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 159The principle of autonomy of the will governs the relationship between banks and their customers. Its implication: contracts concluded between them may stipulate the interest rate payable on loans granted to them. Its coCivil Matters — Volume 10 · Source page ٣٨

  2. سريانه من حيث المكان

    Principle 160Laws relating to prescription. Their application, from the time they enter into force, to every prescriptive period not yet completed, pursuant to the immediate effect of legislation. The portion of the prescriptive periCivil Matters — Volume 10 · Source page ٣٨
  3. Principle 161Proof that the husband and wife are Sudanese nationals and that the school of law applied in the Republic of Sudan is that of Imam Malik. Its effect. The divorce pronounced by the husband is subject to this school. The bCivil Matters — Volume 10 · Source page ٣٩
  4. Principle 162A contract involving a foreign element. The rule is that, as regards the substantive conditions for its formation and the effects arising from it, it is subject to the law expressly or implicitly chosen by the contractinCivil Matters — Volume 10 · Source page ٣٩
  5. Principle 164Reliance on foreign legislation before the cassation judiciary. Evidence thereof must be adduced before the court of merits.Civil Matters — Volume 10 · Source page ٣٩
  6. Principle 165Establishment that the wife is Lebanese by nationality and Druze by denomination, and that the husband is Kuwaiti by nationality and Ja'fari by denomination. Divorce between them is subject to the school of Imam Malik. BCivil Matters — Volume 10 · Source page ٣٩
  7. Principle 166A contract containing a foreign element. Its subjection to the law of the State in which the contracting parties' common domicile is situated if they share a domicile. Application of the law of the State in which the conCivil Matters — Volume 10 · Source page ٣٩
  8. Principle 167Establishment of the jurisdiction of Kuwait’s courts over legal relationships involving a foreign element. The law applicable to the procedures to be followed before them. It is the Kuwaiti Civil and Commercial ProcedureCivil Matters — Volume 10 · Source page ٣٩
  9. Principle 169The law applicable to obligations arising from an unlawful act. The law of the country in which the act giving rise to the obligation occurred. Article 66 of Law 5/1961. - Characterization of legal relationships to deterCivil Matters — Volume 10 · Source page ٤٠
  10. Principle 170The law applicable to divorce if both parties to the action are Egyptian. Egyptian Personal Status Law.Civil Matters — Volume 10 · Source page ٤٠
  11. Principle 171Sharing Kuwaiti nationality and differing in school of jurisprudence. Its implication. Application of the school of Imam Malik.Civil Matters — Volume 10 · Source page ٤٠
  12. Principle 172The provisions of Obligatory Bequest Law No. 5 of 1971 are general and disclose that its provisions apply to all Kuwaitis without exception or distinction between adherents of any school of doctrine. The reason for this.Civil Matters — Volume 10 · Source page ٤٠
  13. Principle 173Spousal maintenance under the Personal Status Law of the Greek Orthodox Patriarchate of Antioch and All the East. Its forfeiture. Establishment of the wife’s marital disobedience by a judgment.Civil Matters — Volume 10 · Source page ٤٠
  14. Principle 174The Civil Service Law is the general law regulating civil service provisions in the State. Its application extends to administrative bodies whose service affairs are regulated by special laws in matters for which no specCivil Matters — Volume 10 · Source page ٤٠
  15. Principle 175Exemption of owners of small establishments from the application of the provisions of the Labour Law. What is meant by these establishments. - Assessment of whether an establishment is among those exempted from the appliCivil Matters — Volume 10 · Source page ٤٠
  16. Principle 176Defining the scope of the action, in subject matter and cause, as a claim for labour rights pursuant to the Labour Law. There is no scope for applying the provisions of the Civil Code to it.Civil Matters — Volume 10 · Source page ٤١
  17. Principle 177Real Estate Lease Law No. 35/1978. Its scope of application. Cases in which a lease falls outside that scope. A lease of a commercial establishment is not subject to this Law. The reason for this.Civil Matters — Volume 10 · Source page ٤١
  18. Principle 178The Companies Law and the Commercial Code. Their lack of a provision concerning one partner acting on behalf of another in a limited liability company to represent him at its general assembly meeting to increase capital Civil Matters — Volume 10 · Source page ٤١
  19. Principle 179Contractual obligations involving a foreign element. Their subjection to the law chosen by the contracting parties.Civil Matters — Volume 10 · Source page ٤١
  20. Principle 180A letter of guarantee may be assigned by the beneficiary to a third party where the bank consents thereto. This is subject to the rules of commercial law alone.Civil Matters — Volume 10 · Source page ٤١
  21. Principle 181The provisions of the Commercial Code apply to all commercial acts undertaken by any person, even if not a merchant, and to contracts concluded by one of their parties in his capacity as a merchant. An example.Civil Matters — Volume 10 · Source page ٤١
  22. Principle 182The legal regime of foreign companies is governed by the law of the state of their actual principal place of management. - Foreign law is a material fact. The criterion for proving it.Civil Matters — Volume 10 · Source page ٤١

  23. سريان القرار الوزاري المنفذ للقانون من ناحية الزمان

    Principle 183Rules of procedure. Their subjection to the law of the country in which the action is brought or the proceedings are conducted. The reason therefor. This applies to all disputes, whether domestic or containing a foreign Civil Matters — Volume 10 · Source page ٤١

  24. عدم رجعية القوانين

    Principle 184The legislature’s regulation of commercial agencies relating to ship agents does not affect the rules of commercial agencies, the manner and grounds of their formation, and the means of proving it. - Issuance of the MiniCivil Matters — Volume 10 · Source page ٤٢
  25. Principle 185Establishing the retroactivity of a law is contingent upon a special provision, even if it affects rights derived from an administrative decision. - Non-retroactivity of an administrative decision, even if it is vitiatedCivil Matters — Volume 10 · Source page ٤٢
  26. Principle 186Acquired rights. They may be prejudiced only by a law providing for retroactive effect. This is not altered by these rights being derived from regulatory administrative decisions. Or individual ones. - Administrative decCivil Matters — Volume 10 · Source page ٤٢
  27. Principle 187Application of the law. The rule is its application with immediate effect. The exception. Its provisions extending to events and legal positions that arose and were completed before its entry into force. Ascertaining theCivil Matters — Volume 10 · Source page ٤٢
  28. Principle 188Application of laws. The rule is their application from the date of their entry into force. The exception. A law may provide for - 42 - Law its application to what occurred before its entry into force in matters other thCivil Matters — Volume 10 · Source page ٤٢
  29. Principle 189Kuwaiti nationality is withdrawn by decree. Cases of its withdrawal. - A nationality certificate is withdrawn by a decision of the Council of Ministers. Cases thereof. - Withdrawal of nationality, whether by decree or byCivil Matters — Volume 10 · Source page ٤٣
  30. Principle 190The provisions of the law do not apply retroactively to facts predating them unless the law so provides.Civil Matters — Volume 10 · Source page ٤٣
  31. Principle 191A foreigner's engagement in trade in Kuwait. It was prohibited in all its forms. The enactment of Law 45/1989 amending the Commercial Code, which excepted certain forms from the prohibition, with retroactive effect to thCivil Matters — Volume 10 · Source page ٤٣
  32. Principle 192Provisions of laws. Their application to what occurs from their effective date. The effect of a new law may not extend to procedures undertaken or situations established before it entered into force. The reason therefor.Civil Matters — Volume 10 · Source page ٤٣
  33. Principle 193The provisions of laws and equivalent regulatory decisions apply only to facts and legal positions occurring during the period from the date they come into force until their repeal. They do not apply retroactively to earCivil Matters — Volume 10 · Source page ٤٣
  34. Principle 194Substantive provisions. Do not apply to facts and legal positions predating the entry into force of the law prescribing them. They are governed by the law in force when they occurred, whether as regards their inception, Civil Matters — Volume 10 · Source page ٤٤

  35. سريانه في شأن المخاطبين بأحكامه

    Principle 195Provisions of the law. The general rule is their application to what occurs from the date of its entry into force, without any effect upon legal positions completed before it, unless otherwise provided. The new law’s conCivil Matters — Volume 10 · Source page ٤٤
  36. Principle 196Matters for which no provision is made in the Labour Law in the Oil Business Sector are subject to the provisions of the Labour Law in the - 44 - The Law Private Sector. The first law contains no provisions regulating coCivil Matters — Volume 10 · Source page ٤٤
  37. Principle 197Law 41/1993. The legislature intended it to address the debts of Kuwaitis comprehensively and finally. The facilities it includes.Civil Matters — Volume 10 · Source page ٤٥
  38. Principle 198Non-Kuwaitis shall occupy posts on a temporary and contractual basis. The Civil Service Law applies to them in matters for which no special provision appears in the contracts concluded with them.Civil Matters — Volume 10 · Source page ٤٥
  39. Principle 199Matters for which no provision appears in the Labour Law for the Oil Operations Sector. The provisions of the Labour Law for the Private Sector apply to them. An example concerning the absence in the Labour Law for the OCivil Matters — Volume 10 · Source page ٤٥
  40. Principle 200Law 41 of 1993 concerning the State’s Purchase of Certain Debts and the Manner of Their Collection, as amended. The legislature’s intention therein.Civil Matters — Volume 10 · Source page ٤٥
  41. Principle 201Personal Status Law 51 of 1984. Its application ratione personae to those subject to the Maliki school, to the exclusion of others. - Matters connected with religious belief. Rulings thereon are based on the outward verbCivil Matters — Volume 10 · Source page ٤٥
  42. Principle 202Matters relating to religious belief. Rulings thereon are based on acknowledgment by outward verbal declaration so long as the apparent circumstances do not belie it. - Personal Status Law 51 of 1984. Its application. ToCivil Matters — Volume 10 · Source page ٤٥
  43. Principle 203The existence of land never previously owned by any individual, or whose owners died without heirs. Its effect. Its ownership devolves upon the State. Article 878 of the Civil Code. - Land situated within the general plaCivil Matters — Volume 10 · Source page ٤٦
  44. Principle 204Establishment of a matter at the present time based on its establishment at an earlier time. Its implication. The accompaniment and continuation of this matter throughout the subsequent period. Its condition. Nothing chaCivil Matters — Volume 10 · Source page ٤٦
  45. Principle 205The existence of a special law. Effect thereof. No recourse to the provisions of the general law except regarding matters not regulated by the special law. Reason therefor. The special legal rule does not repeal the geneCivil Matters — Volume 10 · Source page ٤٦
  46. Principle 206Mandatory Bequest Law 5 of 1971. Its import. Its provisions apply to all Kuwaitis without distinction between schools of jurisprudence.Civil Matters — Volume 10 · Source page ٤٧
  47. Principle 207Provisions of the Civil Service Law. They do not apply to military personnel of the army, police and National Guard. - Appointment of non-Kuwaitis to army posts. It may only be on a temporary and contractual basis. The pCivil Matters — Volume 10 · Source page ٤٧
  48. Principle 208A lawyer is an agent whose relationship with his client is governed by the provisions of the general law concerning the relationship between principal and agent. The consequence thereof.Civil Matters — Volume 10 · Source page ٤٧
  49. Principle 210The Real Estate Registration Law promulgated by Decree 5 of 1959. After its issuance, ownership does not pass between the persons concerned or with respect to others except by registration. The legislature’s granting theCivil Matters — Volume 10 · Source page ٤٧
  50. Principle 211Joining the army is through military service, volunteering, or appointment under the conditions and arrangements specified by laws, decrees, and implementing decisions. - A volunteer is every Kuwaiti who has adopted soldCivil Matters — Volume 10 · Source page ٤٨
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