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. أهليته

    Principle 651The guardian's disposition of a minor's immovable property without the court's permission. Its effect. Relative nullity of the disposition for the benefit of the minor alone, unless subsequently ratified by him upon attaCivil Matters — Volume 10 · Source page ١٤٦
  2. Principle 652Volition is presumed to exist unless the contrary is established. - Determining the existence of insanity extinguishing volition, as one of the impediments to capacity, and its susceptibility to change and cessation accoCivil Matters — Volume 10 · Source page ١٤٦
  3. Principle 653Valid constitution of proceedings. Its condition. That the litigant possess capacity to litigate. Its meaning. Capacity is not a condition for the admissibility of the action but a condition for the validity of its proceCivil Matters — Volume 10 · Source page ١٤٦
  4. Principle 654Legal personality. It ceases upon the death of a natural person. The implication: proceedings can exist only between living persons; otherwise they are nonexistent, produce no effect, and cannot be rectified by a subsequCivil Matters — Volume 10 · Source page ١٤٦
  5. Principle 655The general rule is that agency terminates upon the death of the principal or agent or the loss of capacity of either. The reason: personal considerations govern the selection of the agent. - The agent's heirs must prompCivil Matters — Volume 10 · Source page ١٤٦
  6. Principle 656The receiver's task. Its restriction to acts of administration and preservation. The receiver has standing in all actions arising from the receivership within the scope of the task entrusted to him under the judgment appCivil Matters — Volume 10 · Source page ١٤٦
  7. Principle 657Prodigality is the squandering and dissipation of property for what reasonable persons of religious observance do not regard as a proper purpose. The frivolity that overtakes a person and induces him to act contrary to tCivil Matters — Volume 10 · Source page ١٤٧
  8. Principle 658Non-existence of a judgment. Its condition: absence of its essential constituent elements. A defect alleged against a judgment that does not constitute a ground for its non-existence. Its consequence, if established, is Civil Matters — Volume 10 · Source page ١٤٧
  9. Principle 659Puberty. Its nature. A male or female reaching the age of puberty or exhibiting signs of puberty. Effect thereof. Termination of guardianship over his or her person. The girl not having reached the age of fifteen. NecessCivil Matters — Volume 10 · Source page ١٤٧
  10. Principle 660Capacity to litigate. Its establishment for natural persons and legal persons. - How a legal person comes into existence through its substantive and formal elements. The law's non-recognition of such personality for any Civil Matters — Volume 10 · Source page ١٤٧
  11. Principle 661Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the power to administer all his property, whether related to his trade or not. The reason: all his property secures paymeCivil Matters — Volume 10 · Source page ١٤٨
  12. Principle 662Capacity to litigate. A matter of public policy. The plea of its absence must be raised before the trial court. Reason therefor. - A challenge based on lack of capacity raised for the first time before the Court of CassaCivil Matters — Volume 10 · Source page ١٤٨
  13. Principle 663The dispositions of a non-discerning minor. Void. The reason therefor. Article 86 of the Civil Code.Civil Matters — Volume 10 · Source page ١٤٨
  14. Principle 664Travel with a child in custody to any State. A right of the female custodian without the guardian's permission. The condition: the travel must be temporary and not intended for residence and settlement. - Requiring the lCivil Matters — Volume 10 · Source page ١٤٨
  15. Principle 665Mental infirmity. It is a mental impairment that does not deprive a person of understanding but merely diminishes it. How it is established. Through specialist physicians and circumstantial indications.Civil Matters — Volume 10 · Source page ١٤٨
  16. Principle 666The plea of lack of capacity to litigate. It must be raised before the court of merits for examination and investigation. Its relation to public policy does not alter this. - 148 - The rightCivil Matters — Volume 10 · Source page ١٤٨
  17. Principle 667Mental deficiency is an impairment affecting the mind that does not deprive a person of understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning minor Civil Matters — Volume 10 · Source page ١٤٩
  18. Principle 668Capacity to litigate. A necessary condition for the validity of proceedings. It is established only for a natural person or a legal person. A sole proprietorship is not a legal person. Its owner is the person with standiCivil Matters — Volume 10 · Source page ١٤٩
  19. Principle 669A litigant's capacity to litigate. Its criterion. The existence of his legal personality, whether a natural or juridical person. The implication of this. It is not a condition for the admissibility of the action but rathCivil Matters — Volume 10 · Source page ١٤٩
  20. Principle 670Valid constitution of litigation. Its condition. That it be brought through proper procedures and that the litigant have capacity to litigate. This must exist at all stages of the action. The reason therefor. Nullity of Civil Matters — Volume 10 · Source page ١٤٩
  21. Principle 671The requirement of the minor's legal representative's consent to obtaining a passport for him. Its subjection, like all other rights, to the general rule contained in Article 30 of the Civil Code. Its import. It may not Civil Matters — Volume 10 · Source page ١٥٠
  22. Principle 672An injury resulting in death. The injured person's capacity, even a moment before death, to acquire rights, including the right to compensation for the harm sustained; whenever this right is established for him before deCivil Matters — Volume 10 · Source page ١٥٠
  23. Principle 674The constitution of proceedings. The condition for its validity. They must be brought by or directed against a party possessing capacity to litigate, whether upon commencement of the proceedings or appeal against the judCivil Matters — Volume 10 · Source page ١٥٠
  24. Principle 675An insane person and a person of unsound mind are interdicted by virtue of their condition. The reason. Article 85/1 of the Civil Code. - Curatorship. Vests over the property of an interdicted person in the Public AuthorCivil Matters — Volume 10 · Source page ١٥١
  25. Principle 676The surety’s obligation follows the principal debtor’s obligation in its validity and nullity. The condition for the validity of the suretyship and the creation of an obligation on the surety to guarantee the secured oblCivil Matters — Volume 10 · Source page ١٥١
  26. Principle 677For an agency to be valid, the principal must have capacity to perform the disposition for which he has appointed another as agent. Article 699, Civil Code.Civil Matters — Volume 10 · Source page ١٥١
  27. Principle 678The general rule is that agency terminates upon the death of the principal or the agent, or upon either of them losing capacity. Article 716 of the Civil Code. - 151 - RightCivil Matters — Volume 10 · Source page ١٥١
  28. Principle 679The husband's capacity. The provisions of Law No. 51/1984 concerning Personal Status apply thereto, rather than the Civil Code. Reason therefor. It is a special law containing rules governing capacity to marry. - FormatiCivil Matters — Volume 10 · Source page ١٥٢
  29. Principle 680An individual's name is one of his personal rights. A request to change it is not an exclusive right that must be granted to him. The reason therefor: the effect on rights and obligations that must be observed. - CompellCivil Matters — Volume 10 · Source page ١٥٢
  30. Principle 681The Kuwait Stock Exchange. It enjoys independent legal personality and has capacity to dispose of its assets.Civil Matters — Volume 10 · Source page ١٥٢
  31. Principle 682An expression of intent. Its existence upon its mere issuance by its author. When it takes effect: upon coming to the knowledge of its addressee. - The principal's illness, even if severe. It is not legally a ground for Civil Matters — Volume 10 · Source page ١٥٢
  32. Principle 683Women's custody of a boy. It ends upon puberty, which occurs either through the appearance of the known natural signs or the male's completion of 15 years without their appearance. The minor attaining puberty while of soCivil Matters — Volume 10 · Source page ١٥٢
  33. Principle 684Establishment of abuse by the legal representative of a person with diminished capacity in exercising his right to authorize that person to obtain a separate passport. Any interested person may resort to the courts to obCivil Matters — Volume 10 · Source page ١٥٣
  34. Principle 685A foreign judgment rendered in matters of capacity and status. Has the force of res judicata before the courts of Kuwait without requiring an enforcement formula. The reason therefor: it is a legal fact that must be recoCivil Matters — Volume 10 · Source page ١٥٣
  35. Principle 687Valid constitution of proceedings. Its condition: that they be brought by or directed against a party possessing capacity to be a party and to litigate, whether at their commencement or upon appeal against the judgment rCivil Matters — Volume 10 · Source page ١٥٣
  36. Principle 688Constitution of litigation. The condition for its validity. That it be initiated by or directed against a party possessing capacity to be a party and to litigate, whether upon its commencement or upon appeal of the judgmCivil Matters — Volume 10 · Source page ١٥٣
  37. Principle 689An establishment lacking legal personality has no capacity to receive rights and bear obligations, nor does it have capacity to be a party to litigation. The reason therefor. Example.Civil Matters — Volume 10 · Source page ١٥٤
  38. Principle 691The Personal Status Law, to the exclusion of any other, must be applied in matters of marriage as a special law. An offer from the wife's guardian and acceptance by the husband, or by persons acting in their stead, suffiCivil Matters — Volume 10 · Source page ١٥٤
  39. Principle 692Personal status matters are a distinct collection of a person's natural or familial attributes to which the law attaches an effect in his social life as a human being, male or female, and which the legislature has surrouCivil Matters — Volume 10 · Source page ١٥٤
  40. Principle 693A judgment declaring bankruptcy. Its effect. Divesting the bankrupt of the power to administer and dispose of his assets from the date of the judgment. His remaining the owner of his assets and retaining his capacity. ItCivil Matters — Volume 10 · Source page ١٥٤
  41. Principle 694Capacity to litigate is a matter pertaining to public policy. Whoever asserts its absence must furnish proof thereof. Example.Civil Matters — Volume 10 · Source page ١٥٥
  42. Principle 695The prescribed period for barring the hearing of an action. It does not run against a person lacking capacity. Its condition: that he have no representative legally representing him. Its implication. No suspension of limCivil Matters — Volume 10 · Source page ١٥٥
  43. Principle 696Establishment that the appellant—the father—is the natural guardian of his daughter's person and property because she has not reached the age of legal capacity. Its implication. He alone has the right to collect the assiCivil Matters — Volume 10 · Source page ١٥٥
  44. Principle 697Foreign companies. They may not establish a branch in the State of Kuwait. They conduct their commercial activities there through a Kuwaiti natural or legal person. Article 24, Commercial Law. - The Kuwaiti agent is consCivil Matters — Volume 10 · Source page ١٥٥
  45. Principle 698A judgment acquiring the force of res judicata and establishment that the party against whom it was rendered was not properly represented in the proceedings. Its effect. That force does not shield it from challenge by a Civil Matters — Volume 10 · Source page ١٥٥
  46. Principle 699The legislature prohibits a guardian from undertaking certain dispositions without the court's permission, including dispositions of a minor's property. Its condition. That the disposition transfer ownership or create a Civil Matters — Volume 10 · Source page
  47. Principle 700The bar to hearing an action by lapse of time under the Majalla of Judicial Provisions. Its application to actions concerning ownership, real property and inheritance just as it applies to debt actions. Sharia-recognizedCivil Matters — Volume 10 · Source page
  48. Principle 701Service of the challenge at the elected domicile(*). Its prerequisite. The litigant must have adopted it as his domicile in the document serving the judgment or in the other case papers. The rationale therefor. - The repCivil Matters — Volume 10 · Source page
  49. Principle 702A litigant’s cancellation of his elected domicile. He must expressly notify his opponent thereof; otherwise, service upon him there is valid. Merely adopting a new elected domicile. Insufficient evidence of cancellation Civil Matters — Volume 10 · Source page
  50. Principle 703The respondent's failure to state his original domicile. Its effect. Service upon him at his last elected domicile. The rationale therefor. - The appeal may be deemed as though it had not been filed if the respondent is Civil Matters — Volume 10 · Source page
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