible. ThRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١٤

  35. حوالة

    Principle 255Summary: - Transfer of debt. Its effect: transferring the debt from the liability of the original debtor to the liability of the transferee. The consequence thereof. Payment is made by someone other than the debtor. An eRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١٥
  36. Principle 256Summary: - Transfer of debt. Its nature. Its effect: discharge of the original debtor. Its condition: the creditor's consent for it to be effective against him. Article 378, Civil Code. - The burden of proving the transfRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١٦
  37. Principle 257Summary: - Assignment of a right. Its nature. A contract between the assignor and another whereby the former assigns to the latter a right owed to him by his debtor. Its effectiveness against the debtor upon his acceptanRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١٧

  38. حيازة

    Principle 258Summary: - Acquisition by the possessor of a thing of the fruits he receives and the benefit he obtains from it. Its condition. That he be in good faith. Article 929 Civil Code. Establishment that the possessor is not thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١٨
  39. Principle 259Summary: - Invoking possession as title to ownership of a movable. Its scope: possession must have been accompanied by good faith, meaning that the possessor must have received possession in good faith from a non-owner. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٢٠

  40. خدمة مدنية

    Principle 261Summary: - The Civil Service Council's decision concerning the rules for comparison among candidates for promotion by selection. It applies from the date of its issuance, not from the date of its publication, pursuant toRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٢٥
  41. Principle 262Summary: - Army personnel. Their affairs are governed by the provisions of the laws and decisions concerning the army. They are not subject to the provisions of the Decree-Law issued concerning the civil service. Rule: Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٢٧
  42. Principle 263Summary: - There is no adjudication except in contentious proceedings, and no contentious proceedings without an action brought by a plaintiff specifying his claims therein. Article 45, Code of Procedure. Its import. TheRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  43. Principle 264Summary: - The trial court considers the dispute in light of the evidence and documents submitted to it. It is not obliged to require the litigants to submit evidence of their defense or to draw their attention to the reRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  44. Principle 265Summary: - Submission by the court registry of the case file to the judge or the presiding judge of the chamber, as appropriate. Its instances. When the sequence of hearings is interrupted—whether during consideration ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  45. Principle 266Summary: - Petition for cassation. It must contain the names of all parties who must be joined. Article 153/2 of the Law of Procedure. Rule: The purport of the provision of the second paragraph of Article 153 of the LawRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  46. Principle 267Summary: - Letter of guarantee. Its nature. An undertaking that itself creates against the issuing bank an original, abstract or direct obligation to pay its value to the beneficiary whenever so requested within the periRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  47. Principle 268Summary: - A plea of unconstitutionality based on the contention that the challenged regulations contravene laws. Its consideration as a plea of unlawfulness, not a plea of unconstitutionality. Its effect. The constitutiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  48. Principle 269Summary: - Establishment that the Tax Assessment Department assessed the national labour support tax payable by the appellant company and notified it of the tax assessment on its profits for the assessment years. The appRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  49. Principle 272Summary: - 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
  50. Principle 273Summary: - Costs of the action. They are awarded only against the losing party. Ordering the successful litigant to bear them. Permissible in the cases exhaustively specified in Article 121 of the Law of Procedure and suRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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