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. الوقف

    Principle 1201The endower may revoke all or part of his endowment, whether charitable or family, and change its beneficiaries and conditions, even if he has deprived himself of that right, except in the case of a mosque endowment, evePersonal Status · Source page ٥٥٢
  2. Principle 1202Charitable endowments and endowments in which charitable purposes have a share. The founder's failure to stipulate supervision thereof for a particular person. Its implication. Supervision belongs to the Public EndowmentPersonal Status · Source page ٥٥٣
  3. Principle 1203The words of the waqf founder. Their nature. What is understood from his expressions contained in his waqf deed in light of prevailing custom. The reason for this.Personal Status · Source page ٥٥٣
  4. Principle 1204Supervision of a charitable endowment. Belongs to the Department of Endowments. Its condition. The endower has not stipulated supervision by another. Its effect. Participation of the General Secretariat of Endowments in Personal Status · Source page ٥٥٣
  5. Principle 1205The court of merits. Has authority to interpret the waqf deed to deduce what the founder intended by it. Its condition. Not departing from its apparent meaning. No weight is given to implication in the face of an expressPersonal Status · Source page ٥٥٣
  6. Principle 1206The founder's failure to stipulate supervision for anyone—in charitable waqfs or waqfs in which charitable causes have a share, supervision belongs exclusively to the General Secretariat of Secretariats. Article 6 of thePersonal Status · Source page ٥٥٣
  7. Principle 1207An endowment for purposes other than charitable purposes is not made by way of drawing closer to Allah Almighty, but by way of beneficence and maintaining ties, and entitlement is not linked to a description bringing it Personal Status · Source page ٥٥٤
  8. Principle 1208Charitable and family endowments. The High Order issued on 5/4/1951 applies to them irrespective of the founder's jurisprudential or religious school. Matters not addressed in the provisions of this High Order. The rulesPersonal Status · Source page ٥٥٤
  9. Principle 1209The word “child,” when used without qualification. Encompasses children and children’s children, however remote their descent. The reason for that: construing the unqualified term without qualification, and because a perPersonal Status · Source page ٥٥٤
  10. Principle 1210The founder's words. They must be construed according to what is understood to have been his intention from his expressions in his waqf instrument. No weight is given to implication in the face of an express statement. EPersonal Status · Source page ٥٥٥

  11. الحسبة

    Principle 1211The Public Prosecution must intervene in matters relating to public policy set out in Article 338 of Law 51 of 1984, including endowments and charitable bequests. This concerns public policy. Its omission. Its effect. NuPersonal Status · Source page ٥٥٥

  12. المواريث

    Principle 1213The inclusion in a contract executed by the deceased of provisions indicating its immediate effect. Does not prevent the heir from challenging it on the ground that it conceals a bequest and proving his challenge by all Personal Status · Source page ٥٥٥
  13. Principle 1214The successor or heir who did not issue the private instrument. Is not required to deny the instrument; for him, an oath of lack of knowledge suffices, and he may also challenge it for forgery. - No fault attaches to thePersonal Status · Source page ٥٥٦
  14. Principle 1215The system of collective liquidation of an estate. Not regulated by the Kuwaiti Civil Code. It is impermissible in this regard to resort to provisions that may have been laid down concerning it in a foreign law. The basiPersonal Status · Source page ٥٥٦
  15. Principle 1218The Civil Code did not adopt a system of collective liquidation of the estate. Inheritance matters. Are subject to the rules of Islamic Sharia.Personal Status · Source page ٥٥٦
  16. Principle 1219An heir’s relinquishment of his share in the estate before payment of the debt does not render it void but rather ineffective against the creditors of the estate.Personal Status · Source page ٥٥٦
  17. Principle 1220An heir stands as a litigant on behalf of the remaining heirs in actions brought by or against the estate. - One heir bringing an action for the invalidity of a disposition made by the heir and a final judgment being renPersonal Status · Source page ٥٥٦
  18. Principle 1221Rules of inheritance by agnatic succession. Not applied in the Ja'fari school. Its restriction of inheritance to fixed-share heirs and relatives, without distinction between female and male kinship. The ranks of heirs inPersonal Status · Source page ٥٥٧
  19. Principle 1222Under the Ja'fari school, a daughter ranks in the first class of inheritance and excludes the classes following her.Personal Status · Source page ٥٥٧
  20. Principle 1223An heir standing as a litigant on behalf of the remaining heirs in actions brought by or against the estate. Its implication.Personal Status · Source page ٥٥٧
  21. Principle 1224Withdrawal from inheritance by settlement. How it is effected. It must be registered to produce its effect in transferring ownership. - The statement of the Sharia inheritance distribution issued by the Inheritance SectiPersonal Status · Source page ٥٥٧
  22. Principle 1225An inheritance action. Its nature and the lapse of the right to bring it. Its difference, in respect of the limitation period, from a dispute concerning ownership of property acquired by inheritance. Example.Personal Status · Source page ٥٥٧
  23. Principle 1226Considering a missing person alive on a presumptive, probabilistic basis. Its implication is that this is sufficient to prevent others from inheriting from him because he has not died, but insufficient for him to inheritPersonal Status · Source page ٥٥٧

  24. مرض الموت

    Principle 1227The rule that there is no estate until debts have been paid. Its implication. Upon death, the estate remains encumbered by an accessory right in rem in favor of the deceased's creditors, enabling them to recover their dePersonal Status · Source page ٥٥٨
  25. Principle 1228The challenged judgment's conclusion that the sale contract made during death illness is not absolutely void upon the heirs' ratification. No defect..Personal Status · Source page ٥٥٨
  26. Principle 1230The deceased’s performance of some tasks at intermittent periods during his illness, before or after the execution of the contract. Does not negate the challenged judgment’s conclusion that the deceased was unable, durinPersonal Status · Source page ٥٥٨
  27. Principle 1231Assessing the existence of deathbed illness. Within the authority of the court of merits. Disputing this. Not permissible before the Court of Cassation.Personal Status · Source page ٥٥٨
  28. Principle 1232Considering a check among acts of legal disposition. Its issuance during death illness. A presumption in favor of the heirs. Donative intent is a rebuttable presumption capable of proof to the contrary. - 558 - Personal Personal Status · Source page ٥٥٨
  29. Principle 1233Death illness: among its criteria are that the illness is one in which death is predominant, that the patient feels his death approaching, and that it ends in his death. It is not required that it have visibly affected tPersonal Status · Source page ٥٥٩

  30. المفقود

    Principle 1234A sick man's divorce of his wife—in Maliki jurisprudence—followed by his death from that illness. The necessary consequence. Her entitlement to inherit, whether or not she is in the waiting period. An example of the invaPersonal Status · Source page ٥٥٩
  31. Principle 1235A missing person. A person with full legal capacity whose being alive or dead is unknown. Establishment of this. Its implication. The court's appointment of a curator over his property. Continuation of curatorship. Its cPersonal Status · Source page ٥٥٩

  32. تدخل النيابة العامة في دعاوى الأحوال الشخصية

    Principle 1236A missing person whose remains were not found during the Iraqi invasion. The general rules prescribed for personal status matters are followed in establishing his death. - A person who goes missing and of whom no news isPersonal Status · Source page ٥٥٩
  33. Principle 1237Intervention by the Public Prosecution in personal status proceedings. Articles 338 and 340 of Law 51/1984 AD. A mandatory procedure pertaining to public policy. It extends to proceedings not determined when Law 51/1984 Personal Status · Source page ٥٦١
  34. Principle 1238Intervention by the Public Prosecution in personal status cases: its nature and instances. Its failure to intervene. Its effect. Nullity of the judgment, constituting a nullity relating to public order.Personal Status · Source page ٥٦١
  35. Principle 1239Intervention by the Public Prosecution in certain personal status cases affecting public policy, including a filiation action. Mandatory intervention prescribed by a rule relating to public policy. Its failure to intervePersonal Status · Source page ٥٦١
  36. Principle 1240Litigation procedures. Subject to the law of the forum. Its effect: their application to all disputes, whether domestic or involving a foreign element. - The provision in Personal Status Law 51/1984 requiring interventioPersonal Status · Source page ٥٦١
  37. Principle 1241Actions for correction of names in which the Public Prosecution must intervene. Their nature. Actions disputing - 561 - Personal Status lineage, the determination of which depends on the outcome of the examination of thePersonal Status · Source page ٥٦١
  38. Principle 1242Intervention by the Public Prosecution is mandatory in certain personal status cases. Its instances. Contravention thereof. Its effect. Nullity of the judgment. This nullity concerns public policy. This nullity may be inPersonal Status · Source page ٥٦٢
  39. Principle 1243Mandatory intervention by the Public Prosecution in certain personal status cases affecting public policy. The meaning of public policy in this context. What falls outside it. It does not intervene therein. Example: compPersonal Status · Source page ٥٦٢
  40. Principle 1244Personal status actions in which the legislature has required the Public Prosecution to intervene as an original party. The manner thereof. The court of merits has authority to accept or reject applications submitted by Personal Status · Source page ٥٦٢
  41. Principle 1245The cases in which the law requires intervention by the Public Prosecution. Their nature: matters relating to public policy, including actions concerning parentage and correction of names. Omission thereof. Its effect. NPersonal Status · Source page ٥٦٢
  42. Principle 1246The general rule is that procedural legal rules apply with immediate effect to actions brought while they are in force, even if those actions arise from earlier facts. - Intervention by the Public Prosecution in certain Personal Status · Source page ٥٦٢
  43. Principle 1247Mandatory intervention by the Public Prosecution in personal status cases. Its instances: cases in which a matter relating to public policy is raised, exhaustively specified in Article 338 of Law 51 of 1984 concerning PePersonal Status · Source page ٥٦٣
  44. Principle 1249The Public Prosecution's opinion in the action. Does not bind the court. Its omission to discuss it. Import. Its rejection of it.Personal Status · Source page
  45. Principle 1250Intervention by the Public Prosecution in a personal status action before the court of first instance by a memorandum requesting completion of certain elements of the case, and the court's adjudication of the case withouPersonal Status · Source page
  46. Principle 1251Mandatory intervention by the Public Prosecution in cases concerning persons lacking capacity, persons of diminished capacity, absentees, and missing persons. This relates to public policy. Custody actions. Its interventPersonal Status · Source page
  47. Principle 1252Intervention of the Public Prosecution in personal status matters, including actions concerning lineage and correction of names. A matter of public policy. Contravention of this. Its effect. Absolute nullity requiring caPersonal Status · Source page
  48. Principle 1253The mandatory intervention of the Public Prosecution in actions concerning lineage and correction of names. A matter of public policy. Omitting this. Nullity of the judgment. The effect of this: nullity may be invoked atPersonal Status · Source page
  49. Principle 1254Intervention by the Public Prosecution in certain personal status cases, including those concerning persons lacking capacity and persons with diminished capacity. Mandatory. The rationale therefor. It is a matter of publPersonal Status · Source page
  50. Principle 1256Intervention of the Public Prosecution in certain actions in which the legislature has required its intervention. Its implication. It is considered a party to those actions, possessing all rights prescribed by law for liPersonal Status · Source page
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