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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    Principle 265A clear provision with an evident meaning. It is impermissible to depart from it and adopt what contradicts it. The reason therefor. - Interpretation. Its condition.Civil Matters — Volume 10 · Source page ٥٦
  2. Principle 266Impermissibility of adopting anything contrary to the clear and unequivocal provisions of the law. Reason therefor.Civil Matters — Volume 10 · Source page ٥٦
  3. Principle 267Prohibition of undertaking to supply expatriate workers. Charitable associations and trade unions are excepted from this danger, provided that they obtain a licence therefor. Contravention of this view. Its effect. The aCivil Matters — Volume 10 · Source page ٥٦
  4. Principle 268A provision expressed in general and unrestricted terms. There is no basis for particularising or restricting it without a qualifying provision. The rationale thereof. - 56 - LawCivil Matters — Volume 10 · Source page ٥٦
  5. Principle 269A thing requiring special care to prevent damage arising from it. The custodian of that thing within the meaning intended by the law. His nature. The criterion is physical control over the thing.Civil Matters — Volume 10 · Source page ٥٧
  6. Principle 270An unrestricted general provision. There is no room to restrict or alter it by reference to its underlying purpose. The reason for that. This introduces, through interpretation, a different rule not contained in the provCivil Matters — Volume 10 · Source page ٥٧
  7. Principle 271The provisions contained in Law 41 of 1993. The nature of those provisions. - The debtor’s choice to enjoy the advantages and facilities prescribed by Law 41 of 1993 concerning Indebtedness. Its necessary consequence. HiCivil Matters — Volume 10 · Source page ٥٧
  8. Principle 272The provisions of Law 5 of 1971 concerning the obligatory bequest are expressed in general terms. Its effect. Its provisions apply to all Kuwaitis without exception or distinction between those belonging to any school ofCivil Matters — Volume 10 · Source page ٥٧
  9. Principle 273Administrative disputes relating to civil servants’ affairs. The Administrative Circuit of the Court of First Instance has jurisdiction over them. It has jurisdiction therein to annul and award compensation. - The publicCivil Matters — Volume 10 · Source page ٥٧
  10. Principle 274Government entity. Its meaning in the Civil Service Law: every ministry, department, or administrative unit whose budget forms part of, or is annexed to, the State’s general budget. - Posts are filled by appointment, proCivil Matters — Volume 10 · Source page ٥٨
  11. Principle 275Contracting with non-Kuwaitis for posts not requiring a specialized qualification, simple technical posts, auxiliary posts and typing posts. May only be effected under a fixed-salary contract. Other posts. Are filled undCivil Matters — Volume 10 · Source page ٥٨
  12. Principle 276A general, unqualified provision. It may not be narrowed or restricted. The reason for this. - Article 104 of the Companies Law does not distinguish between instalments representing the nominal value of shares and those Civil Matters — Volume 10 · Source page ٥٨
  13. Principle 277The Civil Service Council alone is competent to issue interpretations binding on government entities concerning civil service legislation and the allocation of government housing to employees. - The Civil Service CouncilCivil Matters — Volume 10 · Source page ٥٨
  14. Principle 278Clarity of the wording of the provision. Its effect. It is impermissible to adopt anything contrary to it or restrict it. - The decision suspending payment of the representation allowance prescribed for Kuwaiti employeesCivil Matters — Volume 10 · Source page ٥٨
  15. Principle 279Impossibility of reconciliation between the spouses. Its consequence. The court may appoint 2 arbitrators from the spouses' families if possible. If they disagree, it joins to them a deciding arbitrator from outside theiCivil Matters — Volume 10 · Source page ٥٩
  16. Principle 280Clarity of the wording of a provision. Effect thereof. It is impermissible to adopt what contradicts it or to restrict it. Rationale: not to introduce through interpretation a rule contrary to the legislator's intent; thCivil Matters — Volume 10 · Source page ٥٩
  17. Principle 281The provisions of Law 5 of 1971 concerning the obligatory bequest. General. Its provisions apply to Kuwaitis without exception or distinction between adherents of any of the schools of jurisprudence. The challenged judgmCivil Matters — Volume 10 · Source page ٥٩
  18. Principle 283Establishment of a matter at the present time based on its having been established at an earlier time. Its implication. The continuation and persistence of that matter throughout the subsequent period. Its condition. ThaCivil Matters — Volume 10 · Source page ٦٠
  19. Principle 284Provisions prescribing limitation periods for certain rights. They must be narrowly construed and apply only to the cases specifically included therein. Matters outside them revert to the general rule prescribed in ArticCivil Matters — Volume 10 · Source page ٦٠
  20. Principle 285An explicit provision of conclusive meaning. It may not be narrowed, restricted or departed from, even on the pretext of being guided by the rationale that prompted it and the legislature’s intention behind it. The reasoCivil Matters — Volume 10 · Source page ٦٠
  21. Principle 287The right of recourse to the courts. Established for all people in defence of their rights. The courts have jurisdiction to adjudicate all disputes. The exception. Where the Constitution or the law assigns jurisdiction tCivil Matters — Volume 10 · Source page ٦١
  22. Principle 288A special law may not be disregarded in order to apply the general law except as regards provisions omitted from the special law. The reason: the special law is an exception to the general law, limiting the generality ofCivil Matters — Volume 10 · Source page ٦١
  23. Principle 289The principle is that a lawyer is an agent whose relationship with his client is governed by the provisions of general law concerning the relationship between principal and agent. The provision in Article 32 of Law No. 4Civil Matters — Volume 10 · Source page ٦١
  24. Principle 290The right of usufruct. Its definition: a principal right in rem attaching directly to the thing enjoyed, conferring on its holder some of the powers of the owner, such as using or exploiting a thing owned by another, in Civil Matters — Volume 10 · Source page ٦٢
  25. Principle 291A provision whose intended meaning is clear. Impermissibility of departing from it or construing it otherwise. Reason therefor. - Specification of sick-leave periods by an express provision in the Labour Law in the Oil BCivil Matters — Volume 10 · Source page ٦٢
  26. Principle 292A provision whose meaning is clear. It is impermissible to adopt anything contrary to it or to restrict it. - An auditor. He may not chair the board of directors of a joint-stock company, be its managing director, a membCivil Matters — Volume 10 · Source page ٦٢
  27. Principle 293The content of a provision. Is not confined to the meaning indicated by its words and phrases in themselves. It includes the meaning derived from its spirit and import, through its implications and significance. - LicensCivil Matters — Volume 10 · Source page ٦٢
  28. Principle 294General population and housing census data. Their purpose: statistical objectives for standardizing, coordinating and analysing information. These data may not be relied upon to impose any financial burden or used as eviCivil Matters — Volume 10 · Source page ٦٢
  29. Principle 295A debt deferred until the debtor’s financial ease or ability to pay. The court may set an appropriate date for its payment. The condition for this: consideration of his circumstances, present and future resources, and thCivil Matters — Volume 10 · Source page ٦٣
  30. Principle 296The time limit stipulated in Article One of Law 33 of 2000 concerning claims to ownership of state-owned land. What is meant by it. - Retroactivity of laws - in matters other than criminal matters - may only be establishCivil Matters — Volume 10 · Source page ٦٣
  31. Principle 297A clear provision whose meaning plainly indicates its intent. It may not be departed from or construed on the pretext of seeking guidance from the rationale that prompted it. The reason for this. - Priority in submittingCivil Matters — Volume 10 · Source page ٦٣
  32. Principle 298A clear provision whose meaning plainly indicates its intent. It is impermissible to depart from it or interpret it under the pretext of seeking guidance from the rationale that dictated it. An example of an erroneous inCivil Matters — Volume 10 · Source page ٦٣
  33. Principle 299Adoption of what contradicts or restricts statutory provisions. Impermissible when they are clear and plain. The reason for this. - Inquiry into the wisdom and reasons underlying legislation. No place for it except whereCivil Matters — Volume 10 · Source page ٦٤
  34. Principle 300Procedural laws. Apply to actions not yet decided or procedures not yet completed before their effective date. Exception: provisions amending time limits. Its condition: the time limit must have begun before these provisCivil Matters — Volume 10 · Source page ٦٤
  35. Principle 301The right to custody. Its forfeiture through the silence of the person entitled to it for one year without an excuse. Its condition. His knowledge of this right. A claim of ignorance does not constitute an excuse. - WherCivil Matters — Volume 10 · Source page ٦٥
  36. Principle 302A clear text. It is impermissible to adopt anything contrary to it or restricting it. The reason for this. An example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limiteCivil Matters — Volume 10 · Source page ٦٥
  37. Principle 303Clear and plain statutory provisions. It is impermissible to adopt anything contrary to them or to restrict them. The reason therefor. - Multiple guarantors for a single debt subject to the provisions of Law 11 of 1993, Civil Matters — Volume 10 · Source page ٦٥
  38. Principle 304Conclusion of a valid marriage. Its condition. Offer by the wife's guardian and acceptance by the husband or those acting in their stead. - The statutory text being unqualified in specifying who has guardianship to conclCivil Matters — Volume 10 · Source page ٦٥
  39. Principle 305A special law may not be disregarded in order to apply a general law, as this contradicts the purpose for which the special law was enacted. - The Public Prosecution may apply for a declaration of bankruptcy against a clCivil Matters — Volume 10 · Source page ٦٦
  40. Principle 306Social Insurance Institution. Authorization by the Director General of employees working therein to appear before the courts and plead on its behalf. An agency originating in law. Article 8/1 of Law 61 of 1976.Civil Matters — Volume 10 · Source page ٦٦
  41. Principle 307A general, unqualified text. It may not be particularized or restricted. The rationale thereof. - Actions arising from an insurance contract. Their lapse upon the expiry of three years from the occurrence of the event giCivil Matters — Volume 10 · Source page ٦٦
  42. Principle 308A clear provision, plain in meaning. May not be departed from or construed. The reason for this. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it must contain nothing contrary Civil Matters — Volume 10 · Source page ٦٦
  43. Principle 310A clear provision with an evident meaning. Adopting anything contrary to it is impermissible. The reason for this. - Multiple guarantors for a single debt subject to Law 41 of 1993 and its amendments. This does not rendeCivil Matters — Volume 10 · Source page ٦٧
  44. Principle 311Provisions prescribing special prescriptive periods for certain rights. They must be interpreted narrowly. They apply only to the specific cases they cover; matters falling outside them are subject to the general rule coCivil Matters — Volume 10 · Source page ٦٧
  45. Principle 312Legislative provisions apply to matters they address expressly or by implication. Its import. The provision encompasses the meaning derived from its spirit or its implied meaning, by reference or indication, which is revCivil Matters — Volume 10 · Source page ٦٨
  46. Principle 313The Public Ports Law and its Fees and Charges Regulations contain no provision obliging the owner of goods deposited inside customs warehouses or in its open yards to pay ground storage charges after expiry of the periodCivil Matters — Volume 10 · Source page ٦٨
  47. Principle 314A provision may not be particularized or restricted so long as it is general, unrestricted, explicit, clear and conclusive as to its intended meaning. - Exemption of Kuwaiti citizens from private-car instalments pursuantCivil Matters — Volume 10 · Source page ٦٨
  48. Principle 315A clear provision with a plain meaning. It is impermissible to depart from it and adopt what contradicts it. Rationale. - A creditor of a general partnership has the right to claim his debt from the partnership alone, frCivil Matters — Volume 10 · Source page ٦٨
  49. Principle 316A clear provision with an evident meaning. It is impermissible to depart from it and adopt what contradicts it. The reason therefor.Civil Matters — Volume 10 · Source page
  50. Principle 317A general, unqualified provision leaves no scope for narrowing, qualifying, or interpreting it. The reason for this. This would create, through interpretation, a different rule not contained in the provision. - InterpretCivil Matters — Volume 10 · Source page
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