Kuwait Court of Cassation principle number 194

Substantive provisions. Do not apply to facts and legal positions predating the entry into force of the law prescribing them. They are governed by the law in force when they occurred, whether as regards their inception, their production of effects, or their extinction. - The new law applies from its entry into force with immediate effect to future effects arising from prior legal positions, in implementation of the principle of non-retroactivity of laws, unless otherwise stipulated. The exception: the effects of legal acts concluded under the old law remain subject to it unless there are provisions relating to public policy. - Laws shall be published in the Official Gazette within two weeks of the date of their issuance and shall enter into force one month after the date of their publication. This period may be extended or shortened by a provision in the law. Article 178 of the Constitution. - The deceased’s death before the provisions of Law 5/1971 concerning the obligatory bequest entered into force. Its effect. Its non-application in implementation of the principle of non-retroactivity of laws. The reason therefor: death is considered the event giving rise to the right claimed, irrespective of the date of filing the action claiming the right to inheritance. - The rules of the school of Imam Malik, which were applied before the issuance of the Obligatory Bequest Law. Their predominant position contained no mention of that bequest. - The Obligatory Bequest Law. Introduced a rule contrary to the position of the Maliki, Shafi‘i and Hanafi schools and made a bequest obligatory for grandchildren whose fathers or mothers die during the lifetime of their father or mother, and who inherit nothing because of the existence of someone excluding them from inheritance, if no bequest is made to them, adopting the Hanbali position.