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. تسجيل الحقوق العينية العقارية الأصلية

    Principle 2077Instruments admissible to prove the origin of ownership pursuant to Article 14 of the Real Estate Registration Law. Their nature. - An application submitted by the interested party to the authority entrusted with registrCivil Matters — Volume 10 · Source page ٣٨٧
  2. Principle 2078The addressee of Article 14 of Real Estate Registration Law No. 15 of 1959 is the authority entrusted with registration. No prejudice to the right of the courts to accept any evidence they find convincing when hearing anCivil Matters — Volume 10 · Source page ٣٨٧
  3. Principle 2079Registration does not validate a void contract or complete an incomplete contract. - 387 - ObligationCivil Matters — Volume 10 · Source page ٣٨٧
  4. Principle 2080The addressee of Articles 13, 14 of Registration Law No. 5/1959 is the body entrusted with registration procedures. The effect thereof.Civil Matters — Volume 10 · Source page ٣٨٨
  5. Principle 2081The addressee of Articles 13, 14 of Registration Law No. 5/1959 is the authority entrusted with registration procedures; it alone is bound, when registering instruments, by what is contained therein and the evidence recoCivil Matters — Volume 10 · Source page ٣٨٨
  6. Principle 2082The Real Estate Registration Department is the sole entity addressed in respect of adherence, when establishing ownership upon registration, to the records of possession issued by the notary public.Civil Matters — Volume 10 · Source page ٣٨٨
  7. Principle 2083The provisions of Articles 13, 14 of Law 5/1959 are addressed to the authority entrusted with registration procedures. This does not affect the courts’ right, when hearing actions to establish ownership, to accept any evCivil Matters — Volume 10 · Source page ٣٨٨
  8. Principle 2084The Real Estate Registration Department is the body addressed with respect to adherence, in proving ownership upon registration, to records of possession issued by the notary public. Its import. No prejudice to the courtCivil Matters — Volume 10 · Source page ٣٨٨
  9. Principle 2085All land within the planning boundaries of the Fifth Ring Road and the village of Jahra. The general rule is that it is private property. The exception. That which is proven to be owned by the State. - Individuals may esCivil Matters — Volume 10 · Source page ٣٨٨
  10. Principle 2086The provisions in Laws 5/1959. 5/1975 are addressed to the authority entrusted by the legislature with registration procedures under the first law and to the administrative committees and in respect of the second law. CoCivil Matters — Volume 10 · Source page ٣٨٨
  11. Principle 2087A challenge on grounds of absolute simulation which the court is required to examine. Must be explicit in its meaning. Merely challenging on grounds of collusion or fraud. Does not signify this. - A registered contract tCivil Matters — Volume 10 · Source page ٣٨٩
  12. Principle 2088Land situated within the planning boundaries south of the Fifth Ring Road, Jahra village and Failaka Island is, in principle, privately owned, except for what is proven to be State-owned. Claiming ownership thereof and pCivil Matters — Volume 10 · Source page ٣٨٩
  13. Principle 2089Annotating the margins of registered instruments with developments affecting the dispositions they contain. An administrative act performed by the administrative authority, not the courts.Civil Matters — Volume 10 · Source page ٣٨٩
  14. Principle 2090The obligation of the authority entrusted with registering ownership and the administrative committees adjudicating ownership claims to comply with the provisions of the Real Estate Registration and Ownership Claims LawsCivil Matters — Volume 10 · Source page ٣٨٩
  15. Principle 2091Contracts of sale transferring principal rights in rem, including ownership. Their nature as consensual contracts is not changed by the enactment of the Real Estate Registration Law. Its effect. Deferral of the transfer Civil Matters — Volume 10 · Source page ٣٨٩
  16. Principle 2092Real property ownership. It is not transferred except registration. Failure to register. Its effect in relation to the transferor's creditors. - 389 - ObligationCivil Matters — Volume 10 · Source page ٣٨٩
  17. Principle 2094Ownership in real estate matters is not transferred between the contracting parties or in respect of third parties except by registration. Article 7 of Decree-Law 5/1959. - A debtor’s disposition is not effective againstCivil Matters — Volume 10 · Source page ٣٩٠
  18. Principle 2095Registration of an instrument does not immunize it against challenge. Assessment of whether a contracting party was under a mistake or not. A question of fact. Nullity of the contract. Its cases. An example concerning a Civil Matters — Volume 10 · Source page ٣٩٠
  19. Principle 2096Creation, transfer, alteration, or extinction of an original real right in immovable property, and final judgments establishing the same. They must be registered. Unregistered dispositions. Their effect: personal obligatCivil Matters — Volume 10 · Source page ٣٩٠
  20. Principle 2097The requirement to register real property ownership actions concerning a real right over immovable property. Its importance: preserving the claimant's right upon judgment in the claimant's favour and annotation of that jCivil Matters — Volume 10 · Source page ٣٩٠
  21. Principle 2098Ownership of immovable property. It transfers through registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of Real Estate Registration Law 5/1959. RegistratiCivil Matters — Volume 10 · Source page ٣٩٠
  22. Principle 2099The obligation of the real estate registration authority and the administrative committees formed by the Chairman of the Municipal Council to adjudicate ownership claims to comply with the procedures stipulated in Laws 5Civil Matters — Volume 10 · Source page ٣٩٠
  23. Principle 2100Principal real rights in immovable property. They are not transferred between the contracting parties or in relation to third parties except by registration. Article 7 of Decree-Law 5/1959. Failure to register these righCivil Matters — Volume 10 · Source page ٣٩١
  24. Principle 2102Contracts creating and transferring principal real rights in immovable property, including ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning Real Estate Registration came inCivil Matters — Volume 10 · Source page ٣٩١
  25. Principle 2103Establishment that the appellant's request for a judgment erasing and cancelling registration of the contract insofar as it included the sale of his share in the property was in truth a request that the document be ineffCivil Matters — Volume 10 · Source page ٣٩١
  26. Principle 2105Registration of real estate ownership actions as actions asserting title. Its purpose. Preserving the plaintiff's rights if judgment is subsequently rendered in his favor and that judgment is annotated in the margin of tCivil Matters — Volume 10 · Source page ٣٩٢
  27. Principle 2106Barter is the exchange of property for property, neither of which is money. Each of the parties to the barter is deemed a seller of what he gives in exchange and a purchaser of what he receives in exchange. The expenses Civil Matters — Volume 10 · Source page ٣٩٢
  28. Principle 2107Every real right over immovable property, whether an original real right such as ownership or an accessory real right such as a formal mortgage, is considered immovable property. These real rights over immovable propertyCivil Matters — Volume 10 · Source page ٣٩٢
  29. Principle 2108Real property ownership. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis therefor. Article 7 of the Real Estate Registration Law. Failure to complete regisCivil Matters — Volume 10 · Source page ٣٩٢
  30. Principle 2111Registration of properties before it was entrusted to the Courts Department in 1932 AD. The competence of the late Sheikh Abdullah Al-Adsani in this respect, and after him judges of the Al-Adsani family. Contracts drawn Civil Matters — Volume 10 · Source page ٣٩٣
  31. Principle 2112Real estate registration. A personal system conducted according to names, not properties. It has no complete evidentiary authority in itself and does not validate void contracts, complete incomplete contracts, or make a Civil Matters — Volume 10 · Source page ٣٩٤
  32. Principle 2113The requirement to register all dispositions whose subject matter is a principal right in rem, including a waqf. Article 7 of Decree 5 of 1959. Its purpose. Protecting a private interest of the individual because registrCivil Matters — Volume 10 · Source page ٣٩٤

  33. تسجيل عقد بيع العقار

    Principle 2114Contracts of disposition creating and transferring real rights over immovable property, including ownership. Consensual contracts. Enactment of Law 5/1959 concerning real estate registration. Its effect. Postponement of Civil Matters — Volume 10 · Source page ٣٩٤
  34. Principle 2120The Registration and Authentication Department. Its registration of a sale on the basis of a judgment whose reasons contain a final adjudication having the force of res judicata that the property sold belongs to the regiCivil Matters — Volume 10 · Source page ٣٩٥
  35. Principle 2121The Real Estate Registration Department is the authority addressed concerning restriction, in establishing ownership upon registration, to records of possession issued by the notary public. Its implication. No prejudice Civil Matters — Volume 10 · Source page ٣٩٥
  36. Principle 2122Enactment of Law No. 5 of 1959 concerning Real Estate Registration. Its scope is confined to making the transfer of rights in rem occur through registration, to the exclusion of the other provisions of the contract. EffeCivil Matters — Volume 10 · Source page ٣٩٦
  37. Principle 2123An incidental ownership claim. It is an action brought by a third party during enforcement proceedings seeking entitlement to all or part of a property and, consequently, the invalidation of the enforcement proceedings. Civil Matters — Volume 10 · Source page ٣٩٦
  38. Principle 2124A judgment rendered against the seller in a dispute concerning the sold real property. It is binding upon the purchaser so long as the purchaser had not registered his contract when it was rendered. The reason therefor. Civil Matters — Volume 10 · Source page ٣٩٦
  39. Principle 2126Real property actions concerning property situated abroad. Fall, by way of exception, outside the jurisdiction of the Kuwaiti courts. An action for rescission of an unregistered contract for the sale of real property sitCivil Matters — Volume 10 · Source page ٣٩٦
  40. Principle 2127The seller’s privilege over immovable property for the price due to him. Its import. Pursuing the property into whosoever’s hands it passes and obtaining satisfaction of his right in priority to other unsecured and lowerCivil Matters — Volume 10 · Source page ٣٩٦
  41. Principle 2128Absolute simulation of a sale contract. Its effect. Its invalidity and the failure of ownership to pass to the purchaser, even if the contract is registered. The reason therefor. - The previous judgment evicting the firsCivil Matters — Volume 10 · Source page ٣٩٦
  42. Principle 2129Registration of the contract. Does not preclude challenging it on grounds of simulation and nullity. An example.Civil Matters — Volume 10 · Source page ٣٩٧
  43. Principle 2130Ancillary ownership action. Its nature. Its basis is ownership of the attached property by a registered contract, long possession conferring ownership by prescription, or any means of acquiring ownership. - Ownership of Civil Matters — Volume 10 · Source page
  44. Principle 2131Cases in which ownership does not pass by sale alone. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent this or make it difficult. - Ownership of immovable propeCivil Matters — Volume 10 · Source page
  45. Principle 2132Sale of another's property. A voidable contract. Its ratification by the true owner is a condition for its effectiveness against him. - Registration of a contract for the sale of another's property does not dispense withCivil Matters — Volume 10 · Source page
  46. Principle 2133Challenge on grounds of absolute simulation. It must explicitly mean that the apparent contract has no existence in reality. A challenge on grounds of collusion and fraud. Does not convey this. - Registered contract. ItsCivil Matters — Volume 10 · Source page
  47. Principle 2134Real estate registration. A personal system conducted according to names, not according to properties, and it has no complete probative force - 397 - Obligation in itself. Its implication. It does not validate void contrCivil Matters — Volume 10 · Source page
  48. Principle 2135Circumvention intended to defeat pre-emption that must be turned back against its perpetrator. What is meant thereby. It is that intended to frustrate a right conferred on the pre-emptor by law. - The legislature's reliaCivil Matters — Volume 10 · Source page
  49. Principle 2136Contracts creating and transferring principal real rights in real property, including ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning real estate registration came into efCivil Matters — Volume 10 · Source page
  50. Principle 2137Establishment that the appellant’s request for a judgment erasing and cancelling registration of the contract insofar as it included the sale of his share in the real property is in reality a request that that instrumentCivil Matters — Volume 10 · Source page
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