Code of Civil Procedure
State of Kuwait · 282 stored articles
Article index
Search statutory textsArticles 1 – 5046
- Article 1The laws of procedure shall apply to actions not yet adjudicated and procedures not yet completed before their effective date, subject to the following exceptions: a-…
- Article 2No application or plea shall be admissible unless its proponent has an existing interest therein recognized by law. Nevertheless, a potential interest shall suffice if…
- Article 3The provisions of the preceding paragraph shall not apply to actions in which a portion of the merits has been adjudicated, actions in which an incidental judgment has…
- Article 5All service of process shall, unless otherwise provided by law, be effected by process servers or enforcement officers. The process to be served shall be drawn up by the…
- Article 8Every notice of service must include the following particulars, otherwise it shall be void: a- The date, specifying the day, month, year and hour at which service took…
- Article 9Other than service by modern electronic means of communication, a copy of the notice shall be delivered to the person to be served himself, or at his domicile or place…
- Article 10Except as provided in special laws, the notice shall be sent in the following manner, otherwise service shall be void: a- In matters relating to the State, the notice…
- Article 11A person residing outside the State of Kuwait may validly be served through his email or any modern electronic means of communication known to the applicant for service;…
- Article 12Electronic service shall produce its effects from the time receipt of the notice by the person served is established by the competent authority entrusted with its…
- Article 13Domicile is the place where a person habitually resides. The place of business is the place where a person carries on a trade or craft or manages his assets; for an…
- Article 14The domicile of a minor, a person under interdiction, a missing person, and an absent person shall be the domicile of the person legally representing them. The domicile…
- Article 15A chosen domicile may be adopted for the performance of a particular legal act. It shall be the domicile for everything relating to that act unless it is expressly…
- Article 16Where the law requires a litigant to designate their original domicile, place of work, or an elected domicile, and they fail to do so, or their particulars are…
- Article 17 مكررIn cases where the Council of Ministers decides to suspend or halt work in the State's public facilities to protect security, public peace or public health, as required…
- Article 18Where a time limit is prescribed by law for appearance or for taking a procedural step within it, an additional period of sixty days on account of distance shall be…
- Article 19A procedural act shall be void if the law provides for its nullity, or if it is affected by a material defect resulting in harm to the opposing party. Nullity shall not…
- Article 20Nullity may be invoked only by the person for whose benefit it was prescribed, and nullity may not be invoked by the litigant who caused it, all of the foregoing except…
- Article 21A void procedural act may be corrected even after nullity has been invoked, provided that this is done within the time limit prescribed by law for taking the procedural…
- Article 22The judge of temporary matters at the Court of First Instance shall be the president of the court, the person acting in his place, or one of its judges assigned for that…
- Article 22 مكرر(1) Repealed Book Two: Litigation before the Courts Part One: Jurisdiction and Assessment of the Value of the Action Chapter One: International Jurisdiction of the Courts
- Article 23Kuwaiti courts shall have jurisdiction to hear actions brought against a Kuwaiti and actions brought against a foreigner who has a domicile or place of residence in…
- Article 24Kuwaiti courts shall have jurisdiction to hear actions brought against a foreigner who has no domicile or place of residence in Kuwait in the following cases: a- If he…
- Article 25Kuwaiti courts shall have jurisdiction over inheritance matters and actions concerning estates in the following cases: a- If the succession opened in Kuwait. b- If the…
- Article 26Kuwaiti courts shall have jurisdiction to adjudicate the action, even if it does not fall within their jurisdiction under the preceding Articles, if the opposing party…
- Article 27If an action falling within their jurisdiction is brought before the Kuwaiti courts, they shall also have jurisdiction to adjudicate preliminary matters and incidental…
- Article 28If the defendant fails to appear and the Kuwaiti courts lack jurisdiction to hear the action under the preceding articles, the court shall rule of its own motion that it…
- Article 29The Summary Court shall have jurisdiction to adjudicate at first instance civil and commercial actions whose value does not exceed five thousand dinars, and its judgment…
- Article 30The Summary Court shall not have jurisdiction to adjudicate an incidental claim or a claim connected with the original claim if, by reason of its value or nature, it…
- Article 31A judge at the level of the Summary Court shall be assigned at the seat of the Court of First Instance to rule provisionally and without prejudice to the substantive…
- Article 32The urgent matters judiciary shall have jurisdiction to order judicial receivership over movable property, immovable property, or a collection of assets concerning which…
- Article 33If the judgment ordering receivership is silent as to the receiver's obligations, rights and powers, the following provisions shall apply: a- The receiver shall…
- Article 34The Court of First Instance shall have jurisdiction to adjudicate at first instance civil and commercial actions that do not fall within the jurisdiction of the Summary…
- Article 35The Court of First Instance shall have jurisdiction to adjudicate an incidental application or an application connected with the original application, whatever its value…
- Article 36The High Court of Appeal shall have jurisdiction to adjudicate appeals brought before it against judgments issued at first instance by the Court of First Instance.…
- Article 37The value of the action shall be assessed as at the day on which it is filed. In all cases, the assessment shall be based on the parties’ latest claims.
- Article 38The assessment of the value of the action shall include compensation, the quarter, expenses and other accessories of assessed value due on the day it is brought.…
- Article 40If the action seeks validation, annulment or rescission of a contract, its value shall be assessed according to the value of the subject matter of the contract. For…
- Article 41If the action is between a creditor and his debtor concerning an attachment or an ancillary right in rem, its value shall be assessed at the value of the debt or the…
- Article 42Actions for authentication of signatures and original forgery actions shall be valued at the value of the right established in the instrument in respect of which a…
- Article 43 مكررThe value of compensation actions arising from civil liability brought against the air carrier shall be assessed in the equivalent of Special Drawing Rights units, at…
- Article 44If the action concerns a claim that cannot be valued according to the foregoing rules, its value shall be deemed to exceed five thousand dinars.
- Article 45 مكررRecourse may be had to the (electronic litigation system) of the court registry, using the approved electronic signature. This system includes filing statements of…
- Article 47The Registry shall register the action on the day the statement of claim is submitted in the register designated for that purpose and shall set the date of the hearing…
- Article 48The period for appearance before the summary courts, courts of first instance and courts of appeal shall be five days. In cases of necessity, this period may be reduced…
- Article 49Upon the defendant's application, the action may be deemed never to have been brought if the defendant has not been summoned to appear within ninety days from the date…
- Article 50If an action is brought within six months of the deceased's death, the plaintiff may deposit its statement of claim with the court registry and serve it on the heirs…
Articles 51 – 10043
- Article 51If the plaintiff and the defendant appear before the court of their own accord and present their dispute to it, the court may hear the action immediately and decide it…
- Article 53A decision of the Minister of Justice shall specify the procedures for establishing the plaintiff’s knowledge of the hearing date, the administrative time limit to be…
- Article 54The litigants shall appear in person on the day designated for hearing the action, or lawyers whom they appoint shall appear on their behalf. The court may accept as…
- Article 55As soon as a power of attorney is issued by a litigant, the domicile of his attorney shall be recognized for service of the documents necessary for the progress of the…
- Article 56A power of attorney for litigation confers upon the agent authority to perform the acts and procedures necessary to bring and pursue the action or defend it, to take…
- Article 57Everything stated by the agent at the hearing in the presence of his principal shall be equivalent to a statement by the principal himself, unless he denies it during…
- Article 59If neither the plaintiff nor the defendant appears at the first hearing or at any other hearing, the court shall decide the action if it is ready for judgment;…
- Article 60In actions in which the judgment is final, if the defendant alone fails to appear at the first hearing or to submit a memorandum of defence, and has not been personally…
- Article 61The plaintiff may not, at a hearing at which his opponent fails to appear, present new claims or amend the original claims, unless the amendment is exclusively for the…
- Article 62If, in the defendant's absence, the court finds that service of the statement of claim on him was invalid, it must adjourn the action to a subsequent hearing of which…
- Article 63If the absent litigant appears before the end of the hearing, every judgment rendered against him therein shall be deemed never to have existed.
- Article 64The hearing shall be public unless the court, of its own motion or at the request of one of the parties, considers that it should be conducted in private to preserve…
- Article 65Maintaining order at and managing the hearing are entrusted to its presiding judge, who shall direct questions to the litigants and witnesses. The members sitting with…
- Article 66The presiding judge shall order a record to be drawn up of every offence committed during the hearing and of such investigative measures as he considers should be taken.…
- Article 67The court shall begin by seeking reconciliation between the litigants. If reconciliation is not achieved, it shall order that the claims or defences presented orally by…
- Article 69If either party to the litigation submits a document that he could have submitted within the time limits prescribed in Article )46(, and this results in postponement of…
- Article 70The court may impose on any litigant who fails to deposit documents or perform any procedural act within the time limit it has set for him a fine of not less than fifty…
- Article 71A judgment imposing a fine pursuant to the provisions of the preceding two articles shall be enforced after the person against whom it was issued has been notified by a…
- Article 72Except in cases of necessity, the court may not adjourn the action for a period exceeding three (1) The first paragraph amended pursuant to Decree-Law No. 133 of 2025…
- Article 73The parties may, at any stage of the action, request the court to record any settlement or other agreement they have reached in the hearing minutes, to be signed by them…
- Article 74In cases involving the application of foreign law, the court may require the litigants to submit the provisions on which they rely, accompanied by an official…
- Article 76A decision of the Minister of Justice shall specify the procedures to be followed by court employees in implementing court decisions, and the disciplinary sanctions and…
- Article 77A plea to refer the action to another court on grounds of connection, a plea of nullity unrelated to public order, and all other procedural pleas unrelated to public…
- Article 78A plea that the court lacks jurisdiction owing to the absence of its judicial authority or because of the type or value of the action may be raised at any stage of the…
- Article 79A plea for referral on grounds of connection may be raised before either court, and the court to which the action is referred shall be obliged to hear it. If the court…
- Article 80Invalidity of service of statements of claim and summonses arising from a defect in service, in the designation of the court or in the date of the hearing shall be cured…
- Article 81A plea that the action is inadmissible may be raised at any stage of the action. If the court of first instance considers that the plea of inadmissibility of the action…
- Article 82A plea that the action may not be heard because it has previously been adjudicated may be raised at any stage of the action, and the court shall rule on it of its own…
- Article 83The court shall rule on the defences separately unless it orders that they be joined to the merits, in which case the court shall state its ruling on both the defence…
- Article 85The plaintiff or the defendant may submit incidental claims connected with the original claim in such a manner that the proper administration of justice warrants their…
- Article 86A party may join to the action anyone who could properly have been made a party to it when it was instituted, and may join a guarantor to it whenever a ground giving…
- Article 87Any interested person may intervene in the action by joining one of the parties or by seeking judgment in his own favor on a claim connected with the action. This shall…
- Article 89 مكررIf it appears to the court that one of the original or incidental claims, or part of either, is admitted before it, it may give judgment thereon at the request of the…
- Article 90The court shall order a stay of the proceedings if it considers that judgment on their merits should depend on the determination of Feature No. 36 of 2002 (1) The first…
- Article 91Proceedings may be stayed on the basis of the litigants' agreement not to proceed with them for a period not exceeding six months from the date of the court's approval…
- Article 92Proceedings shall be interrupted by operation of law upon the death of a litigant, his loss of capacity to litigate, or the cessation of the capacity of a representative…
- Article 93The action shall resume in respect of the party affected by the cause of interruption through a summons to appear served upon the person replacing the person who died,…
- Article 94If a ground for interruption arises after the close of pleadings in the action, the court may decide it on the basis of the statements and final requests, or reopen…
- Article 95Any interested litigant may, where the action is not proceeded with owing to an act or omission of the plaintiff, request a judgment declaring the proceedings lapsed…
- Article 96An application for a judgment declaring the lapse of the proceedings shall be submitted—by the ordinary procedures for bringing an action—to the court before which the…
- Article 98The proceedings shall—in all cases—lapse upon the passage of three years since the last valid procedural act therein.
- Article 99The plaintiff may discontinue the proceedings by notice served on his adversary, by an express statement in a memorandum signed by him or his representative and brought…
- Article 100If a litigant, while the proceedings are pending, expressly or implicitly relinquishes a procedural act or a procedural document, the act or document shall be deemed…
Articles 101 – 15048
- Article 102A judge shall be disqualified from considering the case and prohibited from hearing it, even if none of the litigants seeks his recusal, in the following circumstances:…
- Article 103A judge’s act or adjudication shall be void in the circumstances referred to in the preceding Article, even if carried out by agreement of the litigants. If such nullity…
- Article 104A judge may be recused for any of the following reasons: - a- If he or his wife has an action similar to the action he is hearing. Or if a dispute arises between either…
- Article 106If a ground for recusal exists in respect of a judge and he does not withdraw, a litigant may request his recusal. Recusal shall be sought by a declaration filed with…
- Article 107An application for recusal must be submitted before any plea or defence in the case; otherwise, the right thereto shall lapse. Nevertheless, recusal may be sought if its…
- Article 108The Registry Department must submit the recusal statement to the President of the Court. If the person whose recusal is sought is the President, the statement shall be…
- Article 109Submission of the first application for recusal shall entail a stay of the original action until the application is finally adjudicated. Nevertheless, the court…
- Article 109 مكررThe submission of any further application for recusal, whether by the litigant who made the first application for recusal or by another litigant, shall not entail a stay…
- Article 110If the recusal of all or some of the judges of the Court of First Instance is requested such that an insufficient number remains to adjudicate, the recusal application…
- Article 111An applicant for recusal may appeal the judgment rendered on his application concerning the recusal of a judge of the Summary Court or the Court of First Instance, even…
- Article 112Deliberations on judgments shall be secret among the judges meeting together. No judges other than those who heard the pleadings may participate in them. Judgments shall…
- Article 113The court may not, during deliberations, hear one of the litigants except in the presence of the other litigant. Likewise, no papers or memoranda may be accepted from…
- Article 114Once pleadings in the action have concluded, the court shall adjudicate it or defer the delivery of judgment to another imminent hearing that it shall designate. It may…
- Article 115Judgment shall be pronounced by reading its operative part in a public hearing. Judgments must contain the reasons on which they are based; otherwise, they shall be…
- Article 116The judgment shall state the court that issued it, the date and place of its issuance, whether it was issued in a commercial matter or an urgent matter, the names of the…
- Article 117The presiding judge and the session clerk shall sign the original copy of the judgment containing the facts of the case, the reasons and the operative part, within three…
- Article 119When issuing the judgment that concludes the dispute before it, the court shall rule of its own motion on the costs of the action. Such costs, including compensation for…
- Article 119 مكررThe court shall assess lawyers' fees upon the request of the party in whose favor judgment is rendered, within the limits of his requests and in light of the actual fees…
- Article 120If each of the two litigants is unsuccessful in some claims, judgment may be rendered requiring each litigant to bear the costs he has paid, or dividing the costs…
- Article 121The court may order the litigant who prevailed in the action to bear all or part of the costs if the right was admitted by the judgment debtor, or if the judgment…
- Article 122If the sole purpose of an action or a defence therein is vexation, compensation may be awarded against the person who intended that purpose. The court that heard the…
- Article 123The costs of the action shall be assessed by an order upon a petition submitted by the judgment creditor to the presiding judge of the panel that delivered the judgment.…
- Article 124The court may, by a decision issued at the request of a litigant or on its own motion, without oral argument, correct purely material errors, whether clerical or…
- Article 125If the operative part of a judgment contains obscurity or ambiguity, any of the litigants may request the court that issued it to interpret it, and the application shall…
- Article 126If the court omits to rule on some of the substantive claims, the interested party may summon his opponent to appear before it for consideration and adjudication of that…
- Article 127Judgments may be challenged only by the party against whom judgment was rendered, and may not be challenged by anyone who has accepted the judgment expressly or…
- Article 128Judgments issued during the course of proceedings which do not terminate the litigation may not be challenged until the judgment terminating the entire litigation has…
- Article 129The period for challenging a judgment shall commence on the date of its issuance unless the law provides otherwise. This period shall commence on the date the judgment…
- Article 130The time limit for appeal shall be suspended upon the death of the judgment debtor, his loss of capacity to litigate, or the cessation of the capacity of the person…
- Article 132Notice of the challenge shall be served on the opposing party personally, at his original domicile, at his workplace, or at his elected domicile specified in the…
- Article 134Only the person who lodges a challenge shall benefit from it, and it may be invoked only against the person against whom it is lodged. However, if the judgment is…
- Article 135The appellant or the respondent may—after judgment in the appeal has been rendered—request the competent court to award him damages, if the author of the appeal or the…
- Article 135 مكررIf the challenged judgment is set aside for nullity, and that nullity arises from a cause connected with service of the statement instituting the action, the court…
- Article 136A decision of the Minister of Justice shall determine the procedures governing the request for the file of the action in which the judgment challenged was rendered and…
- Article 137An appeal shall be brought by a statement filed with the Registry of the court before which the appeal is brought, in accordance with the procedures prescribed for…
- Article 138Except in cases excluded by law, the parties may appeal judgments of the courts of first instance issued in their original jurisdiction. Nevertheless, judgments issued…
- Article 139Judgments rendered in urgent matters may be appealed, regardless of the court that rendered them.
- Article 140The value of the action for purposes of the appeal threshold shall be assessed in accordance with the provisions of Articles (from 37 to 44). Undisputed claims and…
- Article 141The time limit for appeal shall be thirty days unless the law provides otherwise. The time limit shall be fifteen days in urgent matters, regardless of the court that…
- Article 142If the judgment was rendered on the basis of fraud committed by the opposing party, a forged document, false testimony, or the failure to disclose a decisive document in…
- Article 143The respondent to an appeal may, until the close of pleadings, bring a cross-appeal either through the ordinary procedures, by a memorandum containing the grounds of his…
- Article 144The appeal transfers the action in the condition it was in before the appealed judgment was rendered, only in respect of the matters appealed. The court shall consider…
- Article 145An appeal against the judgment rendered on the alternative claim necessarily entails an appeal against the judgment rendered on the principal claim. In this case, the…
- Article 146If the appellant abandons the appeal proceedings, the court shall in all cases rule to accept the abandonment of the proceedings if the appellant has waived the right to…
- Article 147The rules and procedures applicable to actions before the court of first instance shall apply to appeals, unless the law provides otherwise. Chapter Three Petition for…
- Article 148The parties may petition for reconsideration of judgments issued as final in the following cases: a - If the opposing party committed fraud capable of affecting the…
- Article 149The time limit for the petition shall be thirty days. In the cases provided for in paragraphs (a, b and c) of the preceding Article, it shall begin only on the day on…
- Article 150A petition for reconsideration shall be brought before the court that issued the judgment by a pleading deposited with its Registry in accordance with the procedures…
Articles 151 – 20048
- Article 151The court shall first determine the admissibility of the petition. If it admits it, it shall schedule a hearing for argument on the merits without the need for fresh…
- Article 152Litigants may challenge by cassation judgments issued by the Court of Appeal if the value of the action exceeds thirty thousand dinars( or its value is unquantified, in…
- Article 153The time limit for an appeal in cassation shall be sixty days. It shall be brought by a petition deposited with the Registry of the Court of Cassation or of the court…
- Article 154The Registry shall enter the appeal in the register maintained for that purpose on the day the petition and its attachments are submitted. No later than the following…
- Article 155The Court shall decide the appeal, even in the absence of the parties, and without oral argument, unless the Court considers this necessary, in which case it may hear…
- Article 156When the court rules to quash the challenged judgment, it must decide the merits, unless it has quashed the judgment because it contravenes the rules of jurisdiction, in…
- Article 157The rules and procedures applicable to appeals (1) Amended pursuant to Law No. 47 of 1994 (2) Amended pursuant to Law No. 47 of 1994 (3) Amended pursuant to Law No. 47…
- Article 158A person against whom the judgment rendered in the action is binding, and who was neither joined nor intervened therein, may object to that judgment provided that he…
- Article 159The objection shall be brought before the court that rendered the judgment, in accordance with the ordinary procedures for bringing an action. Its statement shall…
- Article 160An objection may be lodged in the form of an incidental application ancillary to a pending action, unless the court lacks jurisdiction over it by reason of the type or…
- Article 161The right to object to the judgment shall remain unless the objector's right is extinguished by lapse of time.
- Article 162An objection to the judgment shall not stay enforcement unless the court before which it is brought orders a stay for serious reasons. An objection to the judgment shall…
- Article 163In cases in which the law permits obtaining an order on petition by requesting it from the judge of interim matters at the competent court or from the presiding judge of…
- Article 164The applicant, if an order rejecting his application is issued, and the person against whom the order is issued shall have the right to lodge a grievance before the…
- Article 165A grievance against the order shall not stay its enforcement. Nevertheless, the court or the judge may order a temporary stay of enforcement in accordance with the…
- Article 166By exception to the general rules for instituting actions, the provisions of the following Articles may be followed through ordinary methods or electronic methods…
- Article 167The creditor must first demand that the debtor pay, allowing a period of at least ten days, and then obtain a payment order from the judge of the Summary Court or the…
- Article 168If the judge considers that not all of the applicant’s requests should be granted, or considers that the order should not be issued for any other reason, he shall…
- Article 169The debtor shall be personally served at his original domicile or place of work with the petition and the payment order issued against him. He may be served with both by…
- Article 170The debtor may lodge a grievance against the order within ten days from the date it is served on him. The grievance shall be brought before the Summary Court or the…
- Article 171The rules concerning expedited enforcement shall apply to the payment order and to the judgment issued on the grievance against it, according to the circumstances…
- Article 172If a creditor within the meaning of Article (166) wishes to impose a conservatory attachment or attach the debtor's property held by a third party, the ordinary…
- Article 173Arbitration may be agreed upon in a specific dispute, and arbitration may also be agreed upon in all disputes arising from the performance of a specific contract.…
- Article 174An arbitrator may not be a minor, a person under interdiction, a person deprived of his civil rights by reason of a criminal penalty, or a bankrupt who has not been…
- Article 176Arbitrators may not be authorized to effect a settlement, nor may they render an award as arbitrators empowered to settle, unless they are named in the arbitration…
- Article 178Without prejudice to the provisions of the preceding article or any other law, the arbitrator must accept the performance of his mandate. Acceptance shall be established…
- Article 179Within no more than thirty days of accepting the arbitration, the arbitrator shall notify the litigants of the date of the first hearing scheduled to consider the…
- Article 180Proceedings before the arbitrator shall be interrupted if any of the grounds for interruption of proceedings prescribed in this Law arises. The interruption shall have…
- Article 181If the parties do not stipulate in the arbitration agreement a time limit for the award, the arbitrator shall render his award within six months from the date on which…
- Article 182The arbitrator shall issue his award without being bound by procedural rules except as stipulated in this Part. Nevertheless, the parties may agree on specific…
- Article 183The arbitrators’ award shall be issued by a majority of opinions and must be in writing. It must include, in particular, a summary of the arbitration agreement, a…
- Article 183 مكررThe arbitrator shall have jurisdiction to correct purely material clerical or arithmetical errors in his award and to interpret it if its operative part contains…
- Article 184The original award, even if issued ordering an investigative measure, shall be deposited together with the original arbitration agreement with the Registry of the court…
- Article 185An arbitrator’s award shall not be enforceable except by an order issued by the president of the court with whose Registry the award was deposited, upon the application…
- Article 186An arbitrator's award may not be appealed unless the parties agree otherwise before its issuance. The appeal shall then be brought before the Court of First Instance…
- Article 187An action for annulment shall be brought before the court originally competent to hear the dispute, in accordance with the ordinary procedures for bringing an action,…
- Article 188The filing of an action for annulment shall not entail a stay of enforcement of the arbitrator’s award. Nevertheless, the court hearing the action may, upon the…
- Article 189Enforcement Department: Enforcement and service of its notices shall be entrusted to the Enforcement Department unless the law entrusts any such matter to another…
- Article 190Compulsory enforcement is permissible only pursuant to an enforcement instrument for the recovery of a right that is established, specified in amount, and due for…
- Article 191In urgent matters or in circumstances where delay is harmful, the court may, upon the application of the interested party, order enforcement of the judgment on the basis…
- Article 192Judgments may not be compulsorily enforced as long as they remain open to appeal, unless expedited enforcement is provided for by law or ordered in the judgment.…
- Article 193Expedited enforcement is mandatory by operation of law in the following cases: (a) Judgments rendered in urgent matters, regardless of the court that rendered them. (b)…
- Article 194The court may, at the request of an interested party, order that its judgment be provisionally enforceable, with or without security, in the following cases:— a- If the…
- Article 195Expedited enforcement by operation of law or by judgment of the court shall also extend to the accessories of the principal claim and to the costs of the action. It…
- Article 196Fulfilment of the security requirement: In cases where a judgment or order may be enforced only upon provision of security, the person required to provide it shall have…
- Article 197The person required to provide security shall give notice of his choice either through an enforcement officer in a separate document or within the notice of the…
- Article 199Enforcement in Kuwait of judgments and orders issued in a foreign country may be ordered under the conditions prescribed in that country for the enforcement of judgments…
- Article 200The provision of the preceding Article shall apply to arbitral awards issued in a foreign country. The arbitral award must have been issued in a matter that may be…
Articles 201 – 25045
- Article 201Documents authenticated in a foreign country may be ordered to be enforced in Kuwait under the same conditions prescribed in the law of that country for the enforcement…
- Article 202The enforcement order referred to in the preceding Article shall be requested by a petition submitted to the Director of the Enforcement Department. Enforcement may be…
- Article 204Execution must be preceded by service of the enforceable instrument upon the person against whom execution is sought (the debtor) in accordance with the provisions of…
- Article 204 مكررIf the debtor fails to discharge the debt owed to the creditor after being served notice thereof, the Director of the Enforcement Department or the judges assisting him…
- Article 204 مكرراIf the debtor disposes of his property without consideration or at substantially less than its price or value at which it is traded in the market, after the date on…
- Article 205The process server or enforcement officer, as the case may be, shall—upon service of the writ of execution or at any stage of the proceedings—receive payment of the debt…
- Article 206Enforcement shall be carried out by enforcement officers, who are obliged to carry it out at its prescribed times whenever the person concerned so requests. They may not…
- Article 207If resistance or assault against the enforcement officer occurs, he must take all precautionary measures and request the assistance of the public force.
- Article 208Whoever is subrogated, by law or agreement, to the creditor's right shall take his place in the enforcement procedures already taken. If the debtor dies or loses his…
- Article 209A third party may neither perform what is required under the writ of execution nor be compelled to perform it until the debtor has been served with notice of the…
- Article 211An objection to enforcement may be brought before enforcement commences. For the objection to be admissible, it must be brought before enforcement is completed, and the…
- Article 212If an objection arises during enforcement and the relief sought therein is provisional, the enforcement officer may stay enforcement or proceed with it as a precaution,…
- Article 214If the court decides to strike out the execution objection pursuant to Article (59), or orders its stay pursuant to Article (70), the effect of staying execution…
- Article 216Without prejudice to the provisions of any other law, the following may not be attached: a - Public or private property owned by the State. b - The clothing needed by…
- Article 217If the attachment is not completed in one day, it may be completed on a subsequent day or days, provided that they are consecutive. The officer shall take the measures…
- Article 218At any stage of the proceedings before the auction is awarded, a sum of money equal to the debts for which attachment was imposed and their accessories may be deposited…
- Article 219If the value of the right for which attachment has been imposed is disproportionate to the value of the attached assets, the debtor may request the judge of urgent…
- Article 220If the attachment is manifestly void, any interested person may request from the judge of urgent matters, against the attaching creditor, a judgment disregarding the…
- Article 221Neither the debtor, nor judges, members of the Public Prosecution, employees of the courts or bodies assisting the judiciary, nor lawyers acting as agents for the person…
- Article 222Without prejudice to the provisions of any other law, a creditor whose debt is established and due for payment may impose a precautionary attachment on his debtor’s…
- Article 223The owner of movable property, and anyone having a right in rem over it or a right to retain it, may impose a precautionary attachment upon it in the hands of whoever…
- Article 224If the creditor does not hold an enforceable instrument or his debt is not of a specified amount, attachment shall be permissible only by an order of the judge of…
- Article 225The rules and procedures stipulated in Chapter Four of this Part shall be followed in the precautionary attachment of movables, except those relating to setting the day…
- Article 227Any creditor whose debt is established and due for payment may attach movables or debts belonging to his debtor in the hands of third parties, even if they are deferred…
- Article 228The procedure for attachment of movables in the debtor's possession provided for in Chapter Four of this Part may be followed when attaching the debtor's movables in the…
- Article 230Attachment shall be effected by a notice served by the enforcement officer on the garnishee—prior service on the debtor is not required—and the notice shall contain the…
- Article 231The attachment must be notified to the attachment debtor by service upon him through the methods provided for in this Law. The notice shall state that the attachment has…
- Article 232The attachment debtor may bring an action seeking discharge of the attachment before the competent court. The bringing of this action may not be invoked against the…
- Article 234If the deposit is not made in accordance with the preceding Article or Article (218), the garnishee must declare what is owed by him at the Enforcement Department before…
- Article 235If the garnishee dies, loses his capacity, or ceases to have his status, or his representative ceases to have his status, the attaching creditor may serve the…
- Article 236If an action disputing the declaration of indebtedness is brought by the attaching creditor, the attaching creditor shall not be regarded as a third party with respect…
- Article 237If the garnishee fails to declare what he owes in the manner prescribed by law, submits an insufficient declaration, makes an untruthful declaration, or conceals the…
- Article 238Ten days after the date of his declaration of indebtedness, the garnishee shall pay the attaching creditor the amount he acknowledged or so much thereof as satisfies the…
- Article 239If payment is not made in accordance with the preceding article, nor a deposit made pursuant to Articles 218 and 233, the attaching creditor may enforce against the…
- Article 240If the attachment is on movables, they shall be sold under the procedures prescribed for the sale of movables attached in the debtor's possession without the need for a…
- Article 241A creditor may effect an attachment in his own hands upon what he owes to his debtor. This shall be by notice to the debtor containing the particulars required to be…
- Article 242Attachment shall be effected by a report drawn up at the place where it is imposed. In addition to the particulars required in service documents, it shall contain the…
- Article 243If attachment is levied on ornaments or ingots of gold, silver, or another precious metal, or Law Index 657 Home Page Law of Procedure Decree-Law No. 38 of 1980…
- Article 244The enforcement officer shall appoint a custodian for the attached items, and shall select the custodian if the attaching creditor or the attachment debtor does not…
- Article 245If the custodian is present at the time of attachment, the attached things shall be delivered to him at the place of their attachment after he signs the attachment…
- Article 246A custodian other than the debtor or the possessor shall be entitled to remuneration for his custody, and that remuneration shall enjoy the priority of judicial expenses…
- Article 247The custodian may not use, exploit or lend the attached items or expose them to damage; otherwise, he shall be deprived of the custody remuneration, in addition to being…
- Article 248The custodian may not request to be relieved of the custodianship before the day fixed for the sale except for reasons requiring this. He shall be relieved by an order…
- Article 249If the enforcement officer proceeds to attach movables previously attached in the debtor’s possession, their custodian must show him a copy of the attachment report and…
- Article 250A creditor, even if he does not hold an enforceable instrument, may attach the proceeds of the sale in the hands of the enforcement officer in accordance with the rules…
Articles 251 – 30049
- Article 251Immediately upon completing the attachment, the enforcement officer must affix notices to the door of the place containing the attached items and to the boards…
- Article 252The sale shall take place where the attached items are located or at the place designated by the Enforcement Department for the sale of attached items, unless the…
- Article 253The sale shall be conducted by public auction, with bids called by the enforcement officer, on condition that the price is paid immediately. Exceptions to this condition…
- Article 254If no one comes forward to purchase the gold or silver articles or bullion, ornaments, jewelry, precious stones and appraised items at their value as assessed by…
- Article 255If the successful bidder does not pay the price immediately, the sale must be repeated at his risk in the foregoing manner, at whatever price, and he shall be liable for…
- Article 256If the sale of some of the attached items yields an amount sufficient to satisfy the debts for which the attachment was imposed, the remaining attached items may not be…
- Article 257660 Home Page Code of Procedure Decree-Law No. 38 of 1980 Promulgating the Code of Civil and Commercial Procedure If an action for recovery of the attached items is…
- Article 258The recovery action must be brought against the attaching creditor, the party whose property is attached and the intervening attaching creditors, and its statement of…
- Article 259The attaching creditor shall be entitled to proceed with enforcement if the court orders the action struck out or stayed pursuant to Article 70, or if it is deemed never…
- Article 260If a second recovery action is brought by the same claimant for recovery, and his first action was deemed never to have been brought, or a judgment was rendered deeming…
- Article 261Shares and bonds, if payable to bearer or transferable by endorsement, shall be attached in accordance with the procedures prescribed for attachment of movable property.…
- Article 262Shares, bonds, and the other items provided for in the preceding Article shall be sold through a bank, broker, or money changer appointed by the Director of the…
- Article 264The enforcement officer shall proceed, no later than the following day, to the Real Estate Registration and Authentication Department and register the application for…
- Article 265Within 7 days of attachment, the enforcement officer shall serve upon the debtor, the possessor and the real security surety a copy of the attachment application after…
- Article 266The Enforcement Department shall refer the enforcement file to the Court of First Instance immediately upon effecting the notices referred to in the preceding Article.…
- Article 267The sales judge shall be the judge assigned for that purpose from among the judges of the Court of First Instance.
- Article 268The notice of sale shall include the following particulars: a - The full name, occupation, domicile and workplace of each of the attaching creditor, the debtor, and the…
- Article 269A disposition of the immovable property by the debtor, the possessor, or the third-party security provider shall not be effective, nor shall any mortgage or preferential…
- Article 270If the real property is encumbered by a security in rem and has passed to a possessor under a contract registered before attachment, the possessor must, before…
- Article 271The persons concerned shall raise grounds of nullity in the notice provided for in Articles 266 and 268 by a declaration at the Registry of the Court of First Instance…
- Article 272The Sales Judge shall assess the expenses of enforcement proceedings, including lawyers' fees. This assessment shall be announced at the hearing before bidding opens and…
- Article 273On the day appointed for the sale, the sales judge shall conduct the auction, and it may not commence until it has been verified that the judgment pursuant to which…
- Article 274The person whose bid the judge approves must deposit, as soon as the sale hearing is convened, the full approved price, expenses and registration fees. In this case, the…
- Article 275At the request of any interested party, bidding may be postponed at the same price if there are compelling reasons for postponement. The judgment ordering postponement…
- Article 276The judgment awarding the auction shall be issued with the preamble of judgments, without reasons, and shall include a copy of the application for attachment of the real…
- Article 277The judgment awarding the auction may not be appealed except on account of a defect in the bidding procedures or in the form of the judgment, or because it was issued…
- Article 278The Registry of the Court of First Instance shall, at the request of an interested party, request the Real Estate Registration and Authentication Department to register…
- Article 279A third party may seek annulment of enforcement proceedings together with a claim to ownership of the attached property or part thereof, by an action brought under the…
- Article 280If the ownership claim concerns only part of the attached immovable properties, the sale shall not be stayed with respect to the remainder. Nevertheless, the judge of…
- Article 281If a third party establishes title to the property sold, the successful bidder shall be entitled to recover the price and compensation, if there are grounds therefor.…
- Article 282Once money held by the debtor has been attached, or the attached property has been sold, or ten days have elapsed from the date of the declaration of indebtedness in an…
- Article 283If the proceeds of enforcement are sufficient to satisfy all the claims of the attaching creditors and those deemed parties to the proceedings, the person holding these…
- Article 284If the enforcement proceeds are insufficient to satisfy all the entitlements of the attaching creditors and those deemed parties to the proceedings, the person holding…
- Article 285Distribution proceedings shall commence with the Director of the Enforcement Department preparing, at the request of an interested party, a provisional distribution…
- Article 286If an amicable settlement is not possible because some interested parties object, the Director of the Enforcement Department shall order their objections to be recorded…
- Article 287The Director of the Enforcement Department shall deposit with the said Department the final distribution list showing what is due to each creditor. Deposit shall take…
- Article 288Objections to the provisional list do not prevent the enforcement officer from ordering the delivery of payment orders to the creditors entitled thereto who rank ahead…
- Article 289In the case of enforcement by delivery of movable or immovable property, the enforcement officer shall proceed to the place where the thing is located to deliver it to…
- Article 290The enforcement officer shall notify the person obliged to vacate the real property of the day and time at which he will execute the eviction, at least three days before…
- Article 292The Director of the Enforcement Department or the judges assisting him shall, upon a petition submitted by the creditor holding a final judgment, final payment order or…
- Article 293The application for imprisonment shall be submitted to the Director of the Enforcement Department or one of the judges assisting him, accompanied by a copy of the writ…
- Article 293 مكررThe Director of the Enforcement Department or any of the judges assisting him shall, upon a petition submitted by the creditor 1( Added pursuant to Decree-Law No. 59 of…
- Article 294a- If he has not exceeded the age of twenty-one or has exceeded the age of sixty-five. b- If he has children who have not reached eighteen years of age and his spouse is…
- Article 295If the debtor is a private legal person, the imprisonment order shall be issued against the person to whom the refusal to comply is personally attributable. )3(
- Article 296The order issued for the imprisonment of the debtor shall lapse in the following cases: 1 - If the creditor agrees in writing to the discharge of the order. 2 - If, for…
- Article 297A creditor whose right is established and due for performance may, even before bringing the substantive action, request the Director of the Enforcement Department or a…
- Article 298The travel ban order shall remain in force until the debtor’s obligation to his creditor who obtained the order is extinguished—for any reason. Nevertheless, the…
- Article 299Formal tender shall be effected by serving notice on the creditor through a process server. The tender shall include a statement of its conditions, the thing tendered,…
- Article 300If the tender is refused and what is tendered is money or other things that can be moved and deposited in the treasury of the Enforcement Department, the process server…
Articles 301 – 3503
- Article 301Actual tender may be made at the hearing before the court without formalities if the person to whom the tender is made is present. If the subject of the tender is money…
- Article 302A tender not followed by a deposit shall not be adjudged valid unless the thing tendered and the ancillary amounts accrued up to the day of deposit have been deposited.…
- Article 303The debtor may withdraw a tender not accepted by his creditor and recover what he has deposited whenever he proves Law Index 672 Home Page Law of Procedure Decree-Law…