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

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

Search this collection

  1. الحيازة ووضع اليد - التقادم المكسب

    Principle 4175The difference between an ownership action and a possessory action. Its nature. The former protects the right of ownership and the rights in rem deriving from it, and the inquiry therein addresses the basis of the right Civil Matters — Volume 11 · Source page 817
  2. Principle 4176Non-hearing of an action. Its condition. Leaving the property while the action subsists, and another's usurpation of the property, encroachment upon it and denial of its owner's right. Merely leaving and neglecting the pCivil Matters — Volume 11 · Source page 817
  3. Principle 4177The existence of land never previously owned by an 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 planCivil Matters — Volume 11 · Source page 817
  4. Principle 4178Aerial photographs. Their being evidence against all persons as to what they indicate. This does not prejudice the authority of the court of merits to assess the significance of their contents. Inferring possession of imCivil Matters — Volume 11 · Source page 818
  5. Principle 4179The status of the third-party holder of mortgaged real property who may request its purging of the mortgage. The condition for acquiring that status: ownership of the property must have transferred to him by any cause otCivil Matters — Volume 11 · Source page 818
  6. Principle 4180A request to confirm ownership by possession. Its purpose is to obtain a declaratory judgment establishing ownership through possession. An example of what constitutes a new claim on appeal.Civil Matters — Volume 11 · Source page 818
  7. Principle 4181The good faith whose existence on the part of a particular successor is relevant to preventing the effect of rescission of the contract concluded with his predecessor from being asserted against him. Its criterion. His lCivil Matters — Volume 11 · Source page 818
  8. Principle 4182The general rule is that land outside the planning boundary is considered State property. The exception: land situated on Failaka Island remains the property of its owners if they prove their ownership by a recognized meCivil Matters — Volume 11 · Source page 818
  9. Principle 4183The Deeds Committee established under the provisions of Law 18/1969. An administrative committee. It lacks competence to verify manifestations of physical possession as the material element of possession. Decisions issueCivil Matters — Volume 11 · Source page 819
  10. Principle 4184A deceased predecessor’s retention of possession of the property he disposed of to one of his heirs and of his right to enjoy it throughout his lifetime. A legal presumption that it is a disposition effective after deathCivil Matters — Volume 11 · Source page 819
  11. Principle 4185Lands situated outside the planning boundary. State property. No individual ownership of them may be claimed. The exception. Its cases. Art. 2/5, Law 5 of 1975. Limiting the effect of the claim to granting the claimant cCivil Matters — Volume 11 · Source page 819
  12. Principle 4186An action to prevent interference. Its restriction to the possessor in the legal sense. The possessor's possession must have continued for 3 full years to prevent interference with it. A material act or legal dispositionCivil Matters — Volume 11 · Source page 819
  13. Principle 4187Possessory actions which may not be combined with a claim to the right. Their nature. Actions for continuation of possession, prevention of interference and suspension of new works. An action claiming title to attached rCivil Matters — Volume 11 · Source page 820
  14. Principle 4188Possessory actions. Their basis. Material possession satisfying its legal conditions, whether or not the possessor has a right over the thing he possesses. Once the court finds that material possession satisfying its conCivil Matters — Volume 11 · Source page 820
  15. Principle 4190Extinctive limitation. Does not begin to run until the debt becomes due for payment. Article 445/1 of the Civil Code. - Law 78 of 1986 amending Law 18 of 1969 concerning the determination of State property outside the plCivil Matters — Volume 11 · Source page 820
  16. Principle 4191Abandonment necessitating the non-hearing of an action while the Majalla of Judicial Rules was in force. Its nature. Mere abandonment or neglect of the property and failure to exercise any right over it, without anyone iCivil Matters — Volume 11 · Source page 821
  17. Principle 4193A co-owner in undivided ownership may claim the yield of his share in the common property from the co-owners possessing more than their shares therein, each in proportion to his share of that excess. - Ascertaining physiCivil Matters — Volume 11 · Source page 821
  18. Principle 4194An action for recovery of possession. May not be defended against by an action concerning the right. The reason therefor: it is based on redressing unlawful interference with possession without considering the capacity oCivil Matters — Volume 11 · Source page 821
  19. Principle 4195The mortgagee creditor. His reliance on his good faith. Its condition. That the mortgaged real estate be owned by the debtor. - A sale with a right of redemption. What is required therein. The seller’s retention of the rCivil Matters — Volume 11 · Source page 822
  20. Principle 4196A disposition in favour of an heir while retaining possession of the property and the right to its usufruct for life. Deemed a disposition taking effect after death. Article 943 of the Civil Code. Its application to a giCivil Matters — Volume 11 · Source page 822
  21. Principle 4197Possession of real property satisfying its legal conditions for 15 years. Is regarded as a legal presumption of the possessor's ownership. A successor may add the period of his predecessor's possession of the property toCivil Matters — Volume 11 · Source page 822
  22. Principle 4198Assessment of possession of the gifted real property and physical control thereof, assessment of evidence, and inference of presumptions establishing or negating possession. Matters of fact. The trial court has exclusiveCivil Matters — Volume 11 · Source page 822
  23. Principle 4199An action for compensation for preventing the possessor of immovable property from possessing it. The defendant therein is anyone who commits a positive act upon the property leading to that prevention. It suffices that Civil Matters — Volume 11 · Source page 823
  24. Principle 4200The deceased’s retention of possession of property which he disposed of to one of his heirs and of his right to enjoy it throughout his lifetime. A legal presumption that it is a disposition taking effect after death andCivil Matters — Volume 11 · Source page 823
  25. Principle 4201Usurpation is the absence of a basis for possession. Possession is not considered such unless devoid of a legal basis. Residence by way of tolerance confers no right, however long its duration. Assessment of the purpose Civil Matters — Volume 11 · Source page 823
  26. Principle 4202Endowed property remains in its existing state, tied up in perpetuity under the rule of ownership by God Almighty, with its benefit given in charity. It may not be disposed of by any type of disposition; thus it is not sCivil Matters — Volume 11 · Source page 823

  27. حيازة أموال الوقف

    Principle 4203The possessor of mortgaged real estate. His payment of the secured debt or part thereof to the mortgagee creditor. Its effect. His subrogation to that creditor in all his rights against the debtor to the extent of that pCivil Matters — Volume 11 · Source page 824
  28. Principle 4204Possession of waqf property with the intention of ownership. Its duration. The resulting consequences for hearing an action brought by the waqf administrator. - Possession by others of property belonging to the State or Civil Matters — Volume 11 · Source page 824

  29. حيازة القسائم الزراعية

    Principle 4205Endowed property remains as it is, detained in perpetuity under the rule of ownership by Almighty God, with its benefit given in charity. It may not be disposed of by any type of disposition and thus is not subject to saCivil Matters — Volume 11 · Source page 825

  30. الهبة والوصية

    Principle 4206The right of usufruct over agricultural holdings. Conditions for its assignment. Article 2/2 of Decision 657 of 2003 concerning regulation of the relationship between the Public Authority for Agriculture Affairs and FishCivil Matters — Volume 11 · Source page 825
  31. Principle 4207A deed of gift issued before Law 5/1959 came into force and bearing a date certified by the notary is regarded as an instrument admissible to prove the root of title.Civil Matters — Volume 11 · Source page 826
  32. Principle 4208A gift preceding the issuance of Amiri Decree 19/1959 promulgating the Law on the Organization of the Judiciary. Its subjection to the rules prescribed in the Majalla of Judicial Rules as the law under which the transactCivil Matters — Volume 11 · Source page 826
  33. Principle 4209The donee's receipt of the gifted property and its coming into his possession. A material fact. Its effect. He may prove it by all legal means of proof, including witness testimony. Reason: his possession of this propertCivil Matters — Volume 11 · Source page 826
  34. Principle 4210The deceased’s retention of possession of the property he disposed of to one of his heirs and of his right to enjoy it throughout his lifetime. A legal presumption that it is a disposition taking effect after death, to wCivil Matters — Volume 11 · Source page 826
  35. Principle 4211Endowments for non-charitable purposes and charitable endowments. The distinction between them. Its criterion. An endowment is considered charitable if dedicated to a charitable purpose that does not cease. These assets Civil Matters — Volume 11 · Source page 826
  36. Principle 4212A disposition in favor of one of the heirs while retaining possession of the property and the right to its usufruct for life. Its treatment as a disposition taking effect after death. Article 943, Civil Code. Its applicaCivil Matters — Volume 11 · Source page 827
  37. Principle 4213The decedent retaining possession of the property he disposed of to one of his heirs and his right to enjoy it throughout his life. A legal presumption that it is a disposition taking effect after death, to which the proCivil Matters — Volume 11 · Source page
  38. Principle 4215A gift taking effect after the donor’s death under the Lebanese Code of Obligations and Contracts. Its inclusion within the concept of a will. Its permissibility only within the limits of one-third of the estate. A complCivil Matters — Volume 11 · Source page
  39. Principle 4216Rent for the minor's dwelling is part of the maintenance due to him; the female custodian is not obliged to bear any part of it unless she owns a dwelling in which she resides or which is allocated for her residence, eveCivil Matters — Volume 11 · Source page
  40. Principle 4217A statement of Sharia inheritance distribution issued by the Inheritance Section of the Court of First Instance does not have the authority of judgments. The basis thereof.Civil Matters — Volume 11 · Source page
  41. Principle 4220The status of the possessor of mortgaged real property who may request its discharge from the mortgage. Condition for acquiring that status: ownership of the real property must have passed by any cause other than inheritCivil Matters — Volume 11 · Source page
  42. Principle 4221The decedent's retention of possession of the property he disposed of to one of his heirs and of his right to enjoy its benefit throughout his lifetime. A legal presumption that it is a disposition taking effect after deCivil Matters — Volume 11 · Source page
  43. Principle 4222The deceased’s retention of possession of the property he disposed of to one of his heirs and of his right to enjoy its usufruct throughout his lifetime. A legal presumption that it is a disposition taking effect after dCivil Matters — Volume 11 · Source page
  44. Principle 4223A disposition to one of the heirs while retaining possession of the property and the right to enjoy it for life. It is regarded as a disposition taking effect after death. Article 943 of the Civil Code. Its application tCivil Matters — Volume 11 · Source page
  45. Principle 4224The deceased's retention of possession of the property he disposed of to one of his heirs and of his right to benefit from it throughout his lifetime. A legal presumption that it is a disposition taking effect after deatCivil Matters — Volume 11 · Source page
  46. Principle 4225Houses provided by the State to house Kuwaiti families entitled to housing welfare. Deemed part of the State’s private property. They are not allocated to public use, and pursuant to Article 21 of the Council of MinisterCivil Matters — Volume 11 · Source page
  47. Principle 4226The State’s public ownership and private ownership. The criterion for distinguishing between them. - What the State provides to house Kuwaiti families entitled to housing welfare. Part of the State’s private property. ThCivil Matters — Volume 11 · Source page
  48. Principle 4227Housing allocation. It is authorization to enjoy government housing or any other housing alternative, limited to use without entitlement to dispose of it. The meaning of family under the housing welfare system. What the Civil Matters — Volume 11 · Source page
  49. Principle 4228Allocation of government houses to individuals. A stage preceding transfer of their ownership to them. Its implication: they have only the right of residence. Transfer of ownership to them. Its condition. Submission of aCivil Matters — Volume 11 · Source page
  50. Principle 4229Allocation of government housing to individuals. Its meaning: they have the right to acquire ownership thereof. Its effect. The allottee has the right to use it without disposing of it.Civil Matters — Volume 11 · Source page
PreviousPage 75 of 83Next