المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. سريانه من حيث الزمان

    Principle 109The principle of non-retroactivity of laws. Its implication. The exception. The provisions of the new law pertain to public policy. Example concerning the non-application of the Personal Status Law, insofar as it introduCivil Matters — Volume 10 · Source page ٢٦
  2. Principle 110The principle is that a new law does not apply to the past. The exception: the effects of dispositions concluded under the authority of the old law. They remain subject to it unless the provisions of the new law concern Civil Matters — Volume 10 · Source page ٢٧
  3. Principle 111Determining whether or not a legal rule concerns public policy. A question of law subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. They Civil Matters — Volume 10 · Source page ٢٧
  4. Principle 112The new law applies to everything occurring from the date it enters into force unless otherwise provided. The effects of legal transactions remain subject to the law under which they were concluded, unless the provisionsCivil Matters — Volume 10 · Source page ٢٧
  5. Principle 113Grounds based on public policy. The Court of Cassation may raise them of its own motion even if they were not included in the appeal petition. An example concerning the non-application of the provisions of the new CommerCivil Matters — Volume 10 · Source page ٢٧
  6. Principle 114The effects of legal acts are subject to the law under which they were concluded. The condition therefor. - Interest may not be collected on a civil debt arising before Law No. 67/1980 entered into force. Contravention tCivil Matters — Volume 10 · Source page ٢٧
  7. Principle 115Demanding tax from the taxpayer. When it arises and becomes payable. - 27 - Law - Commencement of the prescription period for income tax under the former Commercial Code without its completion by the entry into force of Civil Matters — Volume 10 · Source page ٢٧
  8. Principle 116The new law applies immediately upon coming into force to legal positions formed after its entry into force, and with direct effect to future effects arising from previous legal positions. The exception. The effects of dCivil Matters — Volume 10 · Source page ٢٨
  9. Principle 117The general rule is that procedural legal rules apply with immediate effect to actions brought under them, even if those actions arose from earlier events. - The first-instance judgment determining a petition for reconsiCivil Matters — Volume 10 · Source page ٢٨
  10. Principle 118Compensation of Kuwaiti workers employed by employers for work injuries and occupational diseases pursuant to the provisions of the Labour Law in the Private Sector, even if they have been insured, so long as no decree hCivil Matters — Volume 10 · Source page ٢٨
  11. Principle 119The principle is that the law applies with immediate effect. - Contractual legal positions are subject to the old law under which the contract was concluded. The condition for this: that the new law has not subjected thoCivil Matters — Volume 10 · Source page ٢٨
  12. Principle 120The State’s purchase of debts pursuant to Law 41 of 1993. Its effect. Their transfer to it under an assignment of rights effective from the date the law enters into force, with their characteristics, accessories and actiCivil Matters — Volume 10 · Source page ٢٩
  13. Principle 121The provisions of a non-penal law apply to the past if it contains a special provision approved by a majority of the members of the National Assembly. The majority requirement. Its application arises only while parliamenCivil Matters — Volume 10 · Source page ٢٩
  14. Principle 122The law does not apply to the past. Its application from the date it takes effect. The scope thereof.Civil Matters — Volume 10 · Source page ٢٩
  15. Principle 123The new law does not apply to the past. Example concerning the amendment to the schedule of disability percentages in cases of work injuries and occupational diseases.Civil Matters — Volume 10 · Source page ٢٩
  16. Principle 124Provisions of laws. Their application to events occurring from the date they enter into force. The effect of a new law may not extend to procedures undertaken or situations established before its entry into force. - A prCivil Matters — Volume 10 · Source page ٢٩
  17. Principle 125Provisions of laws and equivalent ministerial decisions. The general rule is that they apply only to what occurs from the date they enter into force and have no effect on what occurred before them. - Occurrence of an occCivil Matters — Volume 10 · Source page ٣٠
  18. Principle 126A gift preceding the issuance of Amiri Decree 19/1959 promulgating the Judicial Organization Law (the former law). Its subjection to the rules prescribed in the Majalla of Judicial Rules, as the law under which the dispoCivil Matters — Volume 10 · Source page ٣٠
  19. Principle 127The criterion for subjection to legislation enacted concerning transactions relating to company shares conducted on a deferred basis is merely the issuance of cheques, bonds or other means of payment bearing a later dateCivil Matters — Volume 10 · Source page ٣٠
  20. Principle 128Laws relating to prescription. Their application from the time they enter into force. Its implication. The old law governs the portion of the prescriptive period that ran under it, and the new law governs the portion thaCivil Matters — Volume 10 · Source page ٣٠
  21. Principle 129Application of the provisions of the new law to legal positions predating it. Its condition.Civil Matters — Volume 10 · Source page ٣٠
  22. Principle 130Aerial photographs taken by the State. Evidence binding upon all as to what they indicate. The courts are bound by what they reveal concerning the existence or absence of manifestations of possession in disputes between Civil Matters — Volume 10 · Source page ٣٠
  23. Principle 131Provisions of laws. Their application to legal positions arising from their effective date, whether in their creation or in - 30 - Law their production of effects or their termination. Transactions concluded before that Civil Matters — Volume 10 · Source page ٣٠
  24. Principle 132The new law. Its application, from the date it takes effect, to legal positions formed after its entry into force, whether in their creation, their production of effects or their extinction. Unless the law provides otherCivil Matters — Volume 10 · Source page ٣١
  25. Principle 133Actions brought pursuant to the provisions of Laws 18/1969 and 8/1980. Their admissibility. Its condition. They must be brought within one year from the date Law 33 of 2000 came into operation. The reason thereof. ProvisCivil Matters — Volume 10 · Source page ٣١
  26. Principle 134The new law. Its application to legal positions arising after its exhaustion. The exception. Effects of transactions concluded under the authority of the old law. They remain subject thereto unless the provisions of the Civil Matters — Volume 10 · Source page ٣١
  27. Principle 135The general rule is that the new law applies to legal positions formed after its entry into force and to future effects arising from earlier legal positions. The exception: the effects of dispositions concluded under theCivil Matters — Volume 10 · Source page ٣١
  28. Principle 136The time limit stipulated in Article One of Law 33 of 2000 concerning Claims of Ownership of State-Owned Land. Its meaning. - 31 - Law - Retroactivity of laws—in non-criminal matters—may only be by law. - Every proceduraCivil Matters — Volume 10 · Source page ٣١
  29. Principle 137The new law. Its non-application to the past. Its application, from its effective date, to legal positions arising after its entry into force. Reason therefor. Example. - Establishment of filiation arising from a birth tCivil Matters — Volume 10 · Source page ٣٢
  30. Principle 138Procedural laws. Their application to actions not yet adjudicated or procedures not yet completed before their effective date. Exception: provisions amending time limits. Its condition: commencement of the time limit befCivil Matters — Volume 10 · Source page ٣٢
  31. Principle 139The new law. The general rule is that it does not apply to the past, but rather, from its effective date, to legal positions formed after its entry into force and to future effects arising from prior legal positions. TheCivil Matters — Volume 10 · Source page ٣٣
  32. Principle 140The new law. Its application immediately upon taking effect to positions formed after its entry into force, whether as to their creation, production of effects, or termination. Its application to future effects arising fCivil Matters — Volume 10 · Source page ٣٣
  33. Principle 141The new law. The general rule is that it does not apply to the past but to legal positions arising after its entry into force. The exception. - The World Trade Organization Agreement and the Intellectual Property AgreemeCivil Matters — Volume 10 · Source page ٣٣
  34. Principle 142Laws relating to prescription. Their application, from the time they enter into force, to every prescriptive period not yet completed. The old law governs the portion of the prescriptive period that ran under it in termsCivil Matters — Volume 10 · Source page ٣٤
  35. Principle 143State ownership of every immovable property having no owner. Article 878, Civil Code. Its application to land that no individual had previously owned before the date this law entered into force by any means of acquiring Civil Matters — Volume 10 · Source page ٣٤
  36. Principle 144The new law. Its application immediately upon taking effect to legal positions formed after its entry into force, whether in their creation, production of effects or extinction. Their being based on earlier events or relCivil Matters — Volume 10 · Source page ٣٤
  37. Principle 145Provisions of laws. Apply to what occurs from the date they enter into force. The effect of the new law may not extend to procedures carried out or situations realized before it entered into force. The reason therefor. -Civil Matters — Volume 10 · Source page ٣٤
  38. Principle 146Obtaining a payment order to recover a debt established in writing. Mandatory. Law 44/1989 amending certain provisions of - 34 - Law the Civil and Commercial Procedure Law. This concerns litigation procedures and appliesCivil Matters — Volume 10 · Source page ٣٤
  39. Principle 147The new law applies immediately upon coming into force to legal positions formed after its entry into force, and with direct effect to future effects arising from previous legal positions. The exception. The effects of dCivil Matters — Volume 10 · Source page ٣٥
  40. Principle 148Laws concerning limitation. Their application, from their entry into force, to every limitation period not yet completed. - The three-month period provided for in the third paragraph of Article 33 of the former Printing Civil Matters — Volume 10 · Source page ٣٥
  41. Principle 149Legislation regulating tax assessment procedures. Its relation to public policy. Its effect. It is impermissible to contravene it. - Provisions of laws and ministerial decisions having equivalent status. The general ruleCivil Matters — Volume 10 · Source page ٣٥
  42. Principle 150Inadmissibility of any action brought concerning land or real property owned by the State as public or private property, inside or outside the general planning boundary, or compensation therefor, unless it is brought andCivil Matters — Volume 10 · Source page ٣٥
  43. Principle 151Inadmissibility of any claim to real property or land previously planned, exploited or expropriated for public benefit by the State where the persons concerned have not submitted to the competent authorities the instrumeCivil Matters — Volume 10 · Source page ٣٦
  44. Principle 152The new law. Its application, from the date it comes into operation, to legal positions formed after its entry into force, whether in their creation, production of effects or extinction. The reliance of these positions oCivil Matters — Volume 10 · Source page ٣٦
  45. Principle 153Provisions of the new law. Their application to legal positions occurring from their effective date, whether in their creation, production of effects, or termination. Consequence thereof. Transactions concluded before thCivil Matters — Volume 10 · Source page ٣٦
  46. Principle 154The provisions of the law. The principle is their application to what occurs from the date of its entry into force, without any effect on legal positions completed before it, unless otherwise stipulated. The new law's reCivil Matters — Volume 10 · Source page ٣٦
  47. Principle 155The Board of Directors of the Central Bank. Its competence to lay down rules regulating banking operations that banks may undertake, including granting loans to their customers, both as regards the maximum limit and the Civil Matters — Volume 10 · Source page ٣٦
  48. Principle 156Provisions of laws and equivalent ministerial decisions. They apply only to events occurring from their effective date. Its implication. A new ministerial decision. It may not be applied to legal relationships arising beCivil Matters — Volume 10 · Source page ٣٧
  49. Principle 157Provisions of laws and instruments having equivalent force, and ministerial decisions. Their application from their effective date. Their effects are not retroactive to what occurred beforehand. Its implication. A new miCivil Matters — Volume 10 · Source page ٣٧
  50. Principle 158The new law. Its application from its effective date to legal positions formed after its entry into force, whether as to their creation, production of effects, or termination, and also to future effects arising from legaCivil Matters — Volume 10 · Source page ٣٨
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