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

Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

Search this collection
  1. Principle 1The constitutional provision that Islamic Sharia is a principal source of legislation. Its implication. A direction to the legislature towards an Islamic orientation, but it did not make it the sole source of legislationCivil Matters — Volume 10 · Source page ٧
  2. Principle 2Custom arises only in the absence of a legal provision and cannot conflict with legal provisions in force. The effect of this: the administration’s repeated contravention of applicable decisions cannot constitute a bindiCivil Matters — Volume 10 · Source page ٧
  3. Principle 4Invoking custom. Impermissible unless legislation contains no provision applicable to the issue presented. The absence of special legislation regulating the issue does not justify recourse to custom as a subsidiary sourcCivil Matters — Volume 10 · Source page ٧
  4. Principle 5The Civil Code is the general law governing civil liability. Its provisions apply to cases of liability for which no special provision exists. - The provisions and rules that the judge must apply when issuing judgments. Civil Matters — Volume 10 · Source page ٧
  5. Principle 6Maintenance under the Ja'fari school has no exhaustive list of types. What matters is the necessities of life a person needs for his livelihood. This means: it varies in kind, quantity, and manner according to differenceCivil Matters — Volume 10 · Source page ٨
  6. Principle 7The failure of the text of Article 8 of Law 51 of 1984 to specify who the guardian is. His definition in jurisprudence as a blood agnate in his own right, whose lineage is not through a female alone, and all brothers areCivil Matters — Volume 10 · Source page ٨

  7. افتراض العلم به- امتناع الإعتذار بالجهل بأحكامه

    Principle 8Maintenance for a wife or relative under the Jaʿfari school has no exhaustive enumeration of its types. The criterion is what a person needs for subsistence from the necessities of life. Its implication: it varies in typCivil Matters — Volume 10 · Source page ٨
  8. Principle 9The laws and regulations under which contracts are concluded with employees. Everyone is presumed to know them. Effect thereof. Their incorporation into their appointment contracts.Civil Matters — Volume 10 · Source page ٨

  9. تدرجه

    Principle 10The laws and regulations under which contracting takes place. Everyone's knowledge of them is presumed. The effect of that in considering them terms of the contract. Its gradation:Civil Matters — Volume 10 · Source page ٨

  10. دستوريته

    Principle 11Decisions of the executive authority pursuant to delegation by the legislative authority. Have the force of law. - 8 - Law Its constitutionality:Civil Matters — Volume 10 · Source page ٨
  11. Principle 12Challenges to judgments finding that a dispute over the constitutionality of laws, decree-laws and regulations is not serious. Exclusive jurisdiction to determine them lies with the Appeals Examination Committee at the CCivil Matters — Volume 10 · Source page ٩
  12. Principle 13The Constitutional Court has exclusive jurisdiction to interpret constitutional provisions and determine disputes concerning the constitutionality of laws, decree-laws and regulations. Instituting proceedings before thatCivil Matters — Volume 10 · Source page ٩
  13. Principle 14Initiating proceedings before the Constitutional Court. How this is done. Challenging a judgment finding that a dispute concerning the constitutionality of a law is not serious. The Constitutional Court’s Appeals ExaminaCivil Matters — Volume 10 · Source page ٩
  14. Principle 15Judgments rendered in constitutional actions. Their binding authority is absolute. Their effect extends to all, and all judicial bodies are bound by them, whether they conclude that the legislative provision is unconstitCivil Matters — Volume 10 · Source page ٩
  15. Principle 16Constitutional action. Condition for its admissibility. The challenger must have a direct personal interest. This means that the ruling on the constitutional question must be capable of affecting the relief sought by theCivil Matters — Volume 10 · Source page ١٠
  16. Principle 17The plea raised by the appellant's representative that the first paragraph of Article 1 of Law 18 of 1969 concerning the Delimitation of State Property Outside the General Planning Boundary is unconstitutional. Failure oCivil Matters — Volume 10 · Source page ١٠
  17. Principle 18A plea of unconstitutionality. Failure to state the grounds on which it is based and the manner in which the challenged provision contravenes the Constitution. A plea lacking seriousness.Civil Matters — Volume 10 · Source page ١٠
  18. Principle 19Appeals against judgments finding a challenge to the constitutionality of laws and regulations not serious. The Appeals Examination Committee of the Constitutional Court has exclusive jurisdiction to determine them, to tCivil Matters — Volume 10 · Source page ١٠
  19. Principle 20A judgment declaring a provision of a law or regulation unconstitutional. It may not be applied from the day following the date of its publication in the Official Gazette. This effect extends to facts and legal positionsCivil Matters — Volume 10 · Source page ١٠

  20. القوة الملزمة للقانون

    Principle 21The nature of the Court of Cassation’s legal review of judgments of the court of the merits does not in itself preclude applying the legal provisions in force when deciding the appeal before it to the facts ascertained bCivil Matters — Volume 10 · Source page ١١
  21. Principle 22The aims and purposes intended by the legislature through the provisions and rules contained in Law 41 of 1993. Their nature. Its provisions take the form of binding rules which the debtor may not breach, prejudice, dimiCivil Matters — Volume 10 · Source page ١١
  22. Principle 23The obligation to adhere to the legislative provision and refrain from contravening it, to give precedence to higher-ranking legislation over lower-ranking legislation where they conflict, and to apply the higher-rankingCivil Matters — Volume 10 · Source page ١١

  23. إلغاء القانون ونسخه أو تعديله

    Principle 24The injured person in motor vehicle accidents. His right to compensation derives directly from the provisions of the Traffic Law and its Implementing Regulations. He may recover it from the insurance company. The only coCivil Matters — Volume 10 · Source page ١١
  24. Principle 25Recourse to the general law where a special law exists. In principle, impermissible in respect of matters left unregulated by the special law. Example concerning maritime transport. - When does subsequent general legislaCivil Matters — Volume 10 · Source page ١٢
  25. Principle 27The Social Insurance Institution. The requirement to submit a written claim to it and lodge a grievance against its decision concerning rights prescribed by the Social Insurance Law before bringing an action before the HCivil Matters — Volume 10 · Source page ١٢
  26. Principle 28Repeal of legislation. Its manner. Accession to the Brussels Convention concerning Bills of Lading. It did not repeal the Ports Law promulgated by Amiri Decree 7/1959.Civil Matters — Volume 10 · Source page ١٢
  27. Principle 30The existence of a field for applying the special law and the general law, and the subsequent legislation and the earlier legislation, differing from the other. Effect thereof. No basis for asserting the existence of issCivil Matters — Volume 10 · Source page ١٢
  28. Principle 31Recourse to the general law is permissible only regarding provisions omitted by the special law. The reason for that. - Special legislation is an exception to the legislation preceding it only insofar as it specifically Civil Matters — Volume 10 · Source page ١٣
  29. Principle 32Real Estate Registration Law 5/1959. Its regulation of non-Kuwaitis’ right to own real estate through general provisions applicable to all nationals of Arab states. Law 13/1975 regulating real estate ownership by citizenCivil Matters — Volume 10 · Source page ١٣
  30. Principle 33Repeal of legislation may be implied through the enactment of new legislation containing a provision conflicting with an old provision. The special provision restricts the general provision.Civil Matters — Volume 10 · Source page ١٣
  31. Principle 34It is permissible to agree in a sale contract that the seller shall retain ownership of the thing sold until the entire price is paid. Article 464, Civil Code, and Articles 137/1, 138, Commercial Law. Absolute nullity ofCivil Matters — Volume 10 · Source page ١٣
  32. Principle 35The legal non-existence of all legislation and decisions issued by Iraq during the Iraqi occupation of the State of Kuwait. An example. Concerning abolition of the Kuwaiti currency. - 13 - LawCivil Matters — Volume 10 · Source page ١٣
  33. Principle 36Payment in foreign currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174 of the Civil Code. The issuance of an Amiri Order on 3/8/1990 contradicting this. It has no effect Civil Matters — Volume 10 · Source page ١٤
  34. Principle 37The absence of a lawyer’s signature from the appeal petition. Its effect. Its invalidity, notwithstanding the absence of a provision to that effect in the Law of Procedure. The rationale thereof. The Legal Profession LawCivil Matters — Volume 10 · Source page ١٤
  35. Principle 38Subsequent general legislation does not impliedly repeal earlier special legislation. Example concerning the Public Ports Law.Civil Matters — Volume 10 · Source page ١٤
  36. Principle 39No recourse to the provisions of the general law where a special law exists, except in respect of provisions omitted by the special law. The reason therefor.Civil Matters — Volume 10 · Source page ١٤
  37. Principle 40Repeal of legislation. It may be express or implied. - Appointment to positions in the Department of Legal Advice and Legislation by a decision of the Supreme Council upon nomination by the Government’s legal expert. ArtCivil Matters — Volume 10 · Source page ١٤
  38. Principle 41Legislation is repealed by an express or implied provision. In the second case, repeal occurs only to the extent of the conflict between the old rules and the new rules. An example of a ministerial delegation that does nCivil Matters — Volume 10 · Source page ١٤
  39. Principle 42The supervisor of the Office for the Liquidation of Positions Arising from Forward Share Transactions, or those he authorises. Empowered to represent the Office in all cases, whether brought by it or against it, and alsoCivil Matters — Volume 10 · Source page ١٤
  40. Principle 43Subsequent general legislation. Does not implicitly repeal earlier special legislation. The latter is regarded as an exception to the rules of the new legislation. Its condition. That the new legislation is not formulateCivil Matters — Volume 10 · Source page ١٥
  41. Principle 44A special law may not be disregarded in order to apply the general law except in respect of matters not addressed by the special law. The reason: the special law is an exception to the general law, limiting the generalitCivil Matters — Volume 10 · Source page ١٥
  42. Principle 45Law 36 of 1964 concerning the Regulation of Commercial Agencies(*). Its inclusion of the general provisions governing those agencies. Its effect. The rule that no unregistered agency shall be recognised and no action conCivil Matters — Volume 10 · Source page ١٥
  43. Principle 47Civil Commercial Procedures Law(*). Its application to actions not adjudicated or procedures not completed before its entry into force. Article (1). The exception. Provisions amending time limits where the time limit hadCivil Matters — Volume 10 · Source page ١٦
  44. Principle 48Repeal of legislation. It is effected by an express provision contained in subsequent legislation, or implicitly by the issuance of new legislation containing provisions inconsistent with the old legislation; in the secoCivil Matters — Volume 10 · Source page ١٦

  45. سلطة القاضي في تطبيق القانون

    Principle 49Subsequent general legislation. Does not impliedly repeal prior special legislation. The latter remains applicable to achieve the purpose for which it was enacted, as an exception to the rules of the new legislation. ItsCivil Matters — Volume 10 · Source page ١٦

  46. نطاق تطبيقه

    Principle 51The Brussels Convention concerning maritime bills of lading. Applies only to the maritime stage. The stage preceding loading or following discharge. The Convention does not apply thereto.Civil Matters — Volume 10 · Source page ١٧
  47. Principle 52Law 35/78 concerning the Lease of Real Estate. What falls outside its scope of application: lease contracts containing essential terms unusual in ordinary leases. - Assessing the extent to which the contract contains essCivil Matters — Volume 10 · Source page ١٧
  48. Principle 53Law No. 35 of 1978 concerning the Lease of Real Estate. What falls outside its scope of application. Lease contracts containing essential terms that are unusual in ordinary leases. The criterion for identifying those terCivil Matters — Volume 10 · Source page ١٧
  49. Principle 54The Municipality’s reliance on the provisions of Law 5/1975 and Article 878 of the Civil Code. Of no avail, because privately owned land falls outside their scope of application.Civil Matters — Volume 10 · Source page ١٧
  50. Principle 55A lease concerning premises whose rent is determined taking into account tangible and intangible factors far exceeding in importance the premises themselves, such as benefiting from a trade name, a licence or other consiCivil Matters — Volume 10 · Source page ١٧
Page 1 of 73Next