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. حق الشكوى والتقاضي والتبليغ عن الجرائم

    Principle 920The right to report crimes. One of the rights lawfully available to persons. The mere falsity of the report and occurrence of harm to the person reported against. Insufficient to render the reporting person liable for coCivil Matters — Volume 10 · Source page ١٩٨
  2. Principle 921The party seeking indemnity. May not seek a judgment against the indemnifier for what the claimant in the original action seeks to have adjudged against the party seeking indemnity. His right is confined to seeking a judCivil Matters — Volume 10 · Source page ١٩٨
  3. Principle 922Judicial judgments are, in principle, declaratory, not constitutive. They introduce nothing new and create no positions or situations that did not previously exist they reveal the rule of law. - A judgment of unconstitutCivil Matters — Volume 10 · Source page ١٩٨

  4. الحق في الحجز

    Principle 923The right to complain and report disciplinary violations. Guaranteed to the employee in the interest of the public good. The condition - 198 - Right for this. The reporting person must be certain of the truth of what he Civil Matters — Volume 10 · Source page ١٩٨

  5. حق السكني

    Principle 924The right to precautionary attachment of movable property. To whom it belongs and its purpose. Right of habitation:Civil Matters — Volume 10 · Source page ١٩٩
  6. Principle 926The co-owners may partition the use of the government house allocated to them. Their inability to agree on the partition. The court undertakes the partition at the request of one of the litigants. - The scope of the righCivil Matters — Volume 10 · Source page ١٩٩
  7. Principle 927The Civil Service Council decision issued in the minutes of the meeting dated 14/8/1991 abolishing the government housing system and granting a housing allowance in its stead. Its implication: this allowance has become aCivil Matters — Volume 10 · Source page ١٩٩

  8. حق الموظف وحق الحكومة

    Principle 928Allocation of government housing to individuals. Its meaning. They are to have the right to acquire ownership thereof. Its effect. The allottee has the right to use it but not to dispose of it. The employee's right and tCivil Matters — Volume 10 · Source page ٢٠٠
  9. Principle 929The Government's right to recover what it paid to an employee without entitlement. Its limitation period. 5 years from the date of disbursement, unless the employee committed fraud or deceit. Deceit in this regard. Its nCivil Matters — Volume 10 · Source page ٢٠٠
  10. Principle 930An employee’s enjoyment of the benefits of public office is not a right analogous to private rights. The implication thereof.Civil Matters — Volume 10 · Source page ٢٠٠
  11. Principle 931An employee may not claim an acquired right to work in a particular place or to remain in a specific position held by appointment or secondment. The reason thereof.Civil Matters — Volume 10 · Source page ٢٠٠
  12. Principle 932An employee's right to claim the financial entitlements prescribed for him. It becomes time-barred upon the expiry of one year from the date of his knowledge of those entitlements or five years from the date they became Civil Matters — Volume 10 · Source page ٢٠٠
  13. Principle 933The employee’s knowledge of his financial entitlement, its extent, its essential elements, its due date, and the entity owing it. Its effect. The limitation period for his right to claim it. One year from the date of thaCivil Matters — Volume 10 · Source page ٢٠٠
  14. Principle 934The administration's granting a public employee rights exceeding those conferred by the public service system. Impermissible. If it does so, it may make a correction and apply the rule of law at any time. The rationale fCivil Matters — Volume 10 · Source page ٢٠٠
  15. Principle 936The employee's right to claim his financial entitlements prescribed by the Government. It is time-barred upon the lapse of one year from the date of his knowledge of these entitlements or five years from the due date, whCivil Matters — Volume 10 · Source page ٢٠١
  16. Principle 937A general regulatory decision concerning an employee's financial rights and matters falling within its meaning and operation, issued pursuant to law. Becomes fully effective once it satisfies its formalities and requiremCivil Matters — Volume 10 · Source page ٢٠١
  17. Principle 938The employee's right to claim the financial entitlements prescribed for him. It is time-barred upon the lapse of five years from the due date or one year from the date of his knowledge thereof, whichever period is earlieCivil Matters — Volume 10 · Source page ٢٠٢
  18. Principle 940The right of an employee who puts himself forward as a candidate in Municipal Council elections to special leave for one month. Among the rights established by operation of law. The administration has no discretion in thCivil Matters — Volume 10 · Source page ٢٠٢
  19. Principle 941The right to complain and report disciplinary violations. Guaranteed to the employee in the interest of the public good. The condition for this. That the reporting person be certain of the truth of what he reports in hisCivil Matters — Volume 10 · Source page ٢٠٣
  20. Principle 942Employment allowances and benefits. Their connection with occupying the posts listed in the salary schedule and funded from the general budget and actually performing their duties. - Nature-of-work allowance. EntitlementCivil Matters — Volume 10 · Source page ٢٠٣
  21. Principle 943Determining the meaning of the salary on the basis of which the end-of-service gratuity for volunteers in the police force is calculated. Its criterion. - The provision in Law 23 of 1968 concerning the Police Force SysteCivil Matters — Volume 10 · Source page ٢٠٣

  22. حق المؤلف

    Principle 946The author alone has the right to exploit his work financially. Another person's exercise of this right without permission from him or his successor. An unlawful act giving rise to liability. The meaning of a work.Civil Matters — Volume 10 · Source page ٢٠٥

  23. الحق في الحبس

    Principle 948Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value, type, purpose of authorship or manner of expression. Article 1 of Law 64/1999 concerninCivil Matters — Volume 10 · Source page ٢٠٥
  24. Principle 949The price becomes due immediately upon completion of the sale unless an agreement or custom provides otherwise. - The seller’s right to retain the thing sold until he receives the price due to him. Example.Civil Matters — Volume 10 · Source page ٢٠٥
  25. Principle 950The right of retention. It is a defence of non-performance. - 205 - The Right - The judge's recognition of a litigant's right of retention does not prevent him from awarding what the opposing litigant requests, provided Civil Matters — Volume 10 · Source page ٢٠٥
  26. Principle 951The right of each contracting party, in reciprocal obligations due for performance, to plead non-performance of his obligation and retain what he holds where the other contracting party refuses to perform his obligation.Civil Matters — Volume 10 · Source page ٢٠٦
  27. Principle 952The cause of an obligation in a bilaterally binding contract is the other contracting party's obligation. - The general rules governing reciprocal obligations in bilaterally binding contracts entitle the person obliged tCivil Matters — Volume 10 · Source page ٢٠٦
  28. Principle 953Exercise of the right of retention is subject to the established rule in transactions that the exercise of rights is restricted so as to prevent arbitrariness and abuse. Its effect. A person invoking his right to retain Civil Matters — Volume 10 · Source page ٢٠٦
  29. Principle 954Attachment of the debtor's funds held by the Institution for Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms, and not held by the Kuwait Clearing Company responsible for collecting fees.Civil Matters — Volume 10 · Source page ٢٠٦
  30. Principle 955The defence of non-performance. Its basis. Connection and reciprocity in contracts binding on both parties. Each party's obligation arising from an independent contract precludes invoking it under another contract. The sCivil Matters — Volume 10 · Source page ٢٠٧
  31. Principle 956The defence of non-performance. Its foundation. Connection and reciprocity in contracts binding on both parties. Each party's obligation arising from an independent contract precludes reliance upon it in another contractCivil Matters — Volume 10 · Source page ٢٠٧
  32. Principle 957The creditor's retention of the debtor's property in his possession. Its effect. Interruption of the limitation period and continuation thereof for as long as the property remains in the retainer's possession, however loCivil Matters — Volume 10 · Source page ٢٠٧
  33. Principle 958Reciprocal obligations due for performance. The right of each contracting party to plead non-performance or to withhold what he is obliged to render to the other contracting party. The condition for this: the other contrCivil Matters — Volume 10 · Source page ٢٠٧

  34. حق النشر

    Principle 959The right of retention is one of the means by which the creditor intends to induce the debtor to perform his obligation. Condition: adherence to the requirements of good faith and avoidance of abuse. Reliance on this rigCivil Matters — Volume 10 · Source page ٢٠٧

  35. حق النقد

    Principle 960Freedom of opinion. Every person is guaranteed the right to express his opinion orally, in writing, or otherwise. Its condition. Article 36 of the Constitution. - 207 - The Right - The constitutional principle. Freedom oCivil Matters — Volume 10 · Source page ٢٠٧
  36. Principle 961The constitutional principle is freedom of thought and expression of opinion, including the right to criticize. Restriction is the exception.Civil Matters — Volume 10 · Source page ٢٠٨
  37. Principle 962Fault through publication in newspapers gives rise to tortious liability. When the publisher remains within the bounds of permissible criticism, even if his expressions are harsh and his commentary vehement.Civil Matters — Volume 10 · Source page ٢٠٨
  38. Principle 963Freedom of thought and expression of opinion, including the right to criticize. Among constitutional principles. The exception. A restriction that may not erase, encroach upon, or suspend the principle; rather, its effecCivil Matters — Volume 10 · Source page ٢٠٨
  39. Principle 964Freedom of thought and expression of opinion, including the right to criticize. Among constitutional principles. Restriction is the exception. The exception may not erase, encroach upon, or suspend the principle. - PermiCivil Matters — Volume 10 · Source page ٢٠٨
  40. Principle 965Freedom of thought and expression of opinion, including the right to criticize. Among constitutional principles. The exception. A restriction that may not erase, encroach upon or disable the principle; rather, its effectCivil Matters — Volume 10 · Source page ٢٠٩
  41. Principle 966Freedom of thought and expression of opinion, including the right to criticize. A constitutional principle. The exception is a restriction. It may not erase, encroach upon, or disable the principle. Its effect is confineCivil Matters — Volume 10 · Source page ٢٠٩

  42. الحقوق المتعلقة بالتأمينات الإجتماعية

    Principle 967The right to express an opinion verbally. Guaranteed by the Constitution in accordance with the conditions and arrangements specified by law. - Permissibility of defamatory allegations against a public employee. The condCivil Matters — Volume 10 · Source page ٢٠٩
  43. Principle 968The more favourable benefit is a right of insured persons, or their beneficiaries, who entered employment before the provisions of the Social Insurance Law took effect. The exclusive competence of the Public Institution Civil Matters — Volume 10 · Source page ٢١٠
  44. Principle 969The Social Security Institution is charged with satisfying the insurance entitlements of the Kuwaiti worker. Its joinder at all stages of the dispute. It is regarded as a substantive party. The necessary consequence therCivil Matters — Volume 10 · Source page
  45. Principle 970Rights established pursuant to the provisions of the Social Insurance Law may not be sued for until a written demand for them has been made to the Institution within 5 years from the date they are deemed payable. The actCivil Matters — Volume 10 · Source page
  46. Principle 971Insurance entitlements prescribed by the provisions of Law 61 of 1976. An action concerning them may not be brought until they have been claimed in writing from the Public Institution for Social Security within five yearCivil Matters — Volume 10 · Source page
  47. Principle 972The claimant must prove the fact he alleges. The claimant means the person asserting a matter contrary to the apparent position. - The presumption regarding personal rights is freedom from liability. Its implication. - 2Civil Matters — Volume 10 · Source page
  48. Principle 973An individual’s name. Changing it is not a right belonging exclusively to him. Reason therefor. Strong justifying reasons must exist. Determining them. Within the authority of the trial court.Civil Matters — Volume 10 · Source page
  49. Principle 974An individual's name is one of his personal rights. A request to change it is not an absolute right that must be granted. The reason for this. It affects rights and obligations that must be taken into account. - Strong rCivil Matters — Volume 10 · Source page
  50. Principle 975Filiation to a deceased person. Its condition. That it form part of an action concerning a right or property against a proper adversary under Sharia. The reason therefor. Judgment against a deceased person, like judgmentCivil Matters — Volume 10 · Source page
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