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. التمسك بتطبيق قانون أجنبي

    Principle 595Establishment that both parties to the action are Syrian nationals. Its implication. The Syrian Personal Status Law is the applicable law. - 130 - The Law - Application of Syrian law to a Christian who embraces Islam. ThCivil Matters — Volume 10 · Source page ١٣٠

  2. القانون الدولي العام

    Principle 596Judgments and orders issued in a foreign country. They may be enforced in Kuwait under the same conditions prescribed by that country's law for enforcing judgments and orders issued in Kuwait. An application for an enforCivil Matters — Volume 10 · Source page ١٣١
  3. Principle 597The state's right to take the measures necessary to safeguard its supreme interests and secure its safety derives from international law. Its implication. It may deport undesirable foreigners or prevent their recruitmentCivil Matters — Volume 10 · Source page ١٣١
  4. Principle 598The provisions of Law 47 of 1993 concerning Housing Welfare(*). Must be applied and are not detracted from by the issuance of the Universal Declaration of Human Rights with its rights specific to women. - The Convention Civil Matters — Volume 10 · Source page ١٣٢

  5. القانون العام والقانون الخاص

    Principle 599The rules governing consular representation. Their source is the rules of public international law. The customary functions of consular missions. Consuls acting as notaries of contracts and registrars of civil status, anCivil Matters — Volume 10 · Source page ١٣٢
  6. Principle 600Disregarding the special law in order to apply the provisions of the general law. Impermissible. The reason thereof. - Subsequent legislation. Its effect. Repeal of the previous legislation.Civil Matters — Volume 10 · Source page ١٣٢
  7. Principle 601Recourse to the general law is impermissible where a special law exists. Regulation of obligations arising from unlawful acts by Law 6 of 1961. Its provisions must be applied rather than those contained in the Majalla ofCivil Matters — Volume 10 · Source page ١٣٢
  8. Principle 602Disregarding a special law in order to apply a general law is impermissible. The reason. Contradiction of the purpose for which the special law was enacted. Example concerning the impermissibility of limitation under theCivil Matters — Volume 10 · Source page ١٣٣
  9. Principle 603Recourse to the rules prescribed in the general law. Its condition. That their regulation has been omitted from the special law.Civil Matters — Volume 10 · Source page ١٣٣
  10. Principle 604No recourse is to be had to the provisions of the general law where a special law exists, except in respect of provisions omitted by the special law. The reason: the impermissibility of disregarding the special law in orCivil Matters — Volume 10 · Source page ١٣٣
  11. Principle 605No recourse to the provisions of the general law where a special law exists, except as to provisions omitted by the special law. The reason therefor. An example concerning bankruptcy.Civil Matters — Volume 10 · Source page ١٣٣
  12. Principle 606It is impermissible to disregard the special law in order to apply the general law, as this conflicts with the purpose for which the special law was enacted. - The Public Prosecution may request a declaration of bankruptCivil Matters — Volume 10 · Source page ١٣٣

  13. مسائل متنوعة

    Principle 607A special law may not be disregarded in order to apply the general law except in respect of provisions omitted from the special law. Reason therefor: the special law is an exception to the general law, limiting the generCivil Matters — Volume 10 · Source page ١٣٣
  14. Principle 608The Civil Code applies to commercial obligations and contracts in matters for which no provision exists in the Commercial Code. The principal's release of the agent from the obligation to render an account of his acts. TCivil Matters — Volume 10 · Source page ١٣٤
  15. Principle 609Applying the rule of law to the facts of the case. A duty of the court of merits; it must seek this rule of its own motion. Its reaching a correct result on erroneous legal grounds. The Court of Cassation must correct thCivil Matters — Volume 10 · Source page ١٣٤
  16. Principle 611The retained lawyer's signature on the pleading pursuant to the provisions of the Law Regulating the Legal Profession. Its implication. What appears in statements of claim or memoranda submitted in the action. It is attrCivil Matters — Volume 10 · Source page ١٣٥

  17. أهليته

    Principle 615Definition of mental infirmity under Article 945 of the provisions of the Majalla of Judicial Rules and the statements of jurists. Assessment of the existence of mental infirmity. A matter of fact. The disposition of a mCivil Matters — Volume 10 · Source page ١٣٩
  18. Principle 616The capacity required to agree to arbitration is the capacity to dispose. This condition must be satisfied in the principal. A representative may conclude an arbitration agreement with special authorization.Civil Matters — Volume 10 · Source page ١٣٩
  19. Principle 618A child lacking discernment is subject to guardianship over the person, beginning with his father, even if in the custody of his divorced mother. The reason for this. The father is his legal representative and that of a Civil Matters — Volume 10 · Source page ١٣٩
  20. Principle 619The acknowledging person’s capacity to dispose of what he has acknowledged. A condition for the validity of the acknowledgment. The acknowledging person being prohibited from disposing of his property. Its effect. An ackCivil Matters — Volume 10 · Source page ١٣٩
  21. Principle 620The nullity or voidability of the guaranteed obligation. Its effect. The guarantor’s obligation acquires the same character. The reason: the guarantor’s obligation is accessory to the principal obligation as regards valiCivil Matters — Volume 10 · Source page ١٤٠
  22. Principle 621Constitution of the proceedings in an action, appeal, or cassation appeal. Its condition. They must be brought through valid procedures and the litigant must have capacity to litigate. Nullity resulting from failure to oCivil Matters — Volume 10 · Source page ١٤٠
  23. Principle 622The litigant possesses capacity to be a party to proceedings. The judgment's conclusion rejecting the plea that joining him as a party is inadmissible. Challenging the legal statements it set out in that regard. UnavailiCivil Matters — Volume 10 · Source page ١٤٠
  24. Principle 623Capacity to litigate. Its existence is a condition for conducting litigation. Proceedings instituted by a person lacking capacity. Void with a recurring nullity affecting all their stages, which the court declares of itsCivil Matters — Volume 10 · Source page ١٤٠
  25. Principle 624Validity of litigation. Its criterion. Establishment of the legal personality of the person conducting it, whether natural or juridical, and possession of capacity to litigate. Contravention thereof. Its effect: absoluteCivil Matters — Volume 10 · Source page ١٤١
  26. Principle 625The decision of the Arbitration Board for Forward Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for the Settlement of Forward Transactions in Company Shares as theiCivil Matters — Volume 10 · Source page ١٤١
  27. Principle 626Capacity depends upon the establishment of the litigant's legal personality, as a condition for the validity of the proceedings in the action. The litigant's lack of capacity. Its sanction is nullity.Civil Matters — Volume 10 · Source page ١٤١
  28. Principle 627Constitution of the proceedings. Conditions for their validity: that they be instituted through valid procedures and that the litigant have capacity to litigate. This must be present at all stages. The reason: nullity ofCivil Matters — Volume 10 · Source page ١٤١
  29. Principle 628A sole proprietorship has neither legal personality nor an independent patrimony. Its connection to its owner's patrimony. The requirement to sue it in the person of its owner.Civil Matters — Volume 10 · Source page ١٤١
  30. Principle 630The presumption is that volition exists when any disposition is made unless the contrary is proved. - 141 - The Right - The state of insanity or mental infirmity becoming publicly known, or the court's appointment of a cCivil Matters — Volume 10 · Source page ١٤١
  31. Principle 631Obtaining a judgment establishing entitlement to procure a passport for a person of diminished capacity. Permissible for any interested party. Its condition: establishment that the legal representative has abused his rigCivil Matters — Volume 10 · Source page ١٤٢
  32. Principle 632Capacity to litigate. Its relation to public policy. The defense of its absence. It rests on facts that must be raised before the trial court. Raising it for the first time before the Court of Cassation. Inadmissible.Civil Matters — Volume 10 · Source page ١٤٢
  33. Principle 633The dispositions of a feeble-minded person are governed by the provisions applicable to the dispositions of a discerning minor. - The dispositions of a discerning minor: when they are valid, when they are void, or when tCivil Matters — Volume 10 · Source page ١٤٢
  34. Principle 634Dispositions capable of both benefit and detriment. What is meant by them. An example. - A person with diminished capacity invoking his diminished capacity. His having claimed to possess capacity does not prevent this. -Civil Matters — Volume 10 · Source page ١٤٢
  35. Principle 635Guardianship over Kuwaitis under interdiction vests first in the Public Authority for Minors Affairs. Unless the court considers it appropriate to appoint another guardian. The basis thereof. Article 138 Civil Code. - AsCivil Matters — Volume 10 · Source page ١٤٢
  36. Principle 636The constitution of proceedings. Its condition. They must be instituted through valid procedures, and the party must have capacity to litigate, whether when the action is initially brought, when the judgment rendered theCivil Matters — Volume 10 · Source page ١٤٣
  37. Principle 637The two elements of the creation of a legal person. - A sole proprietorship does not possess legal personality and has no capacity to be a party to litigation. The person conducting litigation on its behalf is its owner,Civil Matters — Volume 10 · Source page ١٤٣
  38. Principle 638Appointment of a curator over the property of a person under interdiction does not preclude appointment of a guardian over his person. The reason therefor. - The general rule regarding guardianship over the person is thaCivil Matters — Volume 10 · Source page ١٤٣
  39. Principle 639The Kuwaiti partner in general partnerships, limited partnerships of both types, and limited liability companies established before the liberation of the country. His right to remove the non-Kuwaiti partner. The cases anCivil Matters — Volume 10 · Source page ١٤٣
  40. Principle 640Constitution of the litigation. The condition for its validity. That it be initiated by a litigant or directed against a litigant possessing capacity to be a party and to litigate, whether at its commencement or upon appCivil Matters — Volume 10 · Source page ١٤٣
  41. Principle 641The two elements necessary for the creation of a legal person. - 143 - The Right - An establishment without legal personality has no capacity to acquire rights and bear obligations, nor does it have capacity to be a partCivil Matters — Volume 10 · Source page ١٤٣
  42. Principle 642The general rule is that procedural legal rules apply with immediate effect to actions brought while they are in force, even if those actions arise from earlier facts. - Intervention of the Public Prosecution in certain Civil Matters — Volume 10 · Source page ١٤٤
  43. Principle 643A decision of the Arbitration Board for Forward Share Transactions prohibiting a debtor from disposing of his property. Its implication. Divesting the debtor of the power to administer or dispose of that property. This dCivil Matters — Volume 10 · Source page ١٤٤
  44. Principle 644An application for interdiction of an insane, mentally infirm, gullible, or prodigal person. Those having an interest therein. The Department of Minors’ Affairs and every interested person. - Institution of the action byCivil Matters — Volume 10 · Source page ١٤٤
  45. Principle 645Assessment of the existence of a state of feeble-mindedness necessitating interdiction as one of the impediments to capacity. A question of fact within the independent purview of the court of merits. Its condition. - 144Civil Matters — Volume 10 · Source page ١٤٤
  46. Principle 646An establishment without legal personality. An element of its owner's patrimony. Its implication. It lacks capacity to be a party to proceedings and therefore may neither sue nor be sued; its owner conducts proceedings cCivil Matters — Volume 10 · Source page ١٤٥
  47. Principle 647The minors among the plaintiffs attaining majority before the action is ready for judgment on its merits. Its effect. Cessation of the standing of the guardian conducting the litigation on their behalf, interruption of tCivil Matters — Volume 10 · Source page
  48. Principle 648Failure to raise the issue of the appearance of signs of puberty in the boy before the Court of Appeal. A new defence involving mixed questions of fact and law. Its effect. Its inadmissibility before the Court of CassatiCivil Matters — Volume 10 · Source page
  49. Principle 649A girl exceeding the age of nine according to the lunar calendar. Its effect. Establishment of her capacity to litigate. Her personal appearance before the court, her choice to live with her mother, and her failure to obCivil Matters — Volume 10 · Source page
  50. Principle 650Substantive conditions for the validity of marriage. Their determination. Its reference. The spouses' nationality if it is the same. Their differing nationalities. Effect thereof. Recourse must be had to the law of each Civil Matters — Volume 10 · Source page
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