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. غراس

    Principle 409Summary: - A person’s erection of a building, planting or construction of structures with materials of his own on land which he knows is owned by another and on which he has no right to make such additions, or where his Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٥٧

  2. غرامة تهديدية

    Principle 410Summary: - A coercive fine ordered by a judge. Its nature: an indirect means of threatening and compelling the debtor to perform in kind. It is not compensation for damage. The consequence thereof: in assessing what is aRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٥٨

  3. غصب

    Principle 411Summary: - A request for eviction for non-payment of rent necessarily includes an implicit request for rescission of the contract. Its consequence. The tenant's possession is deemed that of a usurper from the date of theRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦١

  4. قاضي الأمور المستعجلة

    Principle 412Summary: - Orders on petitions. Their nature. They are orders issued by judges of interim matters pursuant to their non-contentious authority, based on applications submitted by interested persons in petitions. A judge mRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦٤

  5. قانون

    Principle 413Summary: - The provisions of the Companies Law. Intended to achieve a general economic interest. Their connection with public policy. Its consequence. Although the effects of a transaction concluded under the old CompaniRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦٥

  6. قرار إداري

    Principle 416Summary: - Compensation in the field of public employment. The need to observe a fair balance between the administration’s liability when exercising its discretionary competence and the rights of employees who suffered dRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦٩
  7. Principle 417Summary: - Administrative adjudication. Adjudication of legality that subjects administrative decisions to its review and weighs them justly according to law, in light of their true facts and the foundations of their conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧١
  8. Principle 418Summary: - A negative administrative decision that may be challenged by an annulment action. Condition for its existence: the administrative authority must refrain from taking a measure that it was required to take underRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٢
  9. Principle 419Summary: - Decisions on appointment, promotion, and the granting of incentive increments. The legislature prescribed specific time limits for their withdrawal, namely 1 year from the date of their issuance, as an exceptiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٢
  10. Principle 420Summary: - Promotion to a financial grade or supervisory position, or assignment thereto. Must be from the grade or position immediately preceding the grade or position to which promotion or assignment is made. Reason thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٣
  11. Principle 421Summary: - Administrative decision. What suffices for it to satisfy its constituent requirements and elements. Its being effective upon issuance by the administrative authority empowered to issue it, without requiring raRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٥
  12. Principle 422Summary: - An action for annulment of an administrative decision. Its time limit is 60 days from the date of the decision’s “nasr” or knowledge thereof. This time limit is interrupted by an administrative grievance, whicRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٦
  13. Principle 423Summary: - Acquired rights. Must be respected even if acquired through administrative, regulatory or individual decisions. Basis thereof: the dictates of justice and natural law and the requirements of the public interesRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٧
  14. Principle 424Summary: - A general regulatory decision. The time limit for challenging it begins on the date of its publication in the Official Gazette. Issuance of individual decisions implementing it which affect individual legal poRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٧٩
  15. Principle 425Summary: - A judgment annulling an administrative decision. It itself extinguishes the direct legal effect of the decision from the time that effect was established. This does not depend on intervention by the administraRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨١
  16. Principle 426Summary: - The principle of equality enshrined in the Constitution. One of its most important foundations is unity of the time period in which the legislation or decision challenged for breach of that principle is issuedRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٢
  17. Principle 427Summary: - The general rule 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 confinRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٣

  18. قرض

    Principle 428Summary: - The application of the provisions of Article 31 of the Private Sector Labour Law to a loan granted by an employer to a worker. Its prerequisite. The employment relationship must have been taken into account, sRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٤
  19. Principle 429Summary: - It is impermissible to deduct more than 10% of a worker’s wage in satisfaction of debts owed to the employer, and the employer may not collect any interest thereon. Article 31 of Law 38/1964; Article 59 of LawRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٥
  20. Principle 431Summary: - The settlement agreement between the appellant and the respondent bank for which she works. Dependent on the result it achieves and whether or not it affords her a greater benefit than the provisions of the LaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٨
  21. Principle 432Summary: - The Labour Circuit of the Court of First Instance. Its jurisdiction. Limited to determining labour disputes arising from the application of the provisions of laws enacted concerning labour and regulating the rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٨٩

  22. قسائم

    Principle 433Summary: - 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 ٦٩١

  23. قسمة

    Principle 435Summary: - 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 ٦٩٥
  24. Principle 436Summary: - Termination of co-ownership in undivided shares. Every co-owner has the right to request partition by agreement or through the courts. The condition thereof: there must be no considerations calling for compulsRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٩٦
  25. Principle 437Summary: - 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 ٦٩٧

  26. قضاء إداري

    Principle 438Summary: - Administrative adjudication. Adjudication of legality that subjects administrative decisions to its review and weighs them justly according to law, in light of their true facts and the foundations of their conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٩٩
  27. Principle 439Summary: - The principle of legality. Its import. The administration’s obligation, when issuing an administrative decision, to comply with legal rules that must be observed. The legislature may grant it discretionary autRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٠٠
  28. Principle 440Summary: - A judgment annulling an administrative decision. It brings about, of itself, the extinction of the direct legal effect of the decision from the time that effect was established. This does not depend upon interRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٠١
  29. Principle 441Summary: - A person’s freedom of movement within and outside the country is among the fundamental freedoms set forth in the Kuwaiti Constitution, which prohibits its restriction except in accordance with the provisions oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٠٢
  30. Principle 442Summary: - The appointment, promotion, transfer and secondment of members of the judiciary. Within the competence of the Supreme Judicial Council as the body overseeing their affairs. A judge may be seconded to perform jRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  31. Principle 444Summary: - The judicial authority, like the executive and legislative authorities, exercises part of the powers of the State, the source of which is the Nation. Its import: the judgments it issues are conclusive of dispuRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  32. Principle 445Summary: - Equality in its essence. Its meaning. Equal treatment of those alike in situation and status. The principle of equality before the law. What is meant by it. - The Supreme Judicial Council’s issuance of a decisRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  33. Principle 446Summary: - Characterization of an administrative act. The determining consideration is not the form and structure of the act but its substance and purpose. - Distinguishing between a negative and an affirmative administrRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  34. Principle 448Summary: - The administrative authority expresses its will through decisions it issues on the basis of its discretionary power while performing its legally prescribed function. - Administrative authorities may determine Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  35. Principle 449Summary: - The judicial authority, like the executive and legislative authorities, exercises part of the powers of the State, whose source is the Nation. Its implication: the judgments it issues are conclusive of disputeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  36. Principle 450Summary: - The phrase “the judges who rendered the judgment.” Its meaning. They are the judges, they are those who rendered the judgment and adjudicated the action, not those who attended its reading. The criterion in thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  37. Principle 451Summary: - Appointment to judicial posts. A matter in which the administration exercises discretion pursuant to its discretionary authority to select those meeting the conditions to hold them and faithfully discharge theRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  38. Principle 452Summary: - Application for recusal of a judge. The legislature surrounded it with a framework of procedures that it required its applicant to undertake. The reason for this. Its basis is the judge’s lack of fitness to heRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  39. Principle 453Summary: - The appointment, promotion and seniority of judges. Decree-Law 23 of 1990 devoted detailed regulation thereto in Articles 19, 20, 21 and 22. - Appointment to the office of Deputy President of the Court of CassRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  40. Principle 454Summary: - The rule of res judicata. Its relation to public policy; the court may apply it of its own motion. Its priority in protection and consideration if it conflicts with another rule relating to public policy. The Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  41. Principle 455Summary: - The provision in Article 53 of the Law of Evidence concerning res judicata. It constitutes a departure from the general rule giving the court of merits full authority to understand the facts of the case, assesRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  42. Principle 458Summary: - 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
  43. Principle 459Summary: - Approval for owners of properties within the city in commercial areas to increase the building ratio of their properties in accordance with the controls and requirements contained in the resolutions issued by Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  44. Principle 461Summary: - Assessment of an employee’s efficiency in the annual report. Its elements. Their nature. The administrative authority may draw upon any information or data that may provide guidance in measuring that efficiencRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  45. Principle 462Summary: - Assessment of the rating an employee deserves for each element included in the efficiency report. A matter for his immediate superior, the superiors next in responsibility, and the Personnel Affairs Committee,Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  46. Principle 464Summary: - A worker's request for compensation for an injury arising out of and in the course of work, or his request for the expenses of his treatment or the treatment of a member of his family pursuant to Law 28 of 196Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  47. Principle 465Summary: - Deciding on bids submitted in tenders and awarding the tender to the most suitable bid. This is for the Central Tenders Committee, which awards the tender to the tenderer offering the lowest total price if itsRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  48. Principle 468Summary: - Newborns and deceased persons not reported within one year from the date of birth or death. Their registration is impermissible until a registration decision has been issued by the Births and Deaths Committee.Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  49. Principle 469Summary: - A plea of unconstitutionality based on the challenged regulation contravening laws. It is considered a plea of unlawfulness, not a plea of unconstitutionality. Its effect: the constitutional question may not bRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  50. Principle 470Summary: - Legislative provisions. The general principle is their connection to their objectives. The reason therefor. Any legislative regulation is not intended for its own sake but is merely a means of achieving those Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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