Kuwait Court of Cassation principle number 27

The wording of the legal provision applicable to the facts of the action. The judge must apply it if its meaning is clear. He may not adopt anything contrary to it or restrictive of it. The reason for this. So as not to introduce, through interpretation, a rule differing from the legislature's intention. - The judgment's adoption, in defining salary when calculating the end-of-service gratuity for non-Kuwaiti non-commissioned officers, personnel, and guards in the Police Force enrolled under a voluntary service contract, of basic salary plus accrued periodic increments. No fault. The reason for this. - The contention that the scope of this salary is determined by Article 43 of Law 23 of 1968 concerning the Police Force system only while the employment relationship subsists, and that upon termination of this relationship its scope is determined by Article 107 of the Police Law. Impermissible. The reason for this. - Claiming the gratuity. One of the effects of performance of the contract. Its implication. Calculating it in the manner set out therein and within the limits of what is meant by salary constitutes performance thereof and one of its effects. - The social allowance. Treating it as part of salary and adding it thereto when calculating the end-of-service gratuity. Its condition. Express provision for this in the contract. - Invoking the existence of a custom. Its condition. That it does not conflict with a statutory provision. - Invoking other laws regulating the situations of different categories and legal positions on grounds of equality. No basis for it. The reason for this. Equality exists only between persons in equivalent positions. - 14 - Administrative - The provision in the Unified Economic Agreement between the States of the Cooperation Council for the Arab States of the Gulf requiring equality between citizens of these States. Its intent. An invitation to these States to enact the legislation necessary to amend their provisions within each State.