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. ب – تقدير النفقة

    Principle 1073Assessment of maintenance of its various kinds. A question of fact. The court of merits independently assesses it. The Court of Appeal may adopt a view different from the assessment of the court of first instance. ArgumePersonal Status · Source page ٥٢٤
  2. Principle 1074Understanding the facts of the action, assessing evidence, and awarding and assessing maintenance. For the trial court. Its condition. Following the litigants in every aspect of their defenses and responding to each sepaPersonal Status · Source page ٥٢٤
  3. Principle 1075Understanding the facts of the action, assessing evidence, and awarding maintenance of its various kinds and increasing and reducing it. - 524 - Personal Status A matter for the trial court. Its condition. - The Court ofPersonal Status · Source page ٥٢٤
  4. Principle 1076Assessment of maintenance of all kinds, its increase or reduction, the extent of the financial means of the person liable for it, and the needs of the person entitled to it. Within the authority of the trial court. The cPersonal Status · Source page ٥٢٥
  5. Principle 1077Assessment of maintenance of its various kinds, consolatory payment upon divorce, the extent of the means of the person obliged to pay them, and the need of the person entitled to them. A matter for the court of merits. Personal Status · Source page ٥٢٥
  6. Principle 1079Understanding the facts of the action, assessing the evidence, and increasing or reducing maintenance according to the means of the person liable for it and the needs of the person entitled to it. Matters for the court oPersonal Status · Source page ٥٢٥
  7. Principle 1080An incidental appeal or cross-appeal transfers the entire dispute decided by the court of first instance to the Court of Appeal within the limits of the relief sought therein and in the principal appeal. The Court of AppPersonal Status · Source page ٥٢٥
  8. Principle 1081Assessment of maintenance of its various kinds, its increase and agreement thereon, the extent of the affluence of the person obliged to pay it, and the need of the person entitled to it. A question of fact within the trPersonal Status · Source page ٥٢٦

  9. ١: الولاية على النفس

    Principle 1091The appellant’s contention that the judgment deprived him of guardianship over his two children’s education without entrusting that guardianship to another person, contrary to the truth. An incorrect contention. - The moPersonal Status · Source page ٥٢٩
  10. Principle 1092Guardianship over the person ends upon attainment of puberty under Sharia. - Puberty is attained by the appearance of the known natural signs. Delay in their appearance. Its effect: puberty is established upon completionPersonal Status · Source page ٥٢٩
  11. Principle 1093The father's guardianship over the person of his minor son. Its consequence. His right to supervise his affairs. This is restricted by sound judgment and consideration of the minor's interests. The right of the judge vesPersonal Status · Source page ٥٣٠
  12. Principle 1098A man’s harming and antagonizing his wife—under the Ja'fari school—without lawful justification under Sharia. The wife may bring her matter before the Sharia judge to prevent harm and injustice and compel the husband eitPersonal Status · Source page ٥٣١

  13. – العته

    Principle 1099The text of Article 8 of Law 51 of 1984 does not specify who the guardian is. His definition in Islamic jurisprudence as a blood agnate in his own right, whose lineage is not solely through a female; all brothers are of Personal Status · Source page ٥٣١

  14. أ – بوجه عام

    Principle 1103Appointing the grandfather as guardian over the minors after accepting his withdrawal from it. A matter of fact within the trial court's exclusive discretion. The condition for this.Personal Status · Source page ٥٣٣
  15. Principle 1105A Kuwaiti minor whose father or chosen guardian has not been vested with guardianship over his property. Its effect. It is vested in the Public Authority for Minors Affairs. - The court may, at the request of any interesPersonal Status · Source page ٥٣٣
  16. Principle 1106The minor’s interests. Guardianship over them is assigned to his parents. The Lawgiver’s distribution of their obligatory rights: the mother has his upbringing and care in the first stage of his life, and the father has Personal Status · Source page ٥٣٣
  17. Principle 1107Guardianship over a minor’s property belongs to the father, then to the guardian selected by him, then to the paternal grandfather. The absence of any of them. Its implication. The court appoints a guardian. - A minor ofPersonal Status · Source page ٥٣٣
  18. Principle 1108The paternal grandfather. A lawful guardian of the minor's property by operation of law. In the absence of the father or the person selected by the father. He may not be removed from guardianship except for an acceptablePersonal Status · Source page ٥٣٣
  19. Principle 1109Certain dispositions by the guardian of the minor's property. The necessity of court permission for them. Article 137 Civil Code. An example. - The right of recourse to the courts is exercised by way of an action. The exPersonal Status · Source page ٥٣٤
  20. Principle 1110A judgment. The condition for its validity. The existence of a dispute submitted to the court through judicial proceedings between two parties. Its criterion. The existence of a dispute between two parties over a right cPersonal Status · Source page ٥٣٤
  21. Principle 1111Guardianship over a minor's property. Its order is exhaustively prescribed by law. Absence of a legal guardian. Its effect. The court may appoint a guardian. Guardianship belongs to the Public Authority for Minors AffairPersonal Status · Source page ٥٣٤
  22. Principle 1112The general rule regarding guardianship over a minor’s property is that it belongs to his father, then to the testamentary guardian chosen by the father, then to the paternal grandfather. The absence of any of them. Its Personal Status · Source page ٥٣٤

  23. ب – السفه

    Principle 1113The minor's interests. Guardianship over them is vested in his parents. The legislature's distribution of the rights incumbent upon them: the mother has his upbringing and care in the first stage of his life, and the fatPersonal Status · Source page ٥٣٤
  24. Principle 1115Understanding the facts of the action and assessing evidence and documents. For the trial court. Its basis. That it bases its ruling on sound reasons and that its reasoning leads to the conclusion it reached. An example Personal Status · Source page ٥٣٥

  25. ج – الغفلة

    Principle 1116Prodigality is the squandering and wasting of property, and among its criteria is a frivolity that afflicts a person, causing him to act contrary to the dictates of reason and Sharia. - Imprudence is weakness of the facuPersonal Status · Source page ٥٣٥

  26. د – الجنون

    Principle 1117Simple-mindedness is weakness of the faculties of self-regulation, affecting sound management and judgment and resulting in disadvantage in transactions. An assessment for the trial court. The condition therefor. - 535 -Personal Status · Source page ٥٣٥

  27. حجر وقوامة

    Principle 1119Curatorship over a Kuwaiti person under interdiction belongs in the first instance to the Public Authority for Minors' Affairs unless the court considers appointing another curator. - Assessment of whether appointing anoPersonal Status · Source page ٥٣٦
  28. Principle 1120A judgment imposing interdiction for mental deficiency. Ruling that dispositions preceding it are valid. Does not infringe its binding effect so long as it did not conclusively establish the existence of mental deficiencPersonal Status · Source page ٥٣٦
  29. Principle 1121The state of insanity or mental deficiency becoming widely known, or the court's appointment of a curator. Presumption that the disposition was concluded in a state of insanity or mental deficiency, from the time of suchPersonal Status · Source page ٥٣٦
  30. Principle 1122Appointment of a curator over the property of a person under interdiction does not preclude appointment of a guardian over his person. The reason therefor: the general rule is that guardianship over the person belongs toPersonal Status · Source page ٥٣٦
  31. Principle 1123Curatorship over an interdicted person of Kuwaiti nationality vests in the Department of Minors Affairs unless the - 536 - Personal Status court considers appointing another curator. - Assessment of whether appointing anPersonal Status · Source page ٥٣٦
  32. Principle 1124The court's adherence to the requests submitted by the litigants. The limits thereof. It may award what the scope of the request necessarily and actually includes. - The judgment's conclusion characterizing the female rePersonal Status · Source page ٥٣٧
  33. Principle 1125Curatorship over an interdicted person of Kuwaiti nationality. Belongs to the Public Authority for Minors Affairs. Determining the interdicted person’s interest in appointing another curator. Within the trial court’s excPersonal Status · Source page ٥٣٧
  34. Principle 1126An application to impose interdiction upon an insane, mentally deficient, prodigal, or gullible person, or to lift it. A right of the Department of Minors Affairs and every concerned person whose interest is affected by Personal Status · Source page ٥٣٧
  35. Principle 1127Guardianship over a person under interdiction if he is Kuwaiti. Vested in the Public Authority for Minors Affairs. The trial court has the authority to appoint another guardian. The condition for this. That this serves tPersonal Status · Source page ٥٣٧

  36. - تعريفها وركنها وشرائطها

    Principle 1129Assessment of the executor's incapacity and inability to administer the will. Within the trial judge's authority. The condition for this.Personal Status · Source page ٥٣٩
  37. Principle 1130The obligatory bequest takes precedence over the voluntary bequest. The consequence. If an estate contains an obligatory bequest and a voluntary bequest or bequests, the obligatory bequest is executed first; if it exhausPersonal Status · Source page ٥٣٩
  38. Principle 1131The validity or invalidity of a will in relation to the heirs. An indivisible subject matter. The reason for this.Personal Status · Source page ٥٣٩
  39. Principle 1132Assessment of the testamentary guardian's withdrawal from his testamentary appointment and his inability to administer it. A question of fact for the trial court. The condition therefor. An example concerning removal froPersonal Status · Source page ٥٣٩
  40. Principle 1133A bequest. Its nature. - A bequest to an heir. Does not take effect until the other heirs approve it, according to the Maliki school.Personal Status · Source page ٥٣٩
  41. Principle 1134Property bequeathed for charitable purposes. Its investment in a commercial establishment. Permissible. This disposition does not remove it from the executor’s authority.Personal Status · Source page ٥٣٩
  42. Principle 1135If the testator appoints two executors, neither may act independently of the other except by authorization. - 539 - Personal Status Assessment of the executor’s trustworthiness or inability to administer the testamentaryPersonal Status · Source page ٥٣٩
  43. Principle 1136Compulsory Bequest Law No. 5 of 1971 AD. Its provisions are general. Its provisions apply to all Kuwaitis without exception or distinction between those belonging to any school of law. The reason for this.Personal Status · Source page ٥٤٠
  44. Principle 1138A valid condition in a will: observing it whenever the interest intended by it is realised or predominant. The implication of this. Observing the testator's intention in appointing the person to execute the will wheneverPersonal Status · Source page
  45. Principle 1139Guardianship over a minor's property. The general rule is that it belongs to his father, then to the guardian selected by the father, then to the grandfather. Absence of any of them. Its effect. The court appoints a guarPersonal Status · Source page
  46. Principle 1140A bequest of one-third of the property coupled with an heir. The condition for its validity. What indicates an intention to cause harm in it.Personal Status · Source page
  47. Principle 1141The fitness of the chosen testamentary guardian to carry out the affairs of the testamentary appointment. Its conditions. Capacity to bear religious obligations, Islam, and competence, meaning the ability to carry out thPersonal Status · Source page
  48. Principle 1142The provisions of Law 5/1971 concerning obligatory bequests are expressed in general terms. Its effect: its provisions apply to all Kuwaitis without exception or distinction between those belonging to any school. The reaPersonal Status · Source page
  49. Principle 1143Facts and legal positions predating the date on which the law comes into force. Its retroactive application to them. Its condition. - The new law. It must be published in the Official Gazette within two weeks of its promPersonal Status · Source page
  50. Principle 1144Treating a disposition as effective after death or as concealing a bequest. Its condition. Proof that the disposer intended to make a gratuitous disposition and to defer the transfer of ownership until after his death. -Personal Status · Source page
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