Kuwait Court of Cassation principle number 3496

Law 51 of 1984 concerning Personal Status is special legislation whose provisions address all matters relating to personal status. The rules to be followed concerning the spouses’ financial rights where judicial separation on grounds of harm is sought are specified by Article 130 thereof. This Law does not address the elements of tort liability and obligations arising from an unlawful act committed by either spouse to the detriment of the other. Its necessary consequence. Recourse to the Civil Code. The reason for this. Its status as the general law. An example concerning a husband’s claim for compensation from his wife for her unlawful act after forfeiture of her financial rights arising from marriage and divorce. Scope of application of contractual liability and tort liability: