Kuwait Court of Cassation principle number 5

The 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. Their nature. He may not rely on rules of equity as a source of legislation in the absence of a provision, or rules of Islamic jurisprudence, or custom as a supplementary formal source among those stipulated in the law. Article 1, Civil Code. - The State’s liability to compensate its civilian employees for work injuries. Its basis: fault for which it is answerable, or fulfilment of the conditions for recourse against it for Sharia diyah as guarantor of bodily harm in respect of that injury. Compensation determined by the tripartite committee for work injuries. A grant from the State to the employee injured during and because of work. The reason for this: the absence from the Civil Service Law and Regulations of a provision obliging the administrative authority to compensate the employee for a work injury. Contravention of this. An error in the application of the law requiring cassation of the judgment. An example. - 7 - The Law