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. مجلس الأمة

    Principle 471Summary: - Acts of sovereignty. Their distinction from ordinary administrative acts. Among their most important distinguishing elements is their prominent political character, without judicial scrutiny or review. - AmiriRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٧٥

  2. مجلس التعاون لدول الخليج العربي

    Principle 472Summary: - The provisions of Decree-Law 30 of 2009 establishing the Bahrain Chamber for the Settlement of Economic, Financial and Investment Disputes. The Bahraini legislature’s intention thereby is to establish an indepRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٧٦

  3. مجلس الخدمة المدنية

    Principle 473Summary: - The Civil Service Council’s decision concerning the rules for comparison between candidates for promotion by selection. It takes effect from the date of its issuance, not the date of its publication, pursuant Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨٠
  4. Principle 474Summary: - An employee's entitlement to any benefit. The determining factor is satisfaction of all the conditions required for entitlement under the law and the decisions regulating it. The administrative authority is noRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨٢

  5. مجلس الوزراء

    Principle 475Summary: - The Council of Ministers. It is the foremost authority overseeing the interests of the State. Its decisions and directives lay down the foundations and pillars it considers appropriate for administering the afRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨٥

  6. محاماة

    Principle 477Summary: - A litigant’s submission of documents drawn up in a foreign language. His obligation to attach an official translation or an unofficial translation to which his opponent does not object. Article 74/3 of the LawRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨٨
  7. Principle 479Summary: - Signing the appeal petition, conducting proceedings and pleading before the Court of Cassation. The litigants must appoint a lawyer admitted before the Court of Cassation for this purpose. The basis thereof: tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٨٩

  8. مديونيات

    Principle 481Summary: - Bankruptcy rules are matters of public policy. - An appeal lies only against what is issued pursuant to judicial authority, and not against decisions which do not have the character of judgments. - Decisions oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٩٢

  9. مزاولة مهنة الطب

    Principle 482Summary: - A general regulatory decision. The period for challenging it begins on the date of its publication in the Official Gazette. Individual decisions issued in application thereof that affect individual legal positRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٩٥

  10. مزايدات

    Principle 483Summary: - The particulars which the judgment awarding the auction and its operative part must contain. Their nature. Article 276 of the Civil Procedure Law. - Service of this judgment is unnecessary. Its enforcement is Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٩٧
  11. Principle 484Summary: - Grounds of nullity relating to procedures preceding an auction sale. The legislature divided them into 2 categories: the first concerns nullity of the announcement of the sale, such as nullity in publication pRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٧٩٩

  12. مساواة

    Principle 485Summary: - Appointment to judicial positions. The administration has latitude therein pursuant to its discretionary authority to select those who meet the conditions for holding them and discharging the responsibility enRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٠٣
  13. Principle 486Summary: - The principle of equality of rights before the law. It is not founded upon opposition to all forms of discrimination. The reason: some are based upon objective grounds and thus do not involve a violation of thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٠٦

  14. مساعدات

    Principle 489Summary: - Issuance 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 becomes exclusively competent for allRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١٢

  15. مسئولية

    Principle 491Summary: - The trial court’s determination of the nature of liability. It is not bound by what the injured party relied upon in seeking compensation or by the legal provision on which he relied. Its obligation, of its owRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١٤
  16. Principle 492Summary: - The element of causation in tort liability. It rests upon the effective, operative cause producing the damage, not the incidental cause which by its nature has no role in producing such damage, however much itRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١٦
  17. Principle 493Summary: - A physician’s obligation in treating his patients. An obligation to exercise care, not an obligation to achieve a result. His liability for his technical error if the patient suffers harm as a result. The reasRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١٨
  18. Principle 494Summary: - 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 consequence. He may have recourse against thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨١٩
  19. Principle 496Summary: - Requiring the insurer to cover civil liability for the amount of compensation awarded and requiring it to pay within ten days of the date on which it is notified of the judgment. Articles 63 and 80 of the ExecRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٢٢
  20. Principle 497Summary: - Licensing a motor vehicle or renewing its licence. Its condition: insurance against civil liability arising from motor vehicle accidents. The insurance must remain effective throughout the licence period. Its Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٢٣
  21. Principle 498Summary: - An action for compensation for personal injury. Its extinction upon the mere passage of three years from the occurrence of the accident. The provisions governing liability for unlawful acts apply to this compeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٢٤
  22. Principle 499Summary: - The administration’s liability for administrative decisions. Its basis. Fault consisting in the issuance of an unlawful administrative decision, the existence of damage giving rise to liability, and a causal rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٢٧
  23. Principle 500Summary: - Freedom of those operating television and radio broadcasting stations and equipment to present and transmit audiovisual materials of various kinds reaching the public or particular groups thereof. Its restrictRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٣٠
  24. Principle 501Summary: - A direct actor is a person whose act, personally performed by him, has itself brought about the damage and caused it without an intermediary. Direct causation differs from indirect causation, which is a cause Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٣١
  25. Principle 502Summary: - The consignor's submitting, upon delivery of the goods to the air carrier, a special declaration of the interest he attaches to their delivery at destination, and paying any additional charge the carrier may rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٣٢
  26. Principle 505Summary: - A physician’s liability for professional error or negligence. Its criterion. Definitive proof that, through ignorance or carelessness, his conduct departed from the established principles of medical practice aRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨٣٦
  27. Principle 506Summary: - A principal's liability for the unlawful acts of his subordinate. It rests on irrebuttably presumed fault on the part of the principal. Its condition. The unlawful act must have occurred while the subordinate Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  28. Principle 507Summary: - Fault in contractual liability. Its occurrence through a contracting party’s breach of his contractual obligations. Its being, in itself, a basis for liability. - Determining whether a contracting party breachRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  29. Principle 509Summary: - An action claiming engineers’ fees. It shall not be heard upon denial after the lapse of 5 years. The period begins to run from the time the engineer completes his work, even if he continues to perform other sRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  30. Principle 510Summary: - A subcontractor’s worker or his heirs. His right of recourse by direct action against the main contractor within the limits of the wages due to him and every other right owed to him by the subcontractor. The cRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  31. Principle 511Summary: - 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 authorities Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  32. Principle 512Summary: - Establishment that the appellant did not submit an application to the Central Agency for Remedying the Status of Illegal Residents to open a file and issue a green card before bringing his action. Its implicatRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  33. Principle 513Summary: - A person erecting a building, planting, or constructing installations with his own materials on land which he knows is owned by another and on which he has no right to make them, or where his ignorance thereofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  34. Principle 514Summary: - The administration’s seizure of real property to allocate it to public benefit without taking the procedures required by law for expropriation. Usurpation entailing its liability for compensation, without owneRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  35. Principle 515Summary: - Reliance upon possession as title to ownership of movables. Its scope: possession must have been accompanied by good faith, meaning that the possessor must have received possession in good faith from a non-ownRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  36. Principle 517Summary: - Deciding on bids submitted in tenders and awarding the tender to the most suitable thereof. This is for the Central Tenders Committee, which awards the tender to the tenderer who submitted the lowest total priRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  37. Principle 519Summary: - Establishment of a therapeutic institution. Its condition: the person licensed to establish it must be Kuwaiti, whether a natural or legal person. - The word Kuwaiti appears in general terms in Law 49 of 1960 Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  38. Principle 520Summary: - Administrative disputes provided for 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 prescrRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  39. Principle 522Summary: - Determining whether an administrative decision is nonexistent. Within the authority of the court of merits. Condition therefor. - Filling supervisory positions in ministries, government departments, public autRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  40. Principle 523Summary: - Assessment of an employee’s efficiency in the annual report. Its elements. What they are. The administrative authority may draw, in measuring such efficiency, upon any information or data that may provide guidRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  41. Principle 524Summary: - Assessment of the grade an employee deserves for each element included in the efficiency report. It is for his immediate superior, the superiors next in responsibility, and the Personnel Affairs Committee, eacRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  42. Principle 525Summary: - Jurisdiction of the Administrative Circuit of the Court of First Instance over applications to annul administrative decisions concerning civil servants. Limited to applications to annul decisions concerning apRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  43. Principle 526Summary: - An employee’s entitlement to any benefit. The criterion is the fulfillment of all conditions necessary for entitlement thereto under the law and the decisions regulating it. The administrative authority is notRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  44. Principle 529Summary: - Filling posts at the Kuwait Investment Authority. The general rule is that this is under special contracts whose terms the Authority has predetermined and which it concludes with employees wishing to join its Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  45. Principle 530Summary: - The law’s vesting an administrative authority with a particular competence. Its effect. It may not relinquish or delegate it. Reason therefor. Exercising this competence is a duty upon it and not a right belonRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  46. Principle 531Summary: - Promotion to a financial grade or supervisory position, or assignment thereto. It must be from the grade or position immediately preceding the grade or position to which promotion or assignment is made. The reRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  47. Principle 532Summary: - Excellent service. Its meaning: every tangible, extraordinary effort made by an employee that achieves a benefit or public advantage. This bonus is granted within the financial appropriation allocated to it. TRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  48. Principle 533Summary: - The Central Bank: the legislature took care to grant it a degree of independence and flexibility ensuring its performance of its functions and discharge of its assigned tasks, in view of the nature of its workRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  49. Principle 534Summary: - A decision granting promotion. It creates the legal status arising therefrom and its effects in terms of the employee’s advancement to the next grade to which he is promoted, the date on which it begins, and tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  50. Principle 535Summary: - A foreign public employee in a government entity is granted an ordinary residence permit throughout his employment, provided that he holds a valid passport. Termination of his service without obtaining anotherRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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