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. - تعريفها وركنها وشرائطها

    Principle 1145A voluntary bequest. A non-binding disposition that takes effect only after the testator's death. Permissibility of revoking it in whole or in part. The rationale and effect of this. Article 228 of Law 51/1984 AD.Personal Status · Source page ٥٤١
  2. Principle 1146The testator's making two wills, one dated later than the other. Does not in itself indicate his revocation - 541 - Personal Status of the first will unless they conflict and concern the same subject matter. - CompetitioPersonal Status · Source page ٥٤١
  3. Principle 1147Inferring the testator's revocation of his will. Within the trial court's discretion by virtue of its authority to understand the facts of the case and interpret documents. The condition for this. Factual disputation in Personal Status · Source page ٥٤٢
  4. Principle 1148One of the two witnesses to a will denying his signature on the will document. Its consequence. It does not negate the authenticity of the testator's signature on it. The court is not obliged to investigate the witness'sPersonal Status · Source page ٥٤٢
  5. Principle 1149The challenged judgment's stating in its reasons that the female appellant was not remiss in managing the minors' property, according to the expert's report. Its implication. Her fitness to perform the guardianship dutiePersonal Status · Source page ٥٤٢
  6. Principle 1150Discontinuance of proceedings does not apply to actions whose subject matter concerns public policy. An example thereof. Charitable bequests. The reason therefor. They involve an act of charity, so their fate is not tiedPersonal Status · Source page ٥٤٢
  7. Principle 1151A bequest to persons not exhaustively identified. Disbursement thereof only to the needy among them. The reason therefor. A bequest is an act of benevolence in which disbursement to all the needy is impracticable. Equal Personal Status · Source page ٥٤٢
  8. Principle 1152Obligatory Bequest Law 5 of 1971. Its import. Its provisions apply to all Kuwaitis without distinction between schools of Islamic jurisprudence.Personal Status · Source page ٥٤٣
  9. Principle 1153The provisions of Law No. 5 of 1971 concerning the obligatory bequest. Stated in general terms. Its meaning. Their application to all Kuwaitis, whatever their school of jurisprudence. The reason: the legislature did not Personal Status · Source page ٥٤٣
  10. Principle 1154A disposition made during death illness with donative intent is a disposition taking effect after death and is governed by the provisions on wills. - Islamic Sharia and the laws enacted concerning it constitute the law aPersonal Status · Source page ٥٤٣
  11. Principle 1155The executor selected to execute the will. Conditions of his fitness in the jurisprudence of Imam Malik: legal accountability, Islam, uprightness, and competence. Competence is: the executor's ability to perform the affaPersonal Status · Source page ٥٤٤
  12. Principle 1156Endowed property remains as it is, perpetually tied up under the rule of ownership by Allah Almighty, with its usufruct given in charity. Its implication. It may not be disposed of by any kind of disposition and is not sPersonal Status · Source page ٥٤٤
  13. Principle 1157A bequest under the Ja'fari school. Permissible to an heir within the limit of one-third, without being contingent upon the approval of the remaining heirs.Personal Status · Source page ٥٤٤
  14. Principle 1159The grandfather’s death without a bequest to the descendant of his child who died during his lifetime in the amount of his share of what he would have inherited had he been alive at his death. Its effect. That descendantPersonal Status · Source page ٥٤٤

  15. - وصاية

    Principle 1160The obligatory bequest. Conditions of entitlement to it and its governing rules. - A bequest to a person entitled to an obligatory bequest exceeding his share. Its effect. The excess constitutes a voluntary bequest. The Personal Status · Source page ٥٤٥
  16. Principle 1161Basing the action on the appellant's refusal to pay the remainder of the charitable funds owed by him despite the judgment removing him from the executorship, and on his appropriation of those funds after his removal beiPersonal Status · Source page ٥٤٥
  17. Principle 1162Contradiction that vitiates a judgment. Its nature. Example concerning removal from guardianship.Personal Status · Source page ٥٤٥
  18. Principle 1163A bequest to an indeterminate class is reserved for the needy, with the neediest given priority over the needy. Assessment thereof is left to the executor in a manner that fulfills the purpose of the bequest and accords Personal Status · Source page ٥٤٥
  19. Principle 1164The Kuwaiti minor who has no father, guardian, or true paternal grandfather. The general rule is that guardianship over him belongs to the Department of - 545 - Personal Status Minors' Affairs. Appointment of another guaPersonal Status · Source page ٥٤٥
  20. Principle 1165The legislature's requirement that there be official or private papers written in the testator's handwriting or bearing his seal, signature, or fingerprint. Article 214 of Law 51/1984. Its purpose: to verify that the actPersonal Status · Source page ٥٤٦

  21. الهبة

    Principle 1166Vesting guardianship over the minor's property in the Public Authority for Minors Affairs. Its condition. That he be Kuwaiti and have neither a father, nor a selected guardian, nor a true paternal grandfather. - AppointiPersonal Status · Source page ٥٤٦
  22. Principle 1167The immediate effect of a disposition by gift. The donor's leasing of the gifted property or residing in it is not inconsistent therewith and is insufficient to impugn it as concealing a bequest.Personal Status · Source page ٥٤٧
  23. Principle 1168A deed of gift bearing a date authenticated by the notary public. One of the instruments accepted to prove the root of title. Articles/13, 14 of the Real Estate Registration Law.Personal Status · Source page ٥٤٧
  24. Principle 1169Establishment of a certain date for the deed of gift. Its consequence. Its being regarded as one of the instruments admissible to establish the root of title. Articles 13, 14 of Real Estate Registration Law No. 5 of 1959Personal Status · Source page ٥٤٧
  25. Principle 1170Proceeding with the procedures for registering the gift. Does not substitute for possession and taking delivery. The reason therefor..Personal Status · Source page ٥٤٧
  26. Principle 1171The court of merits drawing an inference from the appellant’s acknowledgment—the donee—that he did not approve the gifted property during the donor’s lifetime. No defect.Personal Status · Source page ٥٤٧
  27. Principle 1172A gift contract. The condition for its completion according to the Malikis. Possession of the gifted property by the donee or his guardian before the donor's death. The father's death leaving minor children for whom he dPersonal Status · Source page ٥٤٧
  28. Principle 1174A gift before the issuance of Amiri Decree No. 19 of 1959 was subject to the rules concerning it in the Majalla of Judicial Provisions.Personal Status · Source page ٥٤٨
  29. Principle 1175Validity of a gift. Conditional . Upon the donor owning the gifted property. - An action for the validity and enforceability of a gift contract. Inadmissible. Whenever it is established that the donor does not own the giPersonal Status · Source page ٥٤٨
  30. Principle 1176The donee's possession of the gifted property before an impediment affecting the donor arises through death or otherwise. A condition for completion of the gift contract under the school of Imam Malik. - Gifts. Under AmiPersonal Status · Source page ٥٤٨
  31. Principle 1177Gifts. Under Amiri Decree No. 19 of 1959, they are personal status matters. - A gift made by a sick person during his death illness – valid – in the Jaʿfari school.Personal Status · Source page ٥٤٨
  32. Principle 1178The jurisdiction of the Personal Status Circuit to adjudicate all matters relating to personal status matters – Gifts in personal status matters. Before the new Civil Code came into force. The Maliki school is the applicPersonal Status · Source page ٥٤٨
  33. Principle 1179Gifts up to the date on which the Civil Code took effect. A matter of personal status. After its entry into force, a gift became a contract like other financial contracts.Personal Status · Source page ٥٤٨
  34. Principle 1180Gift under the school of Imam Malik. Its definition and the rules for its revocation by the father and mother.Personal Status · Source page ٥٤٨
  35. Principle 1181A gift under the provisions of the Majalla of Judicial Rules is a non-binding contract except upon actual or constructive possession. - 548 - Personal StatusPersonal Status · Source page ٥٤٨
  36. Principle 1182A gift made while Amiri Decree No. 19 of 1959 regulating the judiciary was in force. The law applicable to it. - A gift under the provisions of the Majalla of Judicial Rules. It is not completed except by taking possessiPersonal Status · Source page ٥٤٩
  37. Principle 1183The jurisdiction of the Personal Status Circuit to adjudicate all disputes concerning personal status. The school of Imam Malik is applicable to them, and the Majalla of Judicial Provisions is applicable to civil transacPersonal Status · Source page ٥٤٩
  38. Principle 1184A gift concluded before the Civil Code came into force is considered a personal status matter; accordingly, the Majalla of Judicial Provisions does not apply to it, but rather the school of Imam Malik applies. Example.Personal Status · Source page ٥٤٩
  39. Principle 1185A gift predating the promulgation of Amiri Decree No. 19/1959 concerning the Law on the Organization of the Judiciary. Its subjection to the rules prescribed in the Majalla of Judicial Provisions as the law under which tPersonal Status · Source page ٥٤٩

  40. الوقف

    Principle 1186Disputes concerning a gift contract after the Civil Code entered into force. Jurisdiction over them belongs to the civil circuits, not the personal status circuits. Contravention of this: an error in the application of tPersonal Status · Source page ٥٤٩
  41. Principle 1187The endower's words. The criterion for understanding them. Reference to their entirety as a complete unit to ascertain the endower's intention. - Understanding the endower's purpose from his expressions. Within the authoPersonal Status · Source page ٥٥١
  42. Principle 1188The judgment's conclusion that the endowment is a family endowment and not a charitable one. No scope for applying the provisions of Article Three of the Supreme Order issued on 29 Jumada II, 1370 AH. Reason therefor.Personal Status · Source page ٥٥١
  43. Principle 1190A charitable endowment. Is not invalidated by the beneficiaries' failure to take possession of the endowed property before the endower's death.Personal Status · Source page ٥٥١
  44. Principle 1191Relinquishing ownership of property during one's lifetime and making it inalienably dedicated in perpetuity to charitable causes. A waqf, not a will.Personal Status · Source page
  45. Principle 1193A ruling in an action invalidating an endowment because the beneficiary did not take possession of the endowed property before the endower's death. Has res judicata effect in any subsequent action concerning the validityPersonal Status · Source page
  46. Principle 1194An endowment is a binding disposition not contingent upon a judge's ruling. Reducing it to an instrument is unnecessary. Permissibility - 551 - Personal Status of proving it by all means of proof.Personal Status · Source page
  47. Principle 1195Family waqf. It terminates upon the ruin of its assets or when its beneficiaries become so numerous that each one's share of its yield becomes insignificant. - Assessment of the existence or absence of a ground for termiPersonal Status · Source page
  48. Principle 1196Endowment under the Ja'fari school. Methods of proving it. Acknowledgment by some heirs, but not others, that the endowment occurred. Its implication. A ruling recognizing it as to their shares, but not those of the othePersonal Status · Source page
  49. Principle 1197Supervision of a charitable waqf belongs to the Ministry of Awqaf unless the founder stipulates supervision by another person or entity. The founder's stipulation of supervision by someone. Its effect. The Ministry of AwPersonal Status · Source page
  50. Principle 1199A mosque waqf. Revoking it or changing its conditions is impermissible, even if the waqf founder stipulated this. The effect of this. The heirs may not demand its dissolution and distribution as an estate; rather, the enPersonal Status · Source page
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