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

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  1. في المسائل الإدارية والخدمة المدنية

    Principle 536State-owned industrial plots. They are not considered public property. Reason therefor. Their lack of the element of dedication to public benefit. Their being considered the State's private property. Its implication. TheCivil Matters — Volume 10 · Source page ١١٧
  2. Principle 537A female employee married to an employee working at the Ministry of Foreign Affairs or to one of those dispatched by other government entities on representative missions. She is entitled to special leave at half salary tCivil Matters — Volume 10 · Source page ١١٧
  3. Principle 538Periodic leave. It is granted only upon the employee's request. An employee may not use more than ninety days of his accrued periodic leave in one year; upon termination of his service, he shall be paid a cash allowance Civil Matters — Volume 10 · Source page ١١٨
  4. Principle 539Application of the provisions of Article 3/b of Decree-Law 15/1979 concerning the Civil Service to entities whose service affairs are regulated by special laws, in matters for which no special provision appears in those Civil Matters — Volume 10 · Source page ١١٨
  5. Principle 540The assignment of a particular competence to an administrative authority by law. Its effect: it may not be relinquished or delegated. The reason thereof: exercising that competence is a duty upon it, not a right belonginCivil Matters — Volume 10 · Source page ١١٨
  6. Principle 541The employee’s relationship with the administrative authority. A regulatory relationship governed by laws and regulations. The employee’s position in this respect is a general legal position. It may be changed at any timCivil Matters — Volume 10 · Source page ١١٩
  7. Principle 542Judgments issued by the Court of First Instance are appealable if the dispute is of unassessed value or its value exceeds one thousand dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended, eCivil Matters — Volume 10 · Source page ١١٩

  8. بالنسبة للموظفين الفنيين بديوان المحاسبة

    Principle 543Non-Kuwaitis may be appointed only on a temporary and contractual basis. The provisions of the Civil Service Law and the Civil Service Regulations apply only to matters for which no special provision appears in the contrCivil Matters — Volume 10 · Source page ١١٩
  9. Principle 544The existence of a special law. Its effect. No recourse to the provisions of the general law except in respect of provisions omitted by the special law. The reason therefor. The impermissibility of disregarding the speciCivil Matters — Volume 10 · Source page ١١٩

  10. في مسائل العمل وقطاع الأعمال النفطية

    Principle 545Technical employees of the Audit Bureau. The legislature prescribed for them a special legal regime encompassing their appointment, discipline, and termination of service. Its implication. The provisions contained in theCivil Matters — Volume 10 · Source page ١٢٠
  11. Principle 546Work accident and work injury. The meaning of each under Law No. 38 of 1964(*) concerning Labour in the Private Sector. - Determining or negating a work injury. A matter of fact within the exclusive province of the courtCivil Matters — Volume 10 · Source page ١٢١
  12. Principle 547The absence from Law 38/1964(*) concerning labour in the private sector, as amended, of a provision governing the accrual of interest on financial obligations arising from an employment contract and owed by either party Civil Matters — Volume 10 · Source page ١٢١
  13. Principle 548A fixed-term employment contract. Termination by either party. Its effect. That party’s obligation to compensate for the damage sustained by the other party as a result. Inclusion in the employment contract of a clause rCivil Matters — Volume 10 · Source page ١٢١
  14. Principle 549The old-age, disability, sickness and death insurance scheme. The employer’s obligations under this insurance scheme. Their nature. - Benefiting from the more favourable benefit scheme and the criterion for claiming thatCivil Matters — Volume 10 · Source page ١٢١
  15. Principle 551The provisions of Law 28 of 1969 concerning labour in the oil business sector apply in national companies only to their Kuwaiti workers.Civil Matters — Volume 10 · Source page ١٢٢
  16. Principle 552Law 38 of 1964(*) concerning Labour in the Private Sector supplements Law 28 of 1969 concerning Labour in the Oil Business Sector in matters for which the latter law contains no provision. The latter law's absence of rulCivil Matters — Volume 10 · Source page ١٢٢
  17. Principle 553Absence from the Labour Law for the Oil Business Sector of regulation of a particular matter. Its effect. The provisions of the Labour Law for the Private Sector must be applied to it. Article 2 of Law 28 of 1969 concernCivil Matters — Volume 10 · Source page ١٢٢
  18. Principle 555The absence in the Private Sector Labor Law of a provision governing the accrual of interest on financial entitlements owed to one party to an employment contract by the other party, and its failure to refer in that regaCivil Matters — Volume 10 · Source page ١٢٣
  19. Principle 556Domestic workers and workers to whom other laws apply. Their exemption from application of the provisions of the Private Sector Labour Law in matters provided for by those laws. The Sports Bodies Law. Its absence of provCivil Matters — Volume 10 · Source page ١٢٣
  20. Principle 557The challenged judgment's conclusion that the female appellant was unable to prove an employment relationship between her and the respondent, that what she submitted was unsuitable as evidence to establish that, and thatCivil Matters — Volume 10 · Source page ١٢٣
  21. Principle 559Kuwait National Petroleum Company. The absence from its articles of association of any grant of attributes or privileges of public authority. Its effect. It is regarded as a private-law person, and its decisions are not Civil Matters — Volume 10 · Source page ١٢٣
  22. Principle 560The Private Sector Labour Law's lack of a provision regulating the accrual of interest on financial obligations arising from an employment contract. Its effect. Recourse must be had to the provisions of the Civil Code. ICivil Matters — Volume 10 · Source page ١٢٤
  23. Principle 561The import of the text of Article 3 of Article 19 of 2000 concerning Support for National Labour and Encouraging It to Work in Government Entities is that the condition for an employee in government entities to retain thCivil Matters — Volume 10 · Source page ١٢٤
  24. Principle 562Retention of the benefit of an employee in government entities continuing to receive a child allowance exceeding the maximum limit after the enactment of Law No. 19 of 2000 requires that the employee have been in the serCivil Matters — Volume 10 · Source page ١٢٤

  25. في مسائل المديونيات

    Principle 564A grant or bonus. Considered part of the wage if the employer undertakes to pay it in the employment contract, a subsequent agreement, the work regulations, or pursuant to custom. The condition for this: regularity in itCivil Matters — Volume 10 · Source page ١٢٥
  26. Principle 565Laws enacted concerning the State's purchase of certain debts. They authorize the Central Bank of Kuwait, on behalf of the State, to purchase the total cash facilities specified therein. The legislature's objective thereCivil Matters — Volume 10 · Source page ١٢٥
  27. Principle 567The Central Bank's representation of the state in purchasing the total cash facilities provided by local banks and by investment companies subject to the supervision of the Central Bank of Kuwait. This entails the transfCivil Matters — Volume 10 · Source page ١٢٥
  28. Principle 568Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to the liability of a debtor who replaces him. What follows therefrom. Example concerning the State's purchase of local banks'Civil Matters — Volume 10 · Source page ١٢٥
  29. Principle 570It is impermissible to disregard a special law in order to apply a general law. An example concerning the impermissibility of invoking the Civil Code’s provisions on the deposit contract and disregarding the provisions oCivil Matters — Volume 10 · Source page ١٢٦
  30. Principle 572Law 32 of 1967 concerning the Army. It applies only to military personnel and not to others. The term military person. What is meant thereby: a person who has adopted military service as a career. - General mobilization.Civil Matters — Volume 10 · Source page ١٢٦
  31. Principle 573The absence in Law 70 of 1980 regulating retirement pensions and gratuities for non-Kuwaiti military personnel of - 126 - The law a provision regulating litigation procedures concerning claims against the Public InstitutCivil Matters — Volume 10 · Source page ١٢٦
  32. Principle 574Voluntary enlistment of non-Kuwaitis as non-commissioned officers and soldiers. Its manner. By contract. Application of the provisions of Law 32 of 1967 and the provisions contained in the forms of contracts concluded wiCivil Matters — Volume 10 · Source page ١٢٧
  33. Principle 575Decree-Law 70 of 1980. Regulated the rights of non-Kuwaiti military personnel and established their right to a retirement pension in cases where military service ends. Its repeal of preceding legislation in respect of miCivil Matters — Volume 10 · Source page ١٢٧
  34. Principle 576Law 70 of 1980 was enacted regulating retirement pensions and gratuities for non-Kuwaiti military personnel and establishing entitlement to a retirement pension in the exhaustively specified cases in which military serviCivil Matters — Volume 10 · Source page ١٢٧

  35. التمسك بتطبيق قانون أجنبي

    Principle 577Recourse to the statutory provision applicable to the facts of the case within the limits of the provision’s clear wording. Mandatory for the judge. It is impermissible to adopt anything contrary to it or to restrict it.Civil Matters — Volume 10 · Source page ١٢٧
  36. Principle 578Reliance on foreign legislation. A fact that must be proved. Before the trial court.Civil Matters — Volume 10 · Source page ١٢٨
  37. Principle 579Reliance on foreign legislation. A fact of which evidence must be established. Before the court of merits, submission of unofficial copies does not suffice to prove it. The necessity of submitting an official copy thereoCivil Matters — Volume 10 · Source page ١٢٨
  38. Principle 581Reliance on foreign legislation. A matter of fact for which evidence must be adduced before the court of merits.Civil Matters — Volume 10 · Source page ١٢٨
  39. Principle 582A foreign judgment whose enforcement is sought pursuant to the provisions of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. When it is considered to have been Civil Matters — Volume 10 · Source page ١٢٨
  40. Principle 583Reliance on foreign legislation. A fact of which proof must be established before the court of merits. Merely submitting an unofficial copy containing the provisions of that legislation does not suffice to prove it. An eCivil Matters — Volume 10 · Source page ١٢٨
  41. Principle 584The effects arising from marriage are governed by the law of the husband's nationality at the time the marriage is contracted. - Entitlement to spousal maintenance under the Family Rights Law in force in the Gaza Strip dCivil Matters — Volume 10 · Source page ١٢٩
  42. Principle 585Exclusion of the applicable provisions of foreign law. Not permissible unless they contravene public policy or morals in Kuwait, affect the existence of the State, or relate to a public and fundamental interest of the coCivil Matters — Volume 10 · Source page ١٢٩
  43. Principle 587Reliance on a foreign law amounts to no more than a material fact. The litigants must establish proof thereof; otherwise, Kuwaiti law applies as the law of the forum.Civil Matters — Volume 10 · Source page ١٢٩
  44. Principle 588Foreign legislation. A mere material fact. The burden of adducing evidence thereof rests on the party invoking it. Failure to submit an official copy thereof. Effect thereof. The judgment's application of the Kuwaiti PerCivil Matters — Volume 10 · Source page ١٢٩
  45. Principle 589Reliance on a foreign law. A material fact that must be proved. Failure to do so. Its effect. Application of the Kuwaiti Personal Status Law as the law of the forum. The judgment's adherence to this view. Correct.Civil Matters — Volume 10 · Source page ١٢٩
  46. Principle 590The effects of the marriage contract in relation to property. Recourse in this regard to the law of the husband's nationality at the time the marriage was contracted. Foreign law. Its treatment as a mere material fact. TCivil Matters — Volume 10 · Source page ١٢٩
  47. Principle 591Invoking the application of foreign law. It is considered merely a material fact. The implication thereof. Evidence thereof must be established. An example.Civil Matters — Volume 10 · Source page
  48. Principle 592Obligations arising from an unlawful act. Application of the law of the country where the act giving rise to the obligation occurred. Article 66 of Law 5 of 1961 regulating legal relations involving a foreign element. ApCivil Matters — Volume 10 · Source page
  49. Principle 593Foreign law is merely a material fact. Necessary consequence: the person asserting it must prove it before the trial court. It suffices for the person relying on that law to submit the substantive conflict-of-laws rules Civil Matters — Volume 10 · Source page
  50. Principle 594The law of the husband's nationality at the time the marriage is concluded. Reference to it regarding the effects arising from marriage, such as the lawfulness of marital intercourse, obedience, dower, maintenance, and tCivil Matters — Volume 10 · Source page
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