Kuwait Court of Cassation principle number 23

Matrimonial 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 personal status matters. Article 73 of Law 51 of 1984 AD. - Disputes between spouses concerning movables in the matrimonial home. Personal status matters. Its necessary consequence. Exclusive jurisdiction of the personal status circuits at both levels of litigation and at the Court of Cassation to hear them, to the exclusion of the other circuits, whether the claim is for those effects in kind or their monetary equivalent. Article 345 of Law 51 of 1984 AD. - The rule is performance of the obligation in kind. Impossibility of performance in kind or the debtor’s procrastination in performance. The creditor has the right to request performance by payment of the monetary equivalent of his entitlement. Its implication. The obligation to pay the monetary equivalent takes the same legal treatment as the original obligation. Its consequence. Jurisdiction over both the original and the alternative obligation lies with a single court. Example. - 322 - Personal Status The law applicable to personal status matters: