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

Cassation principles Personal Status

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 986 available principles

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  1. Principle 1The legislature's unrestricted grant of jurisdiction to the personal status circuit to determine all disputes relating to personal status. Its purpose. Making this jurisdiction encompass all disputes relating to or connePersonal Status · Source page ٣١٧
  2. Principle 2Division of the Personal Status Circuit into chambers. Internal organization. Its violation does not entail. A violation of the rules of subject-matter jurisdiction.Personal Status · Source page ٣١٧
  3. Principle 3The General Personal Status Chamber or the Jaafari Personal Status Chamber hearing cases falling within the work of the other. Does not violate the rules of subject-matter jurisdiction.Personal Status · Source page ٣١٧
  4. Principle 4Jurisdiction of the Personal Status Circuit to determine all matters relating to personal status matters. Gifts are personal status matters. Before the new Civil Code came into force. The school of Malik is the applicablPersonal Status · Source page ٣١٧
  5. Principle 5Exclusive jurisdiction of the Personal Status Court over actions concerning filiation and correction of names among disputes relating to personal status. Article 338 of Law 51/1984 AD.Personal Status · Source page ٣١٧
  6. Principle 6Jurisdiction of the Personal Status Court over a lineage action. Its criterion. The existence of a dispute over lineage whose resolution depends on the outcome of the examination concerning lineage. Example of the absencPersonal Status · Source page ٣١٧
  7. Principle 7Subject-matter jurisdiction is attributed in principle to the Court of First Instance, not to its circuits. Assignment of particular actions to the court’s various circuits by a decision of its general assembly. Merely aPersonal Status · Source page ٣١٨
  8. Principle 8A wife may bring an action for judicial divorce before the Kuwaiti courts whenever she has a domicile in Kuwait. The basis for this. - The judgment rejecting the plea of lack of jurisdiction of the Kuwaiti judiciary becaPersonal Status · Source page ٣١٨
  9. Principle 9Assessment of the value of the action in relation to the appeal threshold is based on the parties' latest claims. The reason therefor. - The final-instance monetary threshold of the Court of First Instance is 5,000 dinarPersonal Status · Source page ٣١٨
  10. Principle 10Subject-matter jurisdiction: attributed to the court, not its chambers. Assignment by the court’s general assembly of adjudication of particular actions to the court’s various chambers is not a matter of subject-matter jPersonal Status · Source page ٣١٩
  11. Principle 11Judgments issued in personal status matters. The general rule is that they are appealable regardless of the value of the dispute. Exception: matters relating to inheritance, wills, waqf, and dower. The judgment issued thPersonal Status · Source page ٣١٩
  12. Principle 12The legislature’s establishment of one personal-status circuit in the various courts to hear its disputes does not prevent their general assemblies from establishing more than one circuit to hear them and assigning each Personal Status · Source page ٣١٩
  13. Principle 13Determination of each judicial body's subject-matter jurisdiction. The determining factor is the relief sought by the plaintiff in the action. - Jurisdiction of the Personal Status Chamber. Confined to disputes whose resPersonal Status · Source page ٣١٩
  14. Principle 14The general assembly of the court may establish more than one chamber to hear disputes relating to personal status. Assigning certain chambers to hear a particular type of these disputes. Does not deprive all personal stPersonal Status · Source page ٣٢٠
  15. Principle 15Subject-matter jurisdiction in personal status cases. Vested in the personal status circuit of each court. Assigning one or more circuits to a particular type of personal status case. Its implication. The remaining circuPersonal Status · Source page ٣٢٠
  16. Principle 16Personal status circuits in the courts. Their subject-matter jurisdiction to hear personal status cases. Assignment of circuits to hear a particular type of personal status case by the general assembly of any court. Its Personal Status · Source page ٣٢٠
  17. Principle 17Household effects. Their nature. Dispute between spouses over jewelry. Jurisdiction of the Personal Status Circuit of the Court of First Instance and the Court of Appeal to hear it.Personal Status · Source page ٣٢٠
  18. Principle 18The subject-matter jurisdiction of each judicial body. Is determined by the relief sought by the claimant in his action. - Jurisdiction over an action for invalidity of dispositions. Lies with the civil circuit. The reasPersonal Status · Source page ٣٢٠
  19. Principle 19Division of work in personal status circuits between Sunni and Ja'fari circuits. Regarded as merely an administrative arrangement among personal status circuits. - The provision establishing a circuit to hear all personaPersonal Status · Source page ٣٢١
  20. Principle 20The Personal Status Circuit, whether at the Court of First Instance, the Court of Appeal, or the Court of Cassation. It alone, to the exclusion of the other circuits, has jurisdiction to apply the provisions of the PersoPersonal Status · Source page ٣٢١
  21. Principle 21The determining factor in identifying the jurisdiction of a judicial authority is the relief sought by the claimant in his action. - The female respondent’s request that she and the children in her custody be enabled to Personal Status · Source page ٣٢٢
  22. Principle 22Jurisdiction of the personal status circuits. Its condition. The dispute submitted to the court must relate to a provision of Law No. 51 of 1984. The female custodian’s request for delivery to her of her children’s passpPersonal Status · Source page ٣٢٢

  23. القانون الواجب التطبيق في مسائل الأحول الشخصية

    Principle 23Matrimonial effects are everything brought by both spouses together or by either of them that is required for use in the matrimonial home by either or both of them. Disputes over these effects. Their inclusion within perPersonal Status · Source page ٣٢٢
  24. Principle 24The law applicable to guardianship over the person and custody. The law of the father's nationality. Example. - The judgment's failure to mention the conflict-of-laws rule it applied to the facts of the case. No defect. Personal Status · Source page ٣٢٣
  25. Principle 25The Hanafi school. It is applicable under Jordanian law where there is no provision. The implication of this. Menstruation is one of the constituents of a female's puberty under Sharia, and upon reaching it she has capacPersonal Status · Source page ٣٢٣
  26. Principle 26Maintenance between relatives and relatives by marriage is governed by the law of the father’s nationality in relationships involving a foreign element. - Determination of the law applicable to the dispute. A defence invPersonal Status · Source page ٣٢٣
  27. Principle 27The law applicable to a divorce whose two parties are Egyptian. It is Egyptian law.Personal Status · Source page ٣٢٣
  28. Principle 28Kuwaitis of different schools of Islamic jurisprudence. Applicability of the school of Imam Malik to their personal status.Personal Status · Source page ٣٢٣
  29. Principle 29The law applicable to the effects produced by marriage, where the parties to the action are foreigners, is the law of the husband’s nationality at the time the marriage was contracted. What is intended is the substantivePersonal Status · Source page ٣٢٣
  30. Principle 30Determination of the applicable law in the case of stateless persons. Within the trial judge's authority. - 323 - Personal Status Law 5/1961 AD. - Law 51 of 1984 applies when one party to the action is of the Sunni schooPersonal Status · Source page ٣٢٣
  31. Principle 31Guardianship over the person and custody are governed by the law of the father's nationality in relationships involving a foreign element. - Reliance on foreign law is no more than a material fact. The litigants must addPersonal Status · Source page ٣٢٤
  32. Principle 32Foreign legislation is a mere fact. Adducing proof thereof. Is incumbent upon the party invoking it. Failure to submit an official copy thereof. Effect thereof. Correctness of the judgment’s application of Kuwaiti PersonPersonal Status · Source page ٣٢٤
  33. Principle 33Both parties being Syrian. The law applicable to them regarding guardianship over the person and custody. Is Syrian law. The basis thereof. The said law’s lack of a provision regulating the placement of children and theiPersonal Status · Source page ٣٢٤
  34. Principle 34Actions concerning guardianship of the person and custody. The law applicable thereto where the parents belong to different schools of jurisprudence. Law 51 of 1984 concerning Personal Status, considering that the fatherPersonal Status · Source page ٣٢٤
  35. Principle 35Invoking the application of foreign legislation is a material fact that must be proved. - 324 - Personal Status - Requiring the litigants to produce the provisions of the foreign law upon which they rely. Assessment of tPersonal Status · Source page ٣٢٤
  36. Principle 36The wife may bring an action for judicial divorce before the Kuwaiti courts whenever she has a domicile in Kuwait. The basis for this. - The judgment rejecting the plea that the Kuwaiti judiciary lacks jurisdiction becauPersonal Status · Source page ٣٢٥
  37. Principle 37Invoking foreign legislation is merely a fact. The party asserting it must adduce evidence of it before the trial court. - The female appellant’s failure to submit an official copy of Egyptian law despite invoking applicPersonal Status · Source page ٣٢٥
  38. Principle 38The husband's infertility is not a ground for separation between the spouses. The applicable Jordanian Personal Status Law and the school of Abu Hanifa contain no provision to that effect. The ruling dismissing the actioPersonal Status · Source page ٣٢٥
  39. Principle 39Kuwaitis differing in school of jurisprudence. Its effect. Application of Personal Status Law 51/1984 to the dispute between them.Personal Status · Source page ٣٢٥
  40. Principle 40The absence of specific rules of evidence in the Jordanian law applicable to the facts of the case. Effect thereof. Recourse must be had in this regard to the preponderant opinions in the school of Abu Hanifa. Basis therPersonal Status · Source page ٣٢٥
  41. Principle 41The law applicable to a divorce action. It is the law of the last nationality acquired by the spouses during the marriage and before the divorce or before the divorce action was brought. Absence of a common nationality. Personal Status · Source page ٣٢٦
  42. Principle 42Personal Status Law No. 51/1984. Its provisions apply only to those to whom the school of Imam Malik applies, to the exclusion of others.Personal Status · Source page ٣٢٦
  43. Principle 43One spouse’s harming the other in a manner rendering continued marital life impossible under the Jordanian Personal Status Law. A ground for separation between them. Such harm must be proved.Personal Status · Source page ٣٢٦
  44. Principle 44The spouses' adherence to the Ja'fari school. Its effect: application of its rules to them, including the rules of evidence. The statement of the wife living in the husband's home. It is accepted only with evidence; if sPersonal Status · Source page ٣٢٦
  45. Principle 45The provisions in respect of which reference is made to the law of the husband's nationality at the time the marriage was concluded. Their nature: the substantive provisions determining the effects of marriage in relatioPersonal Status · Source page ٣٢٦
  46. Principle 46Personal Status Law 51 of 1984. Its application as to persons is confined to those to whom the Maliki school applies, to the exclusion of others. - 326 - Personal Status - Matters connected with religious belief. RulingsPersonal Status · Source page ٣٢٦
  47. Principle 47Both parties to the action being Lebanese. The Lebanese Family Rights Law must be applied. The implication thereof. The law of the spouses' nationality applies to divorce, judicial divorce, and separation during marriagePersonal Status · Source page ٣٢٧
  48. Principle 48The judgment’s statement in its reasons that the Hanbali school governs the dispute because the spouses are Saudi nationals. Does not conflict with its additional statement that the position adopted by Kuwaiti law concerPersonal Status · Source page ٣٢٧
  49. Principle 49The law of the father's nationality. Its application to custody actions. The litigants being Saudi nationals. Saudi law must be applied to the dispute. Article 43 of Law 5 of 1961 Regulating Legal Relations Involving a FPersonal Status · Source page ٣٢٧
  50. Principle 50The husband's law at the time of contracting the marriage. Its application to judicial divorce and divorce. Invoking the application of foreign legislation. A mere material fact that must be proved. Article 40 of Law 5/1Personal Status · Source page ٣٢٧
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