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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Principle 274Summary: - A creditor’s request that his debtor’s disposition be declared ineffective against him. Its conditions: that the creditor’s right be due for payment and have arisen before the disposition, and that the disposiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٤٥- Principle 275Summary: - Settlement is a contract by which a dispute between 2 parties concerning a particular subject is conclusively resolved. It must not be interpreted expansively, and must be confined to the subject of the disputRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٤٦
- Principle 276Summary: - An action for the non-enforceability of a disposition made by a bankrupt debtor. In terms of its purpose, it is a means enabling the creditor to keep the property disposed of in his debtor’s ownership so that Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٤٧
- Principle 278Summary: - A claim on which no judgment terminating the litigation before the court is rendered. Costs may not be awarded in respect of it. Article 119, Law of Procedure. - An action to establish a state of affairs. How Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٤٩
- Principle 279Summary: - There is no adjudication except in a dispute, and no dispute without an action brought by a claimant who specifies his claims therein. Article 45 of the Code of Procedure. Its implication: the judgment must adRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥٠
- Principle 280Summary: - Characterization of the claims in an action without being bound by the litigants' description thereof. Within the authority of the court of merits. - A negative administrative decision that may be challenged bRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥٢
- Principle 281Summary: - The capacity of the parties in the action. The Civil and Commercial Procedure Law does not require it to be stated in a particular place in the statement of claim, it being sufficient that the statement contaiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥٣
- Principle 282Summary: - An appeal against a judgment rendered on a grievance against a fee-assessment order is barred only where the subject matter of the application or action is not susceptible to this avenue of challenge. In this Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥٣
- Principle 284Summary: - A judicial claim, whether an original claim or an incidental claim, must include an assertion of a right or legal status upon which the court is requested to rule by virtue of its adjudicative, not its non-conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥٥
- Principle 285Summary: - 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 ٤٥٦
- Principle 288Summary: - The subject-matter jurisdiction of each judicial body. The criterion for determining it. The relief sought by the plaintiff in his action. - The jurisdiction of personal status courts. Is limited to adjudicatiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٠
- Principle 289Summary: - A holding company. It is a company that owns shares or equity interests in the capital of another company or 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 ٤٦١
- Principle 290Summary: - Submission by the court registry of the case file to the judge or the presiding judge of the circuit, as the case may be. Its instances. When the sequence of hearings is interrupted—whether during consideratioRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٢
- Principle 292Summary: - Exemption from court fees of actions brought by workers to claim their rights prescribed by the Labour Law. If the action is dismissed, the court has discretion to order the worker who brought it to pay all orRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٥
- Principle 293Summary: - An incidental claim. Condition for its admissibility: its close connection with the original claim. It must be submitted during pending original proceedings. Reason: the proper administration of justice. ExtinRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٦
- Principle 294Summary: - Notifying the litigants by registered letter of receipt of the expert’s report and of the hearing scheduled to consider the action. Falls upon the Registry, not the expert. The effect of this notification is tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٧
- Principle 295Summary: - The reviewing court's ruling setting aside the challenged judgment because the statement of claim was not validly served before the court of first instance. Its implication: that court has not exhausted its juRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦٩
دفوع
Principle 296Summary: - A plea of unconstitutionality based on the challenged regulation contravening laws. It is regarded as a plea of illegality, not a plea of unconstitutionality. Its effect: the constitutional issue may not be exRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧٠- Principle 297Summary: - Pleas have prominent importance in the conduct of litigation. The necessary consequence. Courts must set out a concise summary of them, without restriction by any qualification—unlike the requirement that defeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧١
- Principle 298Summary: - Signing a private document by any of the legally prescribed means is the true source of conferring evidentiary force upon it. Denial by the person against whom it is invoked of the handwriting, signature, sealRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧٢
ديات
Principle 299Summary: - An action for compensation for personal injury. Its lapse upon the mere passage of three years from the time of the accident. Application to this compensation of the provisions governing liability for unlawfulRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧٤دين
Principle 300Summary: - 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 that debtor’s creditoRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧٧- Principle 301Summary: - Transfer of debt. Its effect: transferring the debt from the liability of the original debtor to that of the transferee. The consequence thereof: payment is made by someone other than the debtor. An example ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧٩
- Principle 302Summary: - Transfer of debt. Its nature. Its effect. Discharge of the original debtor's liability. Its condition. The creditor's consent for it to be effective against him. Article 378 Civil Code. - The burden of provingRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٨٠
- Principle 303Summary: - Tender and deposit where the subject is money or another thing which can readily be delivered without difficulty to the creditor at his original domicile or workplace. Method: following the steps provided for Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٨١
رجوع
Principle 305Summary: - Recourse by the insurer against the person responsible for the damage. Its condition. That he not be a relative or relative by marriage of the insured, or that the latter be legally responsible for him. The prRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٨٥رد القضاة وعدم صلاحيتهم
Principle 307Summary: - An application for recusal of a judge. The legislature surrounded it with a framework of procedures which it required the applicant to undertake. The reason. It concerns the judge’s disqualification from heariRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٨٦رسوم
Principle 309Summary: - A dispute over the amount of the action fees to be collected. How it is brought. By a grievance against the assessment order before the process server or by a declaration at the court registry. Where the dispuRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩١- Principle 310Summary: - An administrative action seeking annulment of an administrative decision. The legislature imposed a fixed fee of ten dinars upon it, multiplied according to the number of decisions sought to be annulled. TermiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩٢
- Principle 311Summary: - Exemption from judicial fees of actions brought by workers to claim their rights prescribed by the Labour Law. If the action is dismissed, the court has discretion to order the worker who brought it to pay allRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩٣
رعاية سكنية
Principle 313Summary: - Regulation of the procedures and requirements necessary for exercising the right of litigation concerning disputes relating to housing welfare. The legislature regulated them under Article 33 bis of Law 47 of Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩٦رهن
Principle 314Summary: - A mortgage may be created to secure a conditional debt, a future debt, or a contingent debt, such as creating it to secure an open credit facility as a future debt or the opening of a current account as a contRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩٨ريع
Principle 316Summary: - Acquisition by the possessor of a thing of the fruits he receives from it and the benefit he obtains. 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 ٥٠٢سوق الكويت للأوراق المالية
Principle 317Summary: - The finality of an administrative decision. Its meaning: the decision is not subject to approval by another administrative authority. This characteristic is necessary for the admissibility of an annulment actiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٠٥- Principle 318Summary: - The Capital Markets Authority. The legislature established a special regulatory framework for it pursuant to Law 7/2010 concerning its establishment. It also assigned it powers of far-reaching effect to enableRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٠٧
- Principle 319Summary: - Capital markets. Establishment of a specialized judicial body through which the easy and straightforward resolution of disputes arising in connection with the application of the provisions of this Law is achieRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 320Summary: - Establishment of a judicial body specialising in capital markets activity. Its purpose. Facilitating and simplifying the resolution of disputes arising in connection with the application of the provisions of LRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 321Summary: - The Capital Markets Court. Its jurisdiction. Adjudication of actions concerning civil, commercial and administrative disputes, rules and regulations, and substantive enforcement disputes relating to judgments Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 322Summary: - Penalty clause. An obligation accessory to the principal obligation. Its nature: an agreement on the sanction for breach of the principal obligation. Its import: the lapse of the principal obligation entails tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 324Summary: - The provisions of the Companies Law. Intended to achieve a public economic interest. Their relation to public policy. Consequence thereof. Although the effects of a transaction concluded under the old CompanieRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 325Summary: - Simple limited partnership. Its subjection, in respect of limited partners, to the rules prescribed for general partnerships as regards formation and management, as well as dissolution and liquidation. Its necRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 326Summary: - A share in a limited liability company. Its owner may not be deprived of the fundamental rights it confers upon him, whether by a provision in the company's articles or by a resolution adopted by the majority Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 329Summary: - Holding company. A company owning shares or interests in the capital of another company or companies independent of it in a proportion enabling it to exercise financial and administrative control over that subRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 330Summary: - Parties to an application for approval to undertake restructuring procedures for distressed companies. Their restriction to the Central Bank of Kuwait and the company itself whose restructuring is sought, exclRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 331Summary: - Sports bodies. Their meaning. Article 1 of Decree-Law 42/1987 concerning Sports Bodies. - Formation of a company. Its purpose is to contribute a share of money or work in order to divide the resulting profit oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 334Summary: - A tawarruq contract. The legislature has not addressed it in legislative provisions. Recourse must be had to the rules of Islamic Sharia. Its effect: it is permissible under Sharia. The challenged judgment's cRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 335Summary: - An agent’s concluding a transaction in the principal’s name within the limits of his agency. Its implication: that transaction is attributed to the latter. His acting outside that agency or without any authoriRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 336Summary: - A private instrument under Article 13 of the Evidence Law. It is considered to have emanated from the person who signed it unless that person expressly denies the signature, seal, or fingerprint attributed to Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 337Summary: - Termination of co-ownership in undivided shares. Each co-owner has the right to request partition by agreement or judicially. Condition: There must be no considerations calling for compulsory continuation of cRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 338Summary: - A co-owner in undivided ownership. The general rule is that he has the right to terminate the state of undivided ownership at any time, by agreement or judicially. Exception: the existence of considerations caRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page