المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Civil Matters — Volume 11

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,126 available principles

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  1. تقادم دعوى الملك والعقار

    Principle 2039An action concerning ownership and real property. Shall not be heard if left for fifteen years. - Leaving the property. Its meaning. Leaving it while another usurps it, encroaches upon it, and denies its owner's right. LCivil Matters — Volume 11 · Source page ٣٨٩
  2. Principle 2040The allegation that a road exists on the land. Is not evidence of the State’s ownership thereof and its classification as public property. Continuation of this passage for the period required to acquire ownership by longCivil Matters — Volume 11 · Source page ٣٨٩
  3. Principle 2041Laws relating to prescription. Their application, from their entry into force, to every uncompleted prescription. The old law governs the period of prescription that ran under it in respect of determining the moment whenCivil Matters — Volume 11 · Source page ٣٨٩
  4. Principle 2042Ascertaining the facts of the case, assessing the evidence and documents, weighing them against one another, drawing conclusions consistent with the facts of the case, and ascertaining the event from which prescription bCivil Matters — Volume 11 · Source page ٣٩٠
  5. Principle 2043Abandonment requiring an action not to be heard while the Mejelle of Judicial Rules was in force. Its nature. Merely leaving or neglecting the property and not exercising any right over it, without anyone interfering witCivil Matters — Volume 11 · Source page ٣٩٠
  6. Principle 2044State ownership of every ownerless immovable property. Article 878, Civil Code. Its application to land that no individual had previously owned before the effective date of this Code by any means of acquiring ownership, Civil Matters — Volume 11 · Source page ٣٩٠
  7. Principle 2045Abandonment of property necessitating the non-hearing of an action under the Majalla of Judicial Provisions. Its nature. Merely abandoning and neglecting property and not exercising any right over it, however long the tiCivil Matters — Volume 11 · Source page ٣٩٠
  8. Principle 2046Laws concerning prescription. Apply from their entry into force to every prescription period not yet completed. - The three-month period stipulated in the third paragraph of Article 33 of the former Publications and PublCivil Matters — Volume 11 · Source page ٣٩٠
  9. Principle 2047Abandonment giving rise to the barring of an action from being heard under Islamic Sharia is leaving the property while grounds for an action exist owing to another’s usurpation of it, encroachment upon it, and denial ofCivil Matters — Volume 11 · Source page ٣٩١

  10. - تقادم الضرائب والرسوم واشتراكات الهاتف

    Principle 2048The seller’s failure to perform his contractual obligation to transfer ownership of the real property sold to the purchaser where he does not own it or a part thereof. A breach of a contractual obligation. Its effect. ThCivil Matters — Volume 11 · Source page ٣٩١
  11. Principle 2049Income tax. Its limitation period begins on the day following the date on which the legislature required the person dealt with to submit a statement of the income tax due from him to the Tax Director. - Commencement of tCivil Matters — Volume 11 · Source page ٣٩٢
  12. Principle 2050Commencement of the limitation period for income tax under the former Commercial Code and its non-completion before the new Civil Code, which extended its duration from three to five years, came into force. The effect thCivil Matters — Volume 11 · Source page ٣٩٢
  13. Principle 2051Commencement of prescription under Article 363 of the repealed Commercial Code concerning taxes and fees due to the State. From the date of the event giving rise to them. - 392 - Obligation - Commencement of the three-yeCivil Matters — Volume 11 · Source page ٣٩٢
  14. Principle 2052Taxes and fees due to the State. They become time-barred after five years from their due date. Article 441 Civil Code.Civil Matters — Volume 11 · Source page ٣٩٣
  15. Principle 2053Judicial fees are a type of fee due to the State. They are time-barred upon the lapse of five years from the date of issuance of the judgment in the action in respect of which they became due. The judgment’s adherence toCivil Matters — Volume 11 · Source page ٣٩٣
  16. Principle 2054Amounts owed by the Government to individuals and paid to it as customs duty or a fee under the provisions of Law 13 of 1980. Become time-barred upon the lapse of five years from the date of payment. An example. - DetermCivil Matters — Volume 11 · Source page ٣٩٣
  17. Principle 2055Customs duty and the fees relating thereto. Prescribed after five years from the date on which the goods subject to the duty arrive in Kuwaiti areas. Amounts due to individuals in this regard. Their prescription after fiCivil Matters — Volume 11 · Source page ٣٩٣
  18. Principle 2056Revaluation by the Customs Department after payment of duties and release of the goods. Impermissible, but it may rectify any error or omission in assessing duties. Reason thereof. It is not regarded as a fault on its paCivil Matters — Volume 11 · Source page ٣٩٣
  19. Principle 2057Legislation regulating tax assessment procedures. Mandatory rules relating to public policy. The effect thereof. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customs dCivil Matters — Volume 11 · Source page ٣٩٤
  20. Principle 2059Prescription of income tax. It begins to run from the date of the event giving rise to it, namely the day following the date on which the tax legislature required the taxpayer to submit a statement of the income tax due Civil Matters — Volume 11 · Source page ٣٩٤
  21. Principle 2060Court fees. A type of fee due to the State. Time-barred after five years from the date of the judgment in the action for which they became due, or from the date the documents were drawn up if no pleadings took place. ExpCivil Matters — Volume 11 · Source page ٣٩٥
  22. Principle 2061The right to claim a tax debt arises from the moment the taxable event occurs, which arises with the creation of the taxable income by placing it at its owner's disposal. The limitation period begins to run when the debtCivil Matters — Volume 11 · Source page ٣٩٥
  23. Principle 2063Taxes and fees due to the State. Their prescription upon the lapse of five years from the end of the year in which they fall due. - The event giving rise to tax. Its nature. Placing the income subject to it at the taxpayCivil Matters — Volume 11 · Source page ٣٩٥

  24. تقادم حق الحكومة في استرداد ما دفعته للموظف

    Principle 2064Court fees. Among the fees due to the State. They are time-barred upon the passage of five years from the date of issuance of the judgment in the action in respect of which they became due. Article 441 of the Civil Code.Civil Matters — Volume 11 · Source page ٣٩٦
  25. Principle 2065The Government’s right to recover what it paid to an employee without entitlement. Its limitation period. Five years from the date of disbursement, unless the employee committed fraud or deceit. Deceit in this regard. ItCivil Matters — Volume 11 · Source page ٣٩٦
  26. Principle 2066Amounts paid by the Government to an employee without entitlement. The right to recover them is time-barred upon the lapse of five years from the date of disbursement. Payment of these amounts with entitlement. Effect thCivil Matters — Volume 11 · Source page ٣٩٦
  27. Principle 2067Law No. 15 of 1979 concerning the Civil Service(*) does not apply to military members of the police. - Law No. 23 of 1968 (*) concerning the Police Force System contains no provision governing limitation of the Ministry Civil Matters — Volume 11 · Source page ٣٩٦

  28. تقادم حقوق الموظف قبل الحكومة

    Principle 2068The Government's right to recover what it paid to an employee without entitlement. Becomes time-barred upon the lapse of five years from the date of disbursement unless the employee committed fraud. In that case, limitatCivil Matters — Volume 11 · Source page ٣٩٧
  29. Principle 2069An employee’s right to claim his financial entitlements is prescribed upon the expiry of one year from the date of his knowledge of those entitlements or five years from the date they fell due, whichever period is earlieCivil Matters — Volume 11 · Source page ٣٩٧
  30. Principle 2070An employee's right to claim the financial entitlements prescribed for him. Becomes time-barred upon the lapse of 1 year from the date of his knowledge of those rights or 5 years from the date they fall due, whichever peCivil Matters — Volume 11 · Source page ٣٩٧
  31. Principle 2071The employee’s knowledge of his financial entitlement, its extent, its essential elements, its due date, and the entity owing it. Its effect. The prescriptive period for his right to claim it. One year from the date of tCivil Matters — Volume 11 · Source page ٣٩٧
  32. Principle 2073The employee's right to claim his prescribed financial entitlements against the government. Time-barred upon the expiry of 1 year from the date of his knowledge of those entitlements or 5 years from the date they fall duCivil Matters — Volume 11 · Source page ٣٩٨
  33. Principle 2075The employee's right to claim his prescribed financial entitlements. Time-barred upon the lapse of 5 years from the date they fall due or 1 year from the date of his knowledge thereof, whichever period is earlier. The knCivil Matters — Volume 11 · Source page ٣٩٨
  34. Principle 2076The employee’s right to claim his prescribed financial entitlements against the Government becomes time-barred upon the lapse of one year from the date of his knowledge of those entitlements or five years from the date oCivil Matters — Volume 11 · Source page ٣٩٨

  35. تقادم الدعاوى الناشئة عن قانون التأمينات الاجتماعية*

    Principle 2077Prescription of the employee's right to claim his prescribed financial entitlements upon the lapse of one year from the date of his knowledge of these entitlements or five years from the date of entitlement, whichever peCivil Matters — Volume 11 · Source page ٣٩٩

  36. تقادم دعوى المطالبة بالريع عن الغصب

    Principle 2078Inadmissibility of a request to amend rights established under the Social Insurance Law after the expiry of two years from the date of assessment or payment. Excepted cases. A request for reassessment of the more favorabCivil Matters — Volume 11 · Source page ٣٩٩
  37. Principle 2079An action claiming yield in respect of usurpation. Barred upon the lapse of fifteen years. This is not altered by the disputed property being unproductive.Civil Matters — Volume 11 · Source page ٣٩٩
  38. Principle 2081Yield owed by the bad-faith bewildered person. An action therefor is not heard upon denial after fifteen years have elapsed. - Yield. Its nature: compensation for usurpation that deprived the owner of the real property oCivil Matters — Volume 11 · Source page ٣٩٩

  39. القطر والإرشاد

    Principle 2082An action claiming yield from usurpation is not time-barred until fifteen years have elapsed. A claim for compensation for such usurpation, whether material or moral, is not time-barred except by the same period. The reaCivil Matters — Volume 11 · Source page ٤٠٠
  40. Principle 2083An action for liability for loss of or damage to goods under the Brussels Convention is time-barred unless brought within 1 year from the date of delivery of the goods or the date on which they should have been deliveredCivil Matters — Volume 11 · Source page ٤٠٠
  41. Principle 2084Actions arising from a maritime employment contract become time-barred after one year. What interrupts this limitation period. A demand by letter accompanied by acknowledgment of receipt, settlement negotiations, or the Civil Matters — Volume 11 · Source page ٤٠٠
  42. Principle 2085The knowledge from which the limitation period for actions arising from a contract of carriage by sea begins to run. What is meant thereby: the right-holder’s actual knowledge of his right to recover what was paid withouCivil Matters — Volume 11 · Source page ٤٠٠
  43. Principle 2087The legislature's unification of the limitation period for actions arising from contracts of carriage by sea and actions arising from loading and unloading contracts at one year. The purpose thereof. - 400 - Obligation -Civil Matters — Volume 11 · Source page ٤٠٠
  44. Principle 2088Commission agency for carriage. Its nature: a contract whereby the agent undertakes to contract, in his own name or in his principal’s name, with a carrier for the carriage of a thing or person to a specified destinationCivil Matters — Volume 11 · Source page ٤٠١
  45. Principle 2090Actions arising from a contract of carriage by sea. Their extinction after one year from the date of delivery of the goods or the date on which delivery should have taken place. Interruption of the running of prescriptioCivil Matters — Volume 11 · Source page ٤٠١
  46. Principle 2092Actions arising from a contract of carriage by sea. Their extinction upon the lapse of one year from the date of delivery of the goods or the date on which delivery should have occurred. Article 201/1 Maritime CommercialCivil Matters — Volume 11 · Source page
  47. Principle 2093The actions specified in Article 201 of the Maritime Commercial Code (arising from a contract of carriage by sea). Grounds for interrupting the limitation period therein. The legislature added special grounds for them, iCivil Matters — Volume 11 · Source page
  48. Principle 2094Actions arising from a loading and unloading contract are time-barred after one year. Reason therefor. Article 201/1 of the Maritime Commerce Law. - Grounds for interruption of prescription in actions arising from loadinCivil Matters — Volume 11 · Source page
  49. Principle 2096An action arising from a marine insurance contract. Its lapse after two years from the date the third party brings an action against the insured or from the day on which the third party receives compensation from the insCivil Matters — Volume 11 · Source page
  50. Principle 2097Claims made by the right-holder against the Port Authority. Their subjection to the provisions governing short prescription. Basis thereof. Article 74 of Decree 7 of 1959 concerning public ports. Limitation of a liabilitCivil Matters — Volume 11 · Source page
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