Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
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Principle 624When a contract is considered administrative. - The management of free zones whose establishment is decided upon may be undertaken by the Ministry of Commerce and Industry itself, and it may entrust the aforementioned zoAdministrative Law · Source page 166- Principle 625The jurisdiction of the administrative judiciary over administrative contracts. Its basis. - The Administrative Circuit's jurisdiction over administrative contracts is not confined to the contracts mentioned in Article 2Administrative Law · Source page 166
- Principle 626Jurisdiction of the Administrative Circuit. Its relation to public policy. Its jurisdiction over contracts. Its basis. The contract must be administrative. - 166 - AdministrativeAdministrative Law · Source page 166
- Principle 627Disputes which the arbitration tribunal has jurisdiction to determine. Their nature. It has no jurisdiction to determine disputes concerning administrative contracts falling within the exclusive adjudicative jurisdictionAdministrative Law · Source page 167
- Principle 628Jurisdiction of the Administrative Circuit. It concerns public order. It does not arise in respect of contracts unless they are administrative contracts. The fact that one party is a legal person is insufficient to regarAdministrative Law · Source page 167
- Principle 629The Administrative Circuit's jurisdiction concerning contracts. Its restriction to administrative contracts. - The administrative contract. Its nature. Lease contracts concluded by administrative authorities with third pAdministrative Law · Source page 167
- Principle 630The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that fall within the domains of public law. - Contracts concluded by the administration are not allAdministrative Law · Source page 167
- Principle 631The Administrative Circuit’s jurisdiction to hear disputes arising between the administrative authority and the other contracting party in administrative contracts generally. It has full jurisdiction. - The employment coAdministrative Law · Source page 168
- العقد الإداري والعقد المدني
Principle 633The administrative contract and the civil contract. The difference between them. Its nature. - 168 - AdministrativeAdministrative Law · Source page 168- Principle 634Administrative contracts. Subject to a special legal regime differing from the regime governing civil contracts. The reason for this. The unequal interests represented by each party to an administrative contract, as the Administrative Law · Source page 169
- تجديد العقد الإداري
Principle 635Administrative contracts. Their subjection to a special legal regime distinguishing them from the regime governing civil contracts. The effect thereof and its consequences. Example. - The administrative authority’s rightAdministrative Law · Source page 169- Principle 636Renewal of an administrative contract. Its basis. The agreement of both parties and recourse to its specific provisions rather than the general provisions contained in the Civil Code. - Ascertaining and understanding theAdministrative Law · Source page 169
- تنفيذ العقد الإداري
Principle 637The regulations concerning licenses and structures erected on State property, issued by Decision No. 56 of 2001 of the Minister of Finance, included an amendment to the conditions of licenses and contracts concerning - 1Administrative Law · Source page 169- Principle 638Administrative contracts. They must be performed in a manner consistent with the requirements of good faith. Their distinctive character is premised on the needs of the public service whose operation the contract seeks tAdministrative Law · Source page 170
- Principle 639Application of the theory of unforeseen circumstances to the performance of an administrative contract. Its condition. An unforeseen circumstance must occur during performance, be beyond the contracting parties’ control,Administrative Law · Source page 170
- Principle 640The security deposit collected by the administrative authority from the party contracting with it. Its purpose. A guarantee for the administrative authority to protect it against errors committed by that contracting partAdministrative Law · Source page 171
- تعديل العقد الإداري
Principle 643Including in an administrative contract the sanction of rescission for breach of the obligations arising from it. It reiterates the general rule of rescission under which this measure occurs because one party fails to peAdministrative Law · Source page 172- Principle 644The administrative authority may amend an administrative contract by its unilateral will without a provision to that effect in the contract or the other party’s consent.Administrative Law · Source page 172
- Principle 645Civil Service Council Decision No. 2/81. Contracts in force on the date it takes effect are subject to the amendment contained therein, even if it is not stipulated in the specified contract. Rationale thereof.Administrative Law · Source page 172
- Principle 646The freedom of contracting parties to amend the rules of contractual liability created by their free will within the limits of the law and the rules of public policy.Administrative Law · Source page 172
- Principle 647The administrative authority has the right to amend the contract unilaterally without any need for the other party's consent or for a provision for such amendment in the contract whenever the needs of the public service Administrative Law · Source page 172
- تفسير العقد الإداري
Principle 648The contract is the law of the contracting parties. Neither may unilaterally rescind it, amend its provisions or obtain exemption from its effects except within the limits permitted by the agreement or prescribed by law.Administrative Law · Source page 173- Principle 650The court of merits has authority to ascertain and understand the facts of the action, and may interpret contracts, disputed terms, and all documents submitted to it and infer what it considers most faithful to the intenAdministrative Law · Source page 173
- Principle 652The meaning of a particular phrase in a contract, legal disposition or other instruments is not to be considered in isolation from the other phrases. The meaning conveyed by the phrases in their entirety must be adopted.Administrative Law · Source page 174
- الإثراء بلا سبب
Principle 653The contract is the law of the contracting parties. It is deemed to have the force of law in relation to its parties. It is a law specific to them, even though its origin is agreement, and its provisions are the referencAdministrative Law · Source page 174- Principle 654The existence of a contractual relationship between the parties to the dispute. Its effect. No scope for an action for unjust enrichment.Administrative Law · Source page 174
- نطاق العقد
Principle 655An action for unjust enrichment. It does not lie if the relationship between the appellant and the respondent Ministry is a contractual relationship governed by the provisions of the contracts and the Police Force OrganiAdministrative Law · Source page 174- فسخ العقد
Principle 656The scope of the contract is not limited to binding the contracting party to what is specifically stated therein. It also encompasses what is considered incidental to it. An example concerning the scholarship recipient'sAdministrative Law · Source page 174- تأمين الإدارة من التعاقد معها
Principle 658Duress invalidating consent exists only where the coerced contracting party is threatened with grave, imminent danger to his person or property, or other means of pressure are used that he is unable to withstand or escapAdministrative Law · Source page 175العقد الإداري المبرم بطريق المناقصة
Principle 659The security collected by the administrative authority from its contracting party. Its purpose. A guarantee for the administrative authority to protect it against errors committed by that contracting party when undertakiAdministrative Law · Source page 175- Principle 660An administrative contract concluded through public tender. Condition for its formation. Signature by both parties.Administrative Law · Source page 176
عقد مقاولة الأشغال العامة
Principle 661An administrative contract concluded by public tender. How it is formed. The contractual relationship therein. What determines it. Preliminary discussions and negotiations fall outside that relationship. The reason for tAdministrative Law · Source page 176عقد التوظيف
Principle 662The administration's requiring a public works contractor to select particular materials. Its effect. 3- Employment contract:-Administrative Law · Source page 176- Principle 663The employee’s relationship with the government. Regulatory. His acceptance of the contract concluded with the administration is merely submission to its regulatory provisions. - Appointment of Kuwaitis. By decision or cAdministrative Law · Source page 176
- Principle 664Rules laid down by the Civil Service Council concerning appointment under temporary contracts. Mandatory rules that may not be departed from or contradicted by agreement. - A public employee’s employment contract. An admAdministrative Law · Source page 176
- Principle 665The decision implementing the contract is administrative. A dispute concerning it. Does not fall within annulment jurisdiction but within full jurisdiction. - Contracts concluded between the administration and non-KuwaitAdministrative Law · Source page 177
- Principle 666State employees appointed under temporary contracts. They are subject to the provisions enacted by the Civil Service Council, without invoking the rule that the contract is the law of the contracting parties.Administrative Law · Source page 177
- Principle 667Employment contract. An administrative contract. Concluded by agreement between the administration and an individual with the intention of producing a legal effect. Its nature.Administrative Law · Source page 177
- Principle 668Application of the provisions of the Commercial Code to the administrative authority's obligations arising from an administrative contract whenever it is considered commercial for the other party. - 177 - AdministrativeAdministrative Law · Source page 177
- Principle 669Enacting rules and provisions for temporary appointment by contract. Within the authority of the Civil Service Council pursuant to a delegation by law. The effect thereof: these provisions and rules are mandatory and binAdministrative Law · Source page 178
- Principle 671Posts are filled by appointment, promotion, transfer, or secondment. - Appointment. How it is effected. - An employee appointed by contract. The provisions of the Civil Service Law apply to matters for which there is no Administrative Law · Source page 178
- Principle 672Entitlement to salary. Its condition. Performance of the agreed work. A contractual provision requiring the party wishing to terminate it to notify the other party thereof for a period of not less than three months countAdministrative Law · Source page 178
- Principle 673Employment contract. An administrative contract between the administrative authority and an individual intended to produce a particular legal effect. The provisions of administrative contracts are the basis for determiniAdministrative Law · Source page 178
- Principle 674Contracts for employing public employees. Administrative contracts and considered among the administration's means of operating public services. - Positions that do not require a specialized qualification: non-Kuwaitis mAdministrative Law · Source page 179
- Principle 675Rules and provisions governing temporary appointment. Delegation to the Civil Service Council to enact them; they are mandatory and binding upon all entities except those whose service affairs are regulated by special laAdministrative Law · Source page 179
- Principle 676Disputes arising between the administrative authority and the other contracting party in administrative contracts generally. The Administrative Circuit has jurisdiction to determine them. - An employment contract. An admAdministrative Law · Source page 179
- Principle 677Voluntary enlistment of non-Kuwaitis as non-commissioned officers and soldiers. Its manner. By contract. Application of the provisions of Law 32 of 1967 and the provisions contained in the forms of contracts concluded wiAdministrative Law · Source page 179
- Principle 678The employee’s relationship with the government. A regulatory relationship governed by laws and regulations, conferring upon him a general legal status whose regulation is subject to the provisions imposed by those laws Administrative Law · Source page 179
- Principle 679The employment contract: an administrative contract pursuant to which the employee undertakes, under the supervision of the administrative authority, the responsibilities and burdens of his position in return for obtainiAdministrative Law · Source page 180
- Principle 682Assessment of the extent to which the conditions for applying the theory of sovereign act are satisfied. For the court of merits. - Application of the theory of sovereign act. Its condition. The issuance of a specific orAdministrative Law · Source page