المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. في المسائل الإجرائية

    Principle 374The State of Kuwait’s accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards drawn up - 81 - Law in New York, with a reservation. Its implication: its provisions become a law of the StaCivil Matters — Volume 10 · Source page ٨١
  2. Principle 375The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State recognizes the binding force of the arbitral award and orders iCivil Matters — Volume 10 · Source page ٨٢
  3. Principle 376Recourse to the provisions of the general law where a special law exists. Its prerequisite. - The misdemeanour of insult by publication. The criminal action and the compensation action arising from it must be brought witCivil Matters — Volume 10 · Source page ٨٢
  4. Principle 377The existence of a special law. Its necessary consequence. No recourse to the provisions of the general law except in respect of matters not regulated by the special law. - Assessment of the lawyer’s fees for non-judiciaCivil Matters — Volume 10 · Source page ٨٢
  5. Principle 378The judge's ratification of a settlement. A purely non-contentious act. Its exclusion from the scope of judicial judgments. The reason therefor. - Recourse to the Court of First Instance for an order enforcing judgments Civil Matters — Volume 10 · Source page ٨٣
  6. Principle 379Rules governing challenges to judgments. Their subjection to the law of the country in which the action is instituted and the proceedings are conducted. Its implication. Application thereto of the law of the judge beforeCivil Matters — Volume 10 · Source page ٨٣
  7. Principle 380Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is not rendered solely for the benefit of the creditor requesting it, but for the benefit of all creditors, even if Civil Matters — Volume 10 · Source page ٨٣
  8. Principle 381Recourse to the provisions of the general law. Is permissible only regarding matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. TCivil Matters — Volume 10 · Source page ٨٤
  9. Principle 382Jurisdiction to annul administrative decisions vested in the Administrative Circuit. Its restriction to the decisions stipulated in Article (1) of Law 20 of 1981 establishing an Administrative Circuit at the Court of FirCivil Matters — Volume 10 · Source page ٨٤

  10. في مسائل النقل

    Principle 384Kuwait’s accession to the Brussels Convention concerning Bills of Lading. Its operation as domestic legislation. Its implication. The judge is bound to apply its provisions.Civil Matters — Volume 10 · Source page ٨٥
  11. Principle 385The conditions for applying the provisions of the Brussels Convention concerning Bills of Lading are that the bill of lading must have been drawn up in a signatory or acceding State, that the carrier and shipper belong tCivil Matters — Volume 10 · Source page ٨٥
  12. Principle 386Conditions concerning exemption of the sea carrier from liability or mitigation thereof. Absolutely void. Article 8/3 of the Brussels Convention concerning Bills of Lading. The reason for this.Civil Matters — Volume 10 · Source page ٨٥

  13. في مسائل الأحوال الشخصية:*

    Principle 388The law applicable to the effects of marriage where the parties to the action are foreigners is the law of the husband’s nationality at the time the marriage was contracted. What is meant is the substantive rules resultiCivil Matters — Volume 10 · Source page ٨٦
  14. Principle 389Birth is the event giving rise to filiation. Its implication. The law in force at birth applies to the establishment of filiation. - Filiation is established by the marital bed, acknowledgment and evidence according to tCivil Matters — Volume 10 · Source page ٨٦
  15. Principle 390Personal Status Law 51/1984. Its scope of application as to persons. Those to whom the Maliki school applies, to the exclusion of others. - The rule in the Ja‘fari school is that the child belongs to the marital bed, so Civil Matters — Volume 10 · Source page ٨٦
  16. Principle 391Determining the applicable law in the case of stateless persons. Within the authority of the trial judge. Law 5 of 1961. - Personal Status Law 51 of 1981 applies when one party to the action follows the Sunni school and Civil Matters — Volume 10 · Source page ٨٦
  17. Principle 393In matters relating to religious belief, the outward verbal declaration is accepted where the apparent circumstances do not belie it. Its motives should not be examined; examination is confined to the consequences arisinCivil Matters — Volume 10 · Source page ٨٧
  18. Principle 394Kuwaitis differing in school of jurisprudence. The school of Imam Malik applies to their personal status.Civil Matters — Volume 10 · Source page ٨٧
  19. Principle 396A gift made while Amiri Decree 19 of 1959 regulating the judiciary was in force. The law applicable to it. - A gift under the Majalla of Judicial Rules. It is completed only by taking possession.Civil Matters — Volume 10 · Source page ٨٧
  20. Principle 397Adherence or non-adherence to the school of Imam Malik, and the consequent application of the Kuwaiti Personal Status Law as the general law or application of the particular schools. The determining factor is the disputeCivil Matters — Volume 10 · Source page ٨٧
  21. Principle 398Both parties being Syrian. The law applicable to them regarding guardianship over the person and custody is Syrian law. The basis for this? The absence from that law of a provision regulating the taking of children into Civil Matters — Volume 10 · Source page ٨٧
  22. Principle 399The Personal Status Circuit has jurisdiction to determine all disputes relating to personal status. The school of Imam Malik is applicable to them, and the Majalla of Judicial Rules is applicable to civil transactions, uCivil Matters — Volume 10 · Source page ٨٧
  23. Principle 400Actions concerning guardianship over the person and custody. The law applicable thereto when the parents' schools of jurisprudence differ. Law 51 of 1984 concerning Personal Status, given that the father is a Kuwaiti natCivil Matters — Volume 10 · Source page ٨٨
  24. Principle 401Application of the provisions of Kuwaiti law to the action on the basis of failure to produce American law as the law of the husband's nationality. Correct. Nor is the court at fault if it did not require the litigants tCivil Matters — Volume 10 · Source page ٨٨
  25. Principle 402The law applicable in a divorce action. It is the law of the last nationality acquired by the spouses during the marriage and before the divorce or before the action for it was brought. Absence of a common nationality. ICivil Matters — Volume 10 · Source page ٨٨
  26. Principle 403Adoption of the school of Imam Malik as the general law under the Kuwaiti Personal Status Law, or its non-adoption and the application of particular schools. Its basis. The dispute relating to the personal status of thesCivil Matters — Volume 10 · Source page ٨٨
  27. Principle 404Disagreement between the spouses over receipt of the dower. Its effect. The wife’s statement prevails before consummation, and the husband bears the burden of proving its receipt. - The existence of a special law. Its efCivil Matters — Volume 10 · Source page ٨٨
  28. Principle 405Personal Status Law 51/1984. Its provisions apply only to those to whom the school of Imam Malik applies, to the exclusion of others. - 88 - Law - Establishment of a child's lineage by the marital bed under the Ja‘fari sCivil Matters — Volume 10 · Source page ٨٨
  29. Principle 406Both parties to a maintenance action belonging to the Ja'fari school. Its effect. Entitlement to maintenance from the date of judgment, not from the date the action was brought. The basis thereof. Article 205 of the PersCivil Matters — Volume 10 · Source page ٨٩
  30. Principle 407The provisions of the Kuwaiti Personal Status Law. Their application to those to whom the school of Imam Malik applied. Others. Their own rules apply to them. - The school of Imam Malik. Its application where one party iCivil Matters — Volume 10 · Source page ٨٩
  31. Principle 408The substantive conditions for the validity of marriage. Their determination. Its governing reference. The nationality of the spouses if it is the same. Their differing nationalities. Its effect. The necessity of referriCivil Matters — Volume 10 · Source page ٨٩
  32. Principle 409Kuwaitis belonging to different religious schools. Its consequence. Application of the Kuwaiti Personal Status Law.Civil Matters — Volume 10 · Source page ٨٩
  33. Principle 410Rules in respect of which reference is made to the law of the husband’s nationality at the time the marriage was concluded. Their nature: the substantive rules determining the effects of marriage with respect to the spouCivil Matters — Volume 10 · Source page ٨٩
  34. Principle 411The substantive provisions of the law of the husband's nationality at the time of the marriage contract apply to the effects produced by the marriage contract. As for procedural provisions, recourse is to Kuwaiti law as Civil Matters — Volume 10 · Source page ٨٩
  35. Principle 412The parties to the dispute having the same nationality (Saudis). The rules of the Hanbali school are applicable to the action. - The mother's travel with the child in her custody to another country for residence and settCivil Matters — Volume 10 · Source page ٩٠
  36. Principle 413The law of the father's nationality. It is the law applicable to guardianship over the person and custody. - The party invoking foreign law must submit an official copy thereof. Otherwise, Kuwaiti law shall apply.Civil Matters — Volume 10 · Source page ٩٠
  37. Principle 414Assessment of maintenance of all kinds, its increase or decrease, the financial means of the person obliged to pay it, and the female custodian's need for a servant. Matters of fact. - Lapse of spousal maintenance. It ocCivil Matters — Volume 10 · Source page ٩٠
  38. Principle 415Establishment that the father is a Saudi national. Its import. Application of the Hanbali school followed in Saudi law. The boy attaining the age of seven. Its effect. Giving him the choice, provided he is of sound mind,Civil Matters — Volume 10 · Source page ٩٠
  39. Principle 416The absence from the Personal Status Law and the school of Imam Malik of a provision governing how testimony is established before courts. The requirement to apply Evidence Law No. 39 of 1980. - 90 - The law - The distinCivil Matters — Volume 10 · Source page ٩٠
  40. Principle 418Both parties to the action being Lebanese. The Lebanese Family Rights Law must be applied. Its import. The law of the spouses' nationality applies to divorce, judicial divorce and separation during marriage and before diCivil Matters — Volume 10 · Source page ٩١
  41. Principle 419Religious belief. Basing rulings concerning it on acknowledgment by outward verbal declaration. Its condition. - The school of Imam Malik. Applicable when one spouse is Sunni and the other Ja'fari. Its replacement by theCivil Matters — Volume 10 · Source page ٩١
  42. Principle 420The husband's absence for one year or more with an acceptable excuse. Impermissibility of judicial separation. Reason therefor. - Establishment of the husband's captivity and the absence of a provision in the law for thiCivil Matters — Volume 10 · Source page ٩١
  43. Principle 421Rules concerning the admissibility of an action for li'an and denial of lineage. Some are contained in Kuwaiti law. Matters for which there is no provision. Recourse is made to the well-established position in the schoolCivil Matters — Volume 10 · Source page ٩١
  44. Principle 422The spouses being of different nationalities and neither being Kuwaiti. Its import. Application of the law of the husband's nationality to matrimonial disputes, including maintenance and the waiting period. Example. - 91Civil Matters — Volume 10 · Source page ٩١
  45. Principle 423The new law. Does not apply to the past. Applies from the date it enters into force to legal positions formed after its entry into force. The reason therefor. Example. - Establishment of parentage arising from a birth thCivil Matters — Volume 10 · Source page ٩٢
  46. Principle 424Application of the Ja‘fari school. Its condition. The litigants’ common adherence to this school. Their difference in school. Its implication. Application of Law No. 51 of 1984 concerning Personal Status. - The right to Civil Matters — Volume 10 · Source page ٩٢
  47. Principle 425Dissolution of a valid marriage after consummation. Its implication. Consolatory compensation is obligatory. Absence of a provision concerning consolatory compensation for a divorced woman after seclusion. Its effect. ReCivil Matters — Volume 10 · Source page ٩٢
  48. Principle 426The law of the father’s nationality. Its application to custody actions. The litigants being Saudi nationals. Saudi law must be applied to the dispute. Article 43 of Law 5 of 1961 regulating legal relations involving a fCivil Matters — Volume 10 · Source page
  49. Principle 427Law 51/1984. Its application to those to whom the school of Imam Malik applied. Others. The provisions specific to them apply to them. Both parties being of the Ja'fari school. Its implication. Ja'fari jurisprudence goveCivil Matters — Volume 10 · Source page
  50. Principle 428Insistence on applying the provisions of a foreign law. It is regarded as a mere matter of fact. The implication of this. Evidence of it must be adduced. - Failure by the party invoking the application of foreign law to Civil Matters — Volume 10 · Source page
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