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. - بوجه عام

    Principle 919Extinguishment of the right to custody if it is not claimed for one year. Its case: where the female custodian marries an unrelated man, he consummates the marriage with her, and the person entitled to custody learns of Personal Status · Source page ٤٩٧
  2. Principle 920A defense intertwined with facts. It may not be raised for the first time before the Court of Cassation. Example: the contention that the respondent is not entitled to rent for a custody dwelling because she owns a privaPersonal Status · Source page ٤٩٧
  3. Principle 921The female custodian’s right to collect the minor’s maintenance. Its condition: that he actually be in her care. The reason thereof. The challenged judgment’s contravention thereof and award of maintenance from the date Personal Status · Source page ٤٩٧
  4. Principle 922Custody under the Ja‘fari school. A right of the mother if she so wishes. It lapses upon her relinquishment of it and merely upon her marriage to a stranger to the child in custody, even if the second husband separates fPersonal Status · Source page ٤٩٨
  5. Principle 923Disagreement between the female custodian and the guardian of the child in custody on matters other than those concerning his service. The decision rests with the guardian in choosing the most suitable type of education Personal Status · Source page ٤٩٨
  6. Principle 925Guardianship of a female who has reached seven years—in Hanbali jurisprudence—belongs to her father. The reason: he is better able to protect her and more entitled to her guardianship than others, and because her hand inPersonal Status · Source page ٤٩٨
  7. Principle 926The female custodian's marriage to a person who is not a mahram of the child in custody, and his consummation of the marriage with her. Its effect. Forfeiture of her right to custody. - 498 - Personal Status The person ePersonal Status · Source page ٤٩٨
  8. Principle 928Ascertaining the facts of the action, assessing evidence and documents, assessing the requirements of fitness for custody or its transfer, and assessing maintenance of all kinds. Within the independent discretion of the Personal Status · Source page ٤٩٩
  9. Principle 929Guardianship over the person. Belongs to the father, then the agnatic grandfather, then the agnate in his own right according to the order of inheritance, provided he is a mahram. - Guardianship over the person. The genePersonal Status · Source page ٤٩٩
  10. Principle 930Custody. Puberty, sanity, trustworthiness, and the ability to raise and care for the ward are presumed unless otherwise established. - Assessment of the grounds for forfeiture of custody or fitness for it. Questions of fPersonal Status · Source page ٥٠٠
  11. Principle 931The challenged judgment’s conclusion that the female custodian who was granted the right of residence in that capacity in the disputed property is entitled to partition off the portion meeting the need. Its not relying oPersonal Status · Source page ٥٠٠
  12. Principle 933A boy attaining the age of seven under the Hanbali school. Its effect. Giving him a choice, provided he is of sound mind, between his two sons. The entitlement of whichever of them he chooses to care for him. The reason Personal Status · Source page ٥٠٠
  13. Principle 934Women's custody of a boy. It ends when he reaches seven years of age and he is placed with his father. The father's failure to request that the minor be placed with him. Its effect. He is compelled to take him. The reasoPersonal Status · Source page ٥٠١
  14. Principle 935A foreign judgment issued in matters of capacity and status. Has res judicata effect before Kuwaiti courts without requiring an enforcement endorsement. The reason. It is a legal fact that must be recognized and does notPersonal Status · Source page ٥٠١

  15. - أجر الحضانة

    Principle 939Custody accommodation allowance. The person liable for it is the minor's father, without anyone else sharing that liability. Exemption from it. Its condition.Personal Status · Source page ٥٠٢
  16. Principle 940Definition of custody and its scope in respect of male and female children. - When the female custodian is entitled to remuneration for undertaking custody.Personal Status · Source page ٥٠٢
  17. Principle 941Rent for the minor's custody dwelling. Part of his maintenance. Its subject matter and the cause for its imposition differ from the consolatory payment due to a divorced woman after the end of her waiting period as compePersonal Status · Source page ٥٠٢
  18. Principle 942Continuation of custody because its grounds subsist. Its effect. It is impermissible to contend that the female custodian is not entitled to her remuneration. Argument - 502 - Personal Status concerning that is factual.Personal Status · Source page ٥٠٢
  19. Principle 944Custody. Its nature. - The female custodian's entitlement to remuneration unless she is the wife of the father of the child in custody, is observing a waiting period, or acts gratuitously.Personal Status · Source page ٥٠٣
  20. Principle 945Entitlement of the female custodian married to a stranger to custody remuneration so long as the child is in her care. The reason thereof.Personal Status · Source page ٥٠٣

  21. - أجر مسكن الحضانة

    Principle 951Rent for the dwelling for the custody of a minor. Borne by his father unless the female custodian owns a dwelling in which she actually resides or one has been allocated for her residence. Meaning of ownership. OwnershipPersonal Status · Source page ٥٠٤
  22. Principle 952The allowance for accommodation for custody of the minor is part of his maintenance. A claim for comprehensive maintenance for the minor includes a claim for a custodial accommodation allowance. - Appealing a first-instaPersonal Status · Source page ٥٠٤
  23. Principle 953The female custodian is not entitled to remuneration for custody if she is the father's wife, is observing her waiting period following separation from him, is entitled to maintenance from him, or is within the period ofPersonal Status · Source page ٥٠٤
  24. Principle 954The person obliged to maintain the child in custody has no power to change the custody residence at his own will. Appeal. To provide an alternative residence satisfying the conditions that make it suitable as a custody rPersonal Status · Source page ٥٠٤
  25. Principle 955The female custodian's right to the minor's maintenance, including the custodial accommodation allowance, and she has standing to claim the accommodation designated for custody of the minor. An example.Personal Status · Source page ٥٠٤
  26. Principle 956The cost of the minor's accommodation forms part of the maintenance owed to him; the female custodian is not liable for any of it unless she owns a dwelling in which she resides or which is allocated for her inhabitants,Personal Status · Source page ٥٠٤
  27. Principle 957The female custodian's entitlement to an allowance for the accommodation of the child in custody. Its criterion. That she does not own accommodation in which she resides or which is allocated for her residence. OwnershipPersonal Status · Source page ٥٠٥
  28. Principle 961Rent for accommodation for the custody of a young child is payable by the father alone. The exception thereto. The female custodian owns a dwelling in which she actually resides or which is designated for her residence. Personal Status · Source page ٥٠٥
  29. Principle 965Cases in which the female custodian is not entitled to rent for the dwelling of the child in custody. - The appellant's allocation of a dwelling for the custody of his children and the court's satisfaction as to its fitnPersonal Status · Source page ٥٠٦
  30. Principle 968Rent for the minor’s custody dwelling is payable by his father. The exception. The female custodian’s ownership of a dwelling in which she actually resides or which is designated for her residence.Personal Status · Source page ٥٠٧

  31. مصروفات التعليم

    Principle 971A minor’s maintenance, including his educational expenses, under Egyptian Personal Status Law is obligatory upon his father according to his means and from the date of his refusal. - Assessment of maintenance and understPersonal Status · Source page ٥٠٧

  32. أجر الخادم

    Principle 972A ruling that an action may not be heard because it has previously been adjudicated. Its conditions. Identity of subject matter, parties and cause. Absence of any of these conditions. Its effect. No such ruling is to be Personal Status · Source page ٥٠٧

  33. أجر السائق وثمن السيارة

    Principle 974Maintenance of a poor child unable to earn, including the remuneration of a female servant and a driver, the custodial accommodation allowance, and the expenses of furnishing it. Its being obligatory upon the affluent faPersonal Status · Source page ٥٠٨
  34. Principle 976Assessment of maintenance in its various forms, including the wages of a servant and driver. A question of fact. The trial court's competence to assess it. Its condition. - 508 - Personal StatusPersonal Status · Source page ٥٠٨
  35. Principle 977Maintenance of a poor child incapable of earning, including the wages of a female servant and a driver, the custody accommodation allowance, and the expenses of furnishing it. It is incumbent upon the father of sufficienPersonal Status · Source page ٥٠٩
  36. Principle 978Maintenance for a young child unable to earn a living. Its assessment according to the child's needs, the father's financial means, prevailing custom in the country, and the circumstances of the child in custody. The impPersonal Status · Source page ٥٠٩
  37. Principle 979Assessment of maintenance of all types, including the price of a car. The trial court’s exclusive authority over it. The condition for that. Example concerning two wards’ need for a car. - The Court of Appeal. It may depPersonal Status · Source page ٥٠٩

  38. رؤية

    Principle 984Visitation of the minor. The general rule. That it take place at the custodian’s. The judge determines the place and time of visitation in the absence of agreement. What is to be considered in determining the place.Personal Status · Source page ٥١٠
  39. Principle 985Visitation of a child in custody. Its rules. The rule is that it takes place at the premises of the person who has the child. Where this is impracticable, the judge specifies a periodic appointment and a suitable place fPersonal Status · Source page ٥١٠
  40. Principle 986The right of visitation. To whom it belongs. Where there is no agreement on the time and place of visitation. The judge specifies a periodic time and a suitable place to enable the child's family to see him. The implicatPersonal Status · Source page ٥١٠
  41. Principle 987The parents and the two grandparents have the right to see the minor. His female custodian's prevention of his father from seeing him: a breach of kinship ties and of the father's right to see him and supervise his upbriPersonal Status · Source page ٥١٠
  42. Principle 988Express or implied acceptance of the judgment rendered in the action, before or after its rendition. Its effect: the inadmissibility of challenging it. - The appellant's female lawyer's statement before the appellate couPersonal Status · Source page ٥١٠
  43. Principle 989Application of the Ja'fari school. Its condition. The litigants' common adherence to this school. Their difference in school. Its implication. Application of Law No. 51 of 1984 concerning Personal Status. - 510 - PersonaPersonal Status · Source page ٥١٠
  44. Principle 990Visitation. Its place is with the person who has the child. Failure to agree on the time and place. Its implication. The judge determines them. The reason for this. Removing the adverse residues in the psyche of the chilPersonal Status · Source page
  45. Principle 991Determining the periodic time and suitable place for seeing a young child—in the absence of agreement—in a manner reconciling the child's interests with the considerations intended by the legislature in providing for visPersonal Status · Source page
  46. Principle 992The general rule is that visitation takes place at the premises of the person who has the child. Failure to agree on the time and place of visitation. Its implication. The judge fixes a periodic appointment and a place fPersonal Status · Source page
  47. Principle 995The criterion for the female custodian’s entitlement to receive the minor’s maintenance is his being in her care. - When maintenance for the child and parents lapses.Personal Status · Source page
  48. Principle 996A minor’s maintenance depends on the person actually caring for him. The minor remaining in the care of his maternal grandmother in another country. A judgment obligating the father to pay it to the minor’s mother. ErrorPersonal Status · Source page
  49. Principle 997Maintenance for relatives is due from the date of patching the action unless mutual agreement on it is reached, in which case it is due from the date thereof. How mutual agreement on maintenance is achieved. EstablishingPersonal Status · Source page
  50. Principle 998Maintenance of a poor minor child is payable by his father. The condition for this. The father must be affluent. Assessment of affluence and its absence. A matter of fact. Disputation in that regard is inadmissible.Personal Status · Source page
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