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. نشر القانون

    Principle 212Legal provisions. The rules governing their interpretation. - Council of Ministers Decision No. 495 of 2008 granting an exceptional pension to military personnel in the three sectors - the Army, Police and National GuardCivil Matters — Volume 10 · Source page ٤٨
  2. Principle 213Publication of Personal Status Law No. 51/84 in the Official Gazette on 23/7/1984. Its effect. Everyone is presumed to have knowledge of it, and no plea of ignorance of its provisions shall be accepted from anyone from tCivil Matters — Volume 10 · Source page ٤٨
  3. Principle 214Publication in the Official Gazette and the lapse of two months thereafter. A condition for the law's entry into force, its constructive publicity, the establishment of a conclusive legal presumption that its promulgatioCivil Matters — Volume 10 · Source page ٤٨
  4. Principle 215Laws are published in the Official Gazette within two weeks of the day of their issuance and enter into force one month after the date of their publication. This period may be extended or shortened by a provision in the Civil Matters — Volume 10 · Source page ٤٩

  5. تفسير القانون

    Principle 216Facts and legal positions predating the effective date of the law. Its retroactive application thereto. Its condition. - The new law. It must be published in the Official Gazette within two weeks of its issuance and takeCivil Matters — Volume 10 · Source page ٤٩
  6. Principle 217The supremacy of national law. Its necessary consequence. Refraining from applying any foreign legislation. The judge must resort to interpreting national legislation if it is unclear to the judge, through the various leCivil Matters — Volume 10 · Source page ٤٩
  7. Principle 218Reliance on the rationale of legislation. There is no basis for it except where the text is obscure or ambiguous. A text whose meaning is clear and plain. It may not be departed from or construed under the pretext of beiCivil Matters — Volume 10 · Source page ٤٩
  8. Principle 219Inquiry into the rationale of legislation and the reasons for it. There is no occasion for this except where the text is ambiguous, compelling the judge to investigate the objective sought by the legislation and the inteCivil Matters — Volume 10 · Source page ٤٩
  9. Principle 220Principles of natural law and rules of justice. Their application in logical interpretation. An example concerning building on another’s land under the former Commercial Code.Civil Matters — Volume 10 · Source page ٥٠
  10. Principle 221The clarity and plainness of the statutory text. Its effect. No scope for investigating the wisdom and motives of the legislation. The rationale thereof.Civil Matters — Volume 10 · Source page ٥٠
  11. Principle 223Recourse to a general law where a special law exists is impermissible except as to matters left unregulated by the special law. Example in maritime carriage.Civil Matters — Volume 10 · Source page ٥٠
  12. Principle 224Where the statutory provisions are clear, their validity and reasons may not be investigated in order to interpret them. The occasion for that is where the text is ambiguous.Civil Matters — Volume 10 · Source page ٥٠
  13. Principle 225The prohibition on selling undivided shares in land for which no subdivision has been issued except after obtaining municipal permission, Article One of Decree-Law 92/1976, is a general, clear and manifest provision not Civil Matters — Volume 10 · Source page ٥٠
  14. Principle 226Provisions containing disciplinary penalties. They must be interpreted narrowly and may not be applied by analogy.Civil Matters — Volume 10 · Source page ٥٠
  15. Principle 227A statutory provision expressed in general, unrestricted terms. Its effect. No scope for particularizing it. Example.Civil Matters — Volume 10 · Source page ٥٠
  16. Principle 228A legislative provision. Its content is not confined to what its words and phrases indicate. It encompasses the meaning derived from the spirit or import of the provision. Article 1/1, Civil Code.Civil Matters — Volume 10 · Source page ٥٠
  17. Principle 229Where a statutory provision is clear and manifest, there is no scope for seeking guidance from the legislative rationale. The occasion for this: where it is ambiguous. - 50 - Law - Where the legislative provisions regulaCivil Matters — Volume 10 · Source page ٥٠
  18. Principle 230Where the legal provision is clear and explicit, there is no room for guidance by the rationale of the legislation; such guidance is appropriate where the provision is ambiguous.Civil Matters — Volume 10 · Source page ٥١
  19. Principle 231Prohibition on exchange companies engaging in banking activities, including accepting cash deposits. Article 2 of the Minister of Finance’s Decision of 19/3/84. The generality of this provision. Its implication. Its ruleCivil Matters — Volume 10 · Source page ٥١
  20. Principle 232Statutory provisions prescribing special limitation periods for certain rights. They must be construed narrowly so that they apply only to the specific cases they encompass.Civil Matters — Volume 10 · Source page ٥١
  21. Principle 233The obligation to apply the statutory provision itself without adopting anything contrary to it or restricting it, so long as its meaning is clear. The reason: avoiding the creation of a different rule through interpretaCivil Matters — Volume 10 · Source page ٥١
  22. Principle 234Judgments issued by the court of first instance as final judgments. The general rule is that they may not be appealed unless the law provides otherwise, or they contradict an earlier judgment that has not acquired the foCivil Matters — Volume 10 · Source page ٥١
  23. Principle 235The employer's right to terminate the employment contract and dismiss the worker without notice or gratuity in the cases specified in the Labor Law. Its expression in general terms. Effect thereof. It encompasses fixed-tCivil Matters — Volume 10 · Source page ٥١
  24. Principle 236A special legal rule does not repeal general rules but constitutes an exception to them.Civil Matters — Volume 10 · Source page ٥٢
  25. Principle 237Clarity of the wording of a legal provision. Its effect. Interpreting it on the basis of the intent and considerations behind its enactment. Impermissible.Civil Matters — Volume 10 · Source page ٥٢
  26. Principle 238Where a provision is general, there is no scope for restricting it without a restricting basis. Where it is express and clear, it is impermissible to depart from it or interpret it under the pretext of seeking guidance fCivil Matters — Volume 10 · Source page ٥٢
  27. Principle 239The provision of the Civil Code is general and unqualified, applying to all transactions that an agent concludes with himself without permission or ratification from the principal. It may not be particularized or restricCivil Matters — Volume 10 · Source page ٥٢
  28. Principle 240Legal rules depend, in their existence and non-existence, on their underlying cause. Where a provision is general and unqualified, there is no scope for narrowing or restricting it by reference to its rationale. - The obCivil Matters — Volume 10 · Source page ٥٢
  29. Principle 241The provision in the Civil Service Law that bonuses and grants paid by wholly State-owned companies, even periodically, shall not be taken into account except after approval by the Civil Service Council. A special provisCivil Matters — Volume 10 · Source page ٥٢
  30. Principle 242The provision in Article 126 of the Personal Status Law is general and unqualified; it may therefore not be narrowed or restricted.Civil Matters — Volume 10 · Source page ٥٢
  31. Principle 243A non-Kuwaiti may not engage in commerce unless he has a Kuwaiti partner. This is the general rule. The exception thereto: - 52 - The Law funds he deposits with banks or companies, or agreements he concludes with them toCivil Matters — Volume 10 · Source page ٥٢
  32. Principle 245Where a provision is general and explicit in indicating its intended meaning, there is no room to restrict or interpret it on the pretext of seeking guidance from the legislator's intent. - The judgment's restriction of Civil Matters — Volume 10 · Source page ٥٣
  33. Principle 246Freedom of publication. A constitutional principle. The exception. Is the restriction. The exception may not erase, encroach upon or suspend the principle. Its effect is confined to the limits stated in it.Civil Matters — Volume 10 · Source page ٥٣
  34. Principle 247Clarity of the statutory provision. Its implication: it is impermissible to depart from it or interpret it otherwise. Example concerning compensation for an occupational injury.Civil Matters — Volume 10 · Source page ٥٣
  35. Principle 248The worker’s right to receive payment in lieu of leave accumulated during his employment without a maximum limit. Art. 13, Law 28 of 1969 concerning Labour in the Oil Operations Sector. Departing from this. A restrictionCivil Matters — Volume 10 · Source page ٥٣
  36. Principle 249There is no occasion to inquire into the rationale of legislation where the text is explicit. Such inquiry is appropriate where it is obscure. - 53 - The LawCivil Matters — Volume 10 · Source page ٥٣
  37. Principle 250The person having an interest in requesting the affixing of the executory formula to a criminal judgment containing a ruling on a civil matter or ordering restitution, compensation or costs. What is and is not required oCivil Matters — Volume 10 · Source page ٥٤
  38. Principle 251Where a provision is clear, plain in meaning and conclusive in indicating its intent, it may not be departed from or construed on the pretext of seeking guidance from the rationale that prompted it.Civil Matters — Volume 10 · Source page ٥٤
  39. Principle 252Either spouse, before or after consummation, may seek judicial divorce on account of harm inflicted by the other by word or deed such that continued marital life between persons like them is impossible. The basis for thiCivil Matters — Volume 10 · Source page ٥٤
  40. Principle 253Where the provision in Article 1 of Law 45/1989 contains no restriction to a particular type of company, the exception applies to all companies, including limited liability companies. Whatever exceeds this scope. CompaniCivil Matters — Volume 10 · Source page ٥٤
  41. Principle 254The content of a statutory provision. It encompasses the meaning derived from its spirit and is not confined to the meaning indicated by its words and phrases in themselves. - The Executive Regulations of Law 41/1993 conCivil Matters — Volume 10 · Source page ٥٤
  42. Principle 255Article 191 of Law 51 of 1984 concerning the lapse of the father's right to custody of his children if he does not claim it within one year from the date of his knowledge of the female custodian's marriage. Applying it bCivil Matters — Volume 10 · Source page ٥٥
  43. Principle 256Courts may not consider acts of sovereignty. The basis therefor. - The meaning of acts of sovereignty. Example.Civil Matters — Volume 10 · Source page ٥٥
  44. Principle 257Engaging a lawyer from the private sector alongside government counsel in actions brought by or against the government. Is not prohibited.Civil Matters — Volume 10 · Source page ٥٥
  45. Principle 258The provision of Article One of Decision 10 of 1991 that foreign employees of Kuwait Airways Corporation who were detained in Kuwait or Iraq by the Iraqi invasion authorities shall be paid the equivalent of their full saCivil Matters — Volume 10 · Source page ٥٥
  46. Principle 259The scope of an appeal in cassation does not extend beyond the judgment appealed against. - The absence from the chapter on appeals in cassation in the Procedure Law of a provision equivalent to that contained in the lasCivil Matters — Volume 10 · Source page ٥٥
  47. Principle 260The provisions of the Leasing Law do not apply to a contract intended merely for speculation to achieve material profit. The provisions of the Commercial Law or other provisions, as the case may be, apply. The basis for Civil Matters — Volume 10 · Source page ٥٥
  48. Principle 262A judgment rendered in the absence of the person required to take the decisive oath. Its operative part must be served upon him. Article 68 of the Evidence Law. The provision concerning service is unqualified, without reCivil Matters — Volume 10 · Source page ٥٦
  49. Principle 263Liability action. A joint-stock company may bring it against the chairman and members of the board of directors. Cases thereof. Articles 148, 149, 204 of the Companies Law. A vote by the general assembly discharging the Civil Matters — Volume 10 · Source page ٥٦
  50. Principle 264It is impermissible to particularize or restrict a provision so long as it is expressed in general, unrestricted, explicit, clear terms conclusively indicating its intended meaning. Example concerning Law 43 of 1993 regaCivil Matters — Volume 10 · Source page
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