المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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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  1. أشخاص اعتبارية

    Principle 1665Kuwait Airways Corporation. A public corporation constituting a public-law person. This is not affected by its retention of its commercial method and its not being bound in that regard by the rules of governmental departAdministrative Law · Source page 479
  2. Principle 1666Private legal persons whose head office is abroad and which conduct activities in Kuwait. Their business domicile for the purposes of domestic law is deemed to be the place where the local management is located. AssessmeAdministrative Law · Source page 479
  3. Principle 1667A shareholding company of either type. Of whom it is composed, how it is incorporated and publicized, and when it acquires legal personality. - Incorporation of public or closed shareholding companies. Commercial acts. WAdministrative Law · Source page 479
  4. Principle 1668Possession satisfying its conditions and continuing for 15 years. A presumption of ownership in favor of the possessor, whether an individual or a legal person.Administrative Law · Source page 479

  5. أملاك الدولة

    Principle 1669The Kuwait Stock Exchange. Its enjoyment of independent legal personality and its capacity to dispose of its assets. - The elements and constituent requirements of a public institution, including undertaking the managemeAdministrative Law · Source page 479
  6. Principle 1670Prohibition on taking possession of State property without prior permission from the competent administrative authority. The prohibition covers State property outside and within the general planning boundary. Excepted thAdministrative Law · Source page 480
  7. Principle 1671Land situated outside the planning lines. Considered State property. The implication thereof. No claim to individual ownership thereof is recognized. The exception in the two cases provided for in Law 18/1969. The effectAdministrative Law · Source page 480
  8. Principle 1672The State’s right of removal by administrative means. Confined to interference with or encroachment upon its property whereby either constitutes usurpation.Administrative Law · Source page 480
  9. Principle 1673Protection of State property inside and outside the planning boundary by prohibiting taking possession of it with the intention of acquiring ownership, disposing of it, attaching it, possessing it or benefiting from it wAdministrative Law · Source page 480
  10. Principle 1674The conditions necessary for a contract to be considered administrative. One party must be a public legal person contracting in its capacity as a public authority; it must relate to the activity of a public service with Administrative Law · Source page 481
  11. Principle 1676Land situated within the planning boundary south of the Fifth Ring Road, Jahra village within plan B/520, and Failaka Island within plan M/32689. Falls within the bounds of private ownership unless it is proven to be StaAdministrative Law · Source page 481
  12. Principle 1677Lands situated within the planning lines. The rule is that they fall within private ownership, except for what is proven to be owned by the State. Individuals claiming ownership thereof. Permissible. Condition thereof. TAdministrative Law · Source page 481
  13. Principle 1678The bank managing the indebtedness subject to Law 41 of 1993. The assets under its management. Their ownership passes to the State as private property. Its decisions concerning them. They are not administrative decisionsAdministrative Law · Source page 482
  14. Principle 1679State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it otherwise than by public auction. The administrative authority has absolute freedom toAdministrative Law · Source page 482
  15. Principle 1680The provision limiting the role of the competent minister—the Minister of Commerce and Industry—to issuing the licensing decision for industrial plots, and providing that the Ministry of Finance is entrusted with concludAdministrative Law · Source page 482

  16. أموال عامة

    Principle 1681Use of State property allocated for public benefit, including seashores. May only be by way of a licence bearing the elements of an administrative contract and governed by the conditions contained therein and the legal rAdministrative Law · Source page 482
  17. Principle 1682The State's private property within or outside the planning line. Taking possession of it with the intention of acquiring ownership or disposing of it. Impermissible.Administrative Law · Source page 483
  18. Principle 1683State-owned industrial plots are not considered public property. The effect thereof.Administrative Law · Source page 483
  19. Principle 1684Establishment of the Audit Bureau. Its purpose. Achieving effective oversight of public funds.Administrative Law · Source page 483
  20. Principle 1685State-owned industrial plots. They are not considered public property. The rationale thereof. They lack the element of allocation for public benefit. They are considered the State's private property. The consequence therAdministrative Law · Source page 483

  21. المرافق العامة

    Principle 1686Property owned by the State or any public legal person and allocated to public benefit, in fact or pursuant to law, is deemed public property. Individuals may not use it except under a licence from the competent administAdministrative Law · Source page 483
  22. Principle 1687The administrative contract. Its nature. Its subjection to a special regime. Its inclusion of unusual and exceptional terms. The reason therefor. Securing public services. - The administration's right to impose financialAdministrative Law · Source page 484
  23. Principle 1688An administrative contract concluded through public tender. How it is formed. The contractual relationship therein. What determines it. Preliminary discussions and negotiations fall outside that relationship. The reason.Administrative Law · Source page 484
  24. Principle 1689An employee’s claim to an acquired right to work in a particular place or a particular position, by appointment or secondment. Impermissible. The reason: the administration’s power to transfer him from one position to anAdministrative Law · Source page 484
  25. Principle 1690The principle of equality before public services. Its enjoyment of judicial protection. - Contracts for the employment of public employees. Administrative contracts, considered among the administration’s means of operatiAdministrative Law · Source page 484
  26. Principle 1691Considering a contract administrative. Its condition. One of its parties must be a public legal person contracting in its capacity as a public authority, the contract must relate to the activity of a public service, and Administrative Law · Source page 485
  27. Principle 1692Administrative contracts. Their subjection to a special legal regime differing from the regime governing civil contracts. The reason therefor. The unequal interests represented by each party to an administrative contractAdministrative Law · Source page 485
  28. Principle 1693Considering a contract an administrative contract. Its condition. That one of its parties be a public legal person contracting in its capacity as a public authority, that the contract relate to the activity of a public sAdministrative Law · Source page 485
  29. Principle 1694An employee's personal fault and service-related fault. The distinction between them. Its criterion. The intent underlying the employee's conduct while performing the duties of his position. Fault is considered personal Administrative Law · Source page 485
  30. Principle 1695The penalties that the administration may impose on the contracting party if it breaches the terms of the contract. Their aim is the operation of public services. The consequence thereof. Their imposition does not requirAdministrative Law · Source page 486
  31. Principle 1698Kuwait Stock Exchange. It enjoys independent legal personality and has capacity to dispose of its assets. - Kuwait Stock Exchange. Its powers and objectives. - Government supervision of the Exchange. Its manifestations. Administrative Law · Source page 486
  32. Principle 1699Decisions seconding civil servants. They fall outside the jurisdiction of the Administrative Circuit where the administrative authority intended by those decisions to produce the legal effect intended by secondment, withAdministrative Law · Source page 487
  33. Principle 1701The employee must preserve the dignity of the office and conduct himself in his actions in a manner consistent with the respect due to it. - Disciplinary offences leave the competent authority broad latitude to impose thAdministrative Law · Source page 487

  34. أوراق مالية

    Principle 1703The right to complain and report disciplinary violations. Guaranteed to the employee in the interests of the public interest. The condition for this. The reporting person must be certain of the accuracy of what he reportAdministrative Law · Source page 488
  35. Principle 1704Regulation of trading in companies’ securities. Relates to public policy. Its effect. Transactions contrary to that regulation are absolutely void. - A void contract. Produces no effect from the time of its conclusion. TAdministrative Law · Source page 489
  36. Principle 1706A shareholder, whether an individual or a company, in a shareholding company listed on the Kuwait Stock Exchange. His obligation to notify the Exchange administration and the company’s Board of Directors, by registered lAdministrative Law · Source page 489

  37. إسكان

    Principle 1709Public markets designated for public benefit. Their occupation is in return for a fee, not rent, and pursuant to temporary licences that are not binding on the licensing authority, which may cancel or revoke them before Administrative Law · Source page 491
  38. Principle 1710The legislature's abolition of the residential plots system. Effect thereof. - The municipality's right to exchange State-owned real estate in planning-block projects and residential, commercial and industrial areas for Administrative Law · Source page 492
  39. Principle 1711A citizen's obtaining a plot and a loan pursuant to the Minister of Housing's decision of 1967 and its amendments and Council of Ministers Decision No. 20/1977. Its condition. That he has formed a family according to theAdministrative Law · Source page 492
  40. Principle 1712The legislature’s regulation of the provisions of housing welfare. Its purpose. - The conditions and rules that must be satisfied by a beneficiary of the housing welfare system. Their nature. Priority of registration of Administrative Law · Source page 492

  41. بيوت حكومية

    Principle 1713The person entitled to a plot is obliged to begin construction on it within one year from the date of receiving it and to complete construction within three years. The Minister of Housing may issue a decision specifying Administrative Law · Source page 492

  42. التسكين

    Principle 1716President of the Audit Bureau. His powers in relation to the Bureau's employees are the same as those of a minister in relation to the employees of his ministry, and he has the authority of the Minister of Finance and InAdministrative Law · Source page 494

  43. انتخابات

    Principle 1717Placement in positions. What is meant thereby: placing an employee in the position consistent with his qualifications and previous experience in accordance with the legal conditions and rules governing his situation or tAdministrative Law · Source page 494

  44. جوازات السفر

    Principle 1720Birth certificates and civil identity cards were not originally intended to establish nationality. The administrative authority is not obliged to grant an application for their issuance where the conditions for its accepAdministrative Law · Source page 495
  45. Principle 1721Issuance of Kuwaiti passports. Permissible only to persons whose Kuwaiti nationality is established under the provisions of the Nationality Law in force at the time of the passport application. - Minors born to a KuwaitiAdministrative Law · Source page 496
  46. Principle 1722The administrative authority's refusal to take a decision that it was required to take, whether rejecting or approving, pursuant to laws and regulations. It may be challenged by annulment as a negative decision. - The prAdministrative Law · Source page 496
  47. Principle 1725Individuals' freedom of movement. One of the public freedoms guaranteed by the Constitution. Its exercise may only be within the limits and regulatory rules prescribed by law. - Review by the administrative judiciary of Administrative Law · Source page 497

  48. جنسية

    Principle 1727Proof of the death of persons whose deaths on Kuwaiti territory were not reported, after one year has elapsed from the date of death. Its procedures. Recourse to the Births and Deaths Committee, which undertakes the procAdministrative Law · Source page 498
  49. Principle 1728The judgment's reliance, in ruling to correct the entry concerning the nationality of the respondent's son to make it non-Kuwaiti, on the card for attending to affairs of persons residing illegally and the notification oAdministrative Law · Source page
  50. Principle 1729Granting Kuwaiti nationality by decree. Its cases. - Issuance of Kuwaiti passports. Permissible only for persons whose Kuwaiti nationality is established pursuant to the Nationality Law in force at the time of the passpoAdministrative Law · Source page
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