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. - مسئولية الإدارة عن قراراتها الإدارية المعيبة وعن عملها غير المشروع

    Principle 1819The administration's liability for administrative decisions issued concerning public employees. Its source is the law. The basis and effect thereof. An action for compensation in respect thereof is barred by the ordinaryAdministrative Law · Source page 525
  2. Principle 1820Property owners’ entitlement to compensation for the expropriation of their properties under the rules of tort liability. Its criterion. The administration’s failure to take the statutory procedures, whereby its seizure Administrative Law · Source page 525
  3. Principle 1821Expropriation of property without following the statutory procedures. Usurpation. Its effect. The administration’s liability to compensate its owner. The reason therefor.Administrative Law · Source page 525
  4. Principle 1822Judicial police acts for which the State is not liable. Their nature. Example. - 525 - AdministrativeAdministrative Law · Source page 525
  5. Principle 1824The administration's liability for administrative decisions. Its criterion. Example concerning the absence of liability of the administrative authority for awarding a tender. Articles 51 and 52 of the Tenders Law.Administrative Law · Source page 526
  6. Principle 1828The administration's liability for administrative decisions. Its basis. Fault consisting in the issuance of an unlawful administrative decision. - Establishing the fault giving rise to liability and the causal relationshAdministrative Law · Source page 526
  7. Principle 1829The administration's liability for administrative decisions. Its criterion. Fault consisting in issuing an unlawful administrative decision. - Inferring the fault giving rise to the administrative authority's liability. Administrative Law · Source page 526
  8. Principle 1830The administrative authority’s liability for its administrative decisions. Its basis is fault. The consequence thereof: liability may not be imposed on the basis of damage or any other basis. The challenged judgment’s apAdministrative Law · Source page 527
  9. Principle 1831The administration’s liability for administrative decisions. Its basis. - Inferring the fault giving rise to liability and the causal relationship between it and the damage. A matter of fact within the independent purvieAdministrative Law · Source page 527
  10. Principle 1832An employee’s absence from work for more than fifteen days. A presumption of implied resignation. Its basis. Article 81 of the Civil Service Regulations. It is rebutted by proof of another reason for the absence. - AuthoAdministrative Law · Source page 527
  11. Principle 1833The administration’s liability for the decisions it issues. Its criterion. Fault on its part, consisting of an unlawful final administrative decision, harm befalling the interested party, and a causal relationship betweeAdministrative Law · Source page 528
  12. Principle 1835The administration's seizure of real property to allocate it to public use without taking the procedures required by law for expropriation. Usurpation. Its effect. Its liability for compensation pursuant to the rules of Administrative Law · Source page 528
  13. Principle 1840The administration’s liability for decisions issued by it. Its basis: the existence of fault on its part, damage suffered by the person concerned, and a causal relationship between them. The existence of the element of fAdministrative Law · Source page 529

  14. - أركان المسئولية

    Principle 1851The criterion for establishing liability giving rise to compensation. - The court's confidence in the report of the expert appointed in the case, owing to the soundness of the investigations on which it was based, in whiAdministrative Law · Source page 532

  15. الملكية

    Principle 1854All land within the planning boundaries south of the Fifth Ring Road and in the village of Al-Jahra. The general rule is that it is private property. The exception. What is proved to be owned by the State. - Individuals Administrative Law · Source page 534
  16. Principle 1855The provisions of Laws 5/1959 and 5/1975 are addressed to the authority entrusted by the legislature with registration procedures under the first Law and to the administrative committees under the second Law. Courts may Administrative Law · Source page 534
  17. Principle 1856Expropriation for public benefit before the promulgation of the Constitution. The source of the Municipality's right to exercise it, its procedures, and grievances against it. Law 33/1984 regulated the manner of exercisiAdministrative Law · Source page 534
  18. Principle 1857An expropriation decision for public benefit preceding the promulgation of Registration Law 5/1959. Its registration is not required for ownership to pass to the State. The procedures necessary for this. Delay in registrAdministrative Law · Source page 534
  19. Principle 1858Land situated within the planning boundary. When it is considered State property. - The administration's seizure of real property to achieve public benefit without taking expropriation procedures. Usurpation entailing itAdministrative Law · Source page 535
  20. Principle 1859The vehicle owner's obligation to notify the Traffic Department of evidence of its ownership and to take certain procedures to establish its ownership; he is not relieved of this by the purchaser's failure to satisfy theAdministrative Law · Source page 535
  21. Principle 1860Land situated within the planning boundaries south of the Fifth Ring Road, in the village of Al-Jahra and on Failaka Island is, in principle, privately owned, except for what is proved to be owned by the State. Claiming Administrative Law · Source page 535
  22. Principle 1861Land situated within the planning boundaries south of the Fifth Ring Road, the village of Jahra within plan B/520, and Failaka Island within plan M/32689. Land falling within the bounds of private ownership unless it is Administrative Law · Source page 536
  23. Principle 1862All land within the planning boundaries south of the Fifth Ring, Jahra village, and Failaka Island is considered originally privately owned, except what is proven to be State-owned. Individuals may claim ownership thereoAdministrative Law · Source page 536
  24. Principle 1863Land situated within the planning boundaries. The general rule is that it falls within private ownership, except for what is proven to be owned by the State. Individuals’ claims to ownership thereof. Permissible. The conAdministrative Law · Source page 536
  25. Principle 1864Taking possession of State property with the intention of acquiring ownership of it, disposing of it, possessing it, or benefiting from it without prior permission from the competent administrative authority. The exceptiAdministrative Law · Source page 536
  26. Principle 1865Probative force of aerial photographs. Its nature. This does not prejudice the trial court's power to ascertain the true nature of the signs and features contained in those photographs and assess their significance. - 53Administrative Law · Source page 536
  27. Principle 1866Lands situated south of the Fifth Ring Road, Jahra village and Failaka Island within the designated plans. Private property, except such thereof as is proven to be owned by the State. Implication thereof. Individuals mayAdministrative Law · Source page 537
  28. Principle 1867Expropriation for public benefit. An in rem procedure. Its effect. Removing the property from the sphere of dealings immediately upon issuance of the expropriation decision and notification of its issuance to the real esAdministrative Law · Source page 537
  29. Principle 1868The provisions of Decree-Law No. 131/1986 concerning the expropriation of properties in respect of which acquisition instruments have been issued and properties in respect of which Municipal Council decisions for acquisiAdministrative Law · Source page 537
  30. Principle 1869Law No. 78 of 1986 amending Law No. 18 of 1969 concerning the determination of State property outside the planning boundary retained the 7 plots specified in subparagraph (c) of the first paragraph of Article 1 within thAdministrative Law · Source page 537

  31. القسائم الصناعية

    Principle 1870Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Its import. - 537 - AAdministrative Law · Source page 537

  32. المباني

    Principle 1871State-owned industrial plots. They are not regarded as public property but as part of the State’s private property. The consequence thereof. Contracts concluded by the State concerning them are not administrative contracAdministrative Law · Source page 539
  33. Principle 1872Prohibition on connecting electricity to a building in which a violation of the license conditions occurs. Its purpose. The public interest and individuals' interests. Establishment that harm to these 2 interests has ceaAdministrative Law · Source page 540

  34. غرامة التأخير

    Principle 1876The municipality's competence under its Establishment Law No. 15 of 1972 (*)- which governs the facts of the dispute - and Minister of Municipal Affairs Decision No. 26 of 1992 concerning premises, issued in implementatiAdministrative Law · Source page 542

  35. المنفعة العامة

    Principle 1883Property owned by the State or any public legal person and allocated to public use in fact or by virtue of law is public property. Individuals may not use it except under a licence from the competent administrative authoAdministrative Law · Source page 546

  36. الميزانية

    Principle 1885When 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 the said zones may be entrusted to sAdministrative Law · Source page 548
  37. Principle 1886Government entity. Its meaning in the Civil Service Law: every ministry, department or administrative unit whose budget forms part of, or is annexed to, the State general budget. - Employment allowances and benefits. TheAdministrative Law · Source page 549
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