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. - التخصيص كمرحلة سابقة على انتقال الملكية

    Principle 4230Allocation of government houses. Confers upon the allottee only the right of habitation. Ownership does not transfer to him merely upon payment of the price in full and fulfillment of the conditions prescribed in the houCivil Matters — Volume 11 · Source page 831
  2. Principle 4231Co-holders of a usufruct right. Each one's right to claim the yield of his share from whoever is proven to have enjoyed its use. - A government house. Its allocation in equal halves. One of the two allottees leasing all Civil Matters — Volume 11 · Source page 832
  3. Principle 4232Transfer of ownership of government housing. Its condition. Valid issuance of the title deed in accordance with the legally prescribed procedures and conditions and to those actually entitled thereto. It must be cancelleCivil Matters — Volume 11 · Source page 832
  4. Principle 4233Allocation of government houses. A stage preceding transfer of their ownership from the State to individuals. Its implication: the allottee acquires only the right of residence, not ownership, which does not transfer to Civil Matters — Volume 11 · Source page 832
  5. Principle 4234The decision allocating government housing. It confers only a right of usufruct therein. Transfer of ownership to the person allocated the housing. Its condition. Expiry of the prescribed period from his receipt of the hCivil Matters — Volume 11 · Source page 832

  6. آثار كسب الملكية

    Principle 4235A decision allocating government housing. Confers upon the allottee only the right to enjoy the dwelling. Transfer of ownership to him. Its condition. The lapse of ten years from his receipt of the dwelling, his payment Civil Matters — Volume 11 · Source page 833

  7. - الملكية الشائعة

    Principle 4236Removal of plantings or structures erected by a person on another's land in bad faith. An option available to the landowner alone. The reason for this. Article 882, Civil Code. - Establishment that the appellant was liceCivil Matters — Volume 11 · Source page 833
  8. Principle 4237Decree-Law No. 92/1976 did not permit the sale of undivided shares. Requiring sellers of undivided shares by negotiable instruments before the Law came into force to submit a subdivision plan to the municipality within oCivil Matters — Volume 11 · Source page 833
  9. Principle 4238Prohibition of the sale of undivided shares in land for which no subdivision decision has been issued except with the Municipality’s permission; otherwise, it is void. Decree-Law 92/1976. The nullity pertains to public pCivil Matters — Volume 11 · Source page 834
  10. Principle 4239Prohibition on selling undivided shares in land for which no subdivision decision has been issued except with the Municipality's permission. Contravention thereof. Absolute nullity of the sale.Civil Matters — Volume 11 · Source page 834
  11. Principle 4240A co-owner of undivided property may dispose of his undivided share. He may not dispose of a separated portion before partition except with the approval of the remaining co-owners.Civil Matters — Volume 11 · Source page 834
  12. Principle 4241The prohibition on selling undivided shares in land for which no subdivision has been issued except after obtaining the Municipality’s permission, Article One of Decree-Law 92/1976, is a general, clear and explicit proviCivil Matters — Volume 11 · Source page 834
  13. Principle 4243A co-owner in undivided ownership. An agent for the other co-owners in his management of the jointly owned property. Agency is, in principle, gratuitous.Civil Matters — Volume 11 · Source page 834
  14. Principle 4244A co-owner in undivided ownership. An agent for the other co-owners in what he undertakes in managing the jointly owned property.Civil Matters — Volume 11 · Source page 834
  15. Principle 4245Assessment of one co-owner’s exclusive possession of all or part of the undivided property and assessment of the yield due as compensation. Within the authority of the court of fact. - 834 - OwnershipCivil Matters — Volume 11 · Source page 834
  16. Principle 4246Whether or not the co-owners agreed to divide the enjoyment of jointly owned property. Among the matters of fact independently determined by the court of merits.Civil Matters — Volume 11 · Source page 835
  17. Principle 4247The yield of jointly owned property during undivided ownership. The co-owners are entitled thereto, each in proportion to his share. Each may claim the yield of his share from whoever is proven to have enjoyed its benefiCivil Matters — Volume 11 · Source page 835
  18. Principle 4248A co-owner in undivided ownership has the right to take whatever is necessary to preserve the co-owned property without the co-owners' consent. Contracts concluded by third parties without the co-owners' consent or whichCivil Matters — Volume 11 · Source page 835
  19. Principle 4249A co-owner in indivision has the right to take the measures necessary to preserve the common property without the co-owners’ consent. Contracts concluded by third parties without the co-owners’ consent or which are absolCivil Matters — Volume 11 · Source page 835
  20. Principle 4250The co-owners' agreement to partition jointly owned property may be express and may be implied, in what is called de facto partition. Effect of this agreement. Termination of co-ownership in undivided shares and severancCivil Matters — Volume 11 · Source page 835
  21. Principle 4251The prohibition on selling undivided shares in land for which no subdivision scheme has been issued except after obtaining prior permission from the municipality is restricted to vacant land, excluding built properties.Civil Matters — Volume 11 · Source page 835
  22. Principle 4252Agreement by co-owners on partition of the benefits of property held in common by an arrangement for shared enjoyment. Permissible. Impossibility of such agreement. Its effect. The court may, at the request of one of theCivil Matters — Volume 11 · Source page 835
  23. Principle 4253The rent for a minor's dwelling forms part of the maintenance due to him; the female custodian is not liable for any part thereof unless she owns a dwelling in which she resides or which is designated for her residence, Civil Matters — Volume 11 · Source page 836
  24. Principle 4254The female custodian’s entitlement to rent for the dwelling of the child in custody. Its criterion. That she does not own a dwelling in which she resides or which is allocated for her residence. Ownership includes undiviCivil Matters — Volume 11 · Source page 836
  25. Principle 4255Management of common property belongs to the manager whose appointment is agreed upon by those owning the majority of the shares. Their failure to appoint a manager and one co-owner's individually undertaking one of thosCivil Matters — Volume 11 · Source page 836
  26. Principle 4256Prohibition of the sale of undivided shares in land for which no subdivision decision has been issued, except after obtaining prior permission from the Municipality. Breach of the prohibition. Its effect. Absolute nullitCivil Matters — Volume 11 · Source page 836
  27. Principle 4257A lease granted by one of the co-owners in undivided ownership. Its effects extend directly to the other co-owners. Basis thereof: statutory representation. Its condition. Absence of objection by the majority of the co-oCivil Matters — Volume 11 · Source page 836
  28. Principle 4258A request to partition jointly owned property or dispose of it in a manner inconsistent with the purpose for which it was intended. Does not prevent enforcement of the receivership judgment by delivering the property to Civil Matters — Volume 11 · Source page 837
  29. Principle 4259The custodian’s relinquishment of his task of preserving or managing property placed under custodianship to one of the co-owners in undivided ownership. Impermissible. Unless all of them consent thereto. The rationale.Civil Matters — Volume 11 · Source page 837
  30. Principle 4260Partition by liquidation. The criterion for applying it. The impossibility of partitioning the jointly owned property in kind or diminution of its value. The effect thereof. The court may order the property sold at publiCivil Matters — Volume 11 · Source page 837
  31. Principle 4261Where partition of common property in kind is impossible or partition would cause a reduction in its value. The court may resort to liquidation. - Partition among co-owners in indivision by allocation. Its prerequisite. Civil Matters — Volume 11 · Source page 837
  32. Principle 4262Partition of enjoyment, whether by place or time, does not terminate co-ownership in undivided shares, but regulates how the jointly owned property is enjoyed. Consequence and basis thereof.Civil Matters — Volume 11 · Source page 837
  33. Principle 4263Co-owners may agree to partition the property held in common in the manner they see fit, thereby terminating common ownership. Completion of partition of property held in common. Its criterion. - Actual delivery of the tCivil Matters — Volume 11 · Source page 837
  34. Principle 4264The state of undivided co-ownership. Its termination at the request of a co-owner to obtain the amount corresponding to his share of the price of the immovable property sold by auction. The prerequisite thereof. PartitioCivil Matters — Volume 11 · Source page 838
  35. Principle 4265The Authority for Minors’ Affairs. Its right to administer assets jointly owned by a minor and persons not covered by its care whenever they consent thereto or without objection from them.Civil Matters — Volume 11 · Source page 838
  36. Principle 4266Division of the benefits of undivided property by a partition of enjoyment. All co-owners may agree thereto. Inability to agree on a spatial or temporal partition of enjoyment. The court may order it upon the request of Civil Matters — Volume 11 · Source page 838
  37. Principle 4268Provisions of laws. Their application to legal positions occurring from the date they enter into force, whether in their creation, production of effects, or termination. Transactions concluded before that date. Remain suCivil Matters — Volume 11 · Source page
  38. Principle 4269The distinction between property owned by the State as public property and its private property. Its criterion: dedication of the former to public benefit. Houses allocated for housing welfare constitute the State’s privCivil Matters — Volume 11 · Source page
  39. Principle 4270The trial court’s assessment that the plea of unconstitutionality is a serious plea. Its effect: its obligation to stay the action and refer the dispute to the Constitutional Court for determination. - A co-owner in undiCivil Matters — Volume 11 · Source page
  40. Principle 4271The right of the majority owning three quarters of the shares in the common property to dispose of it. Its condition: the existence of compelling reasons justifying the disposition and that partition of the property woulCivil Matters — Volume 11 · Source page
  41. Principle 4272Fruits produced by undivided property during co-ownership. A right of all co-owners in proportion to each one’s share. A co-owner may recover the yield of his share from the co-owners possessing more than their shares, eCivil Matters — Volume 11 · Source page
  42. Principle 4273Yield. Its nature. The obligation of the person who committed usurpation to pay it. Its implication. The right of a co-owner in undivided ownership to recover from his co-owner who usurped the portion allotted to him theCivil Matters — Volume 11 · Source page
  43. Principle 4274A co-owner in indivision has the right to take whatever is necessary to preserve the common thing if the managing co-owner fails to do so, without needing the approval of the remaining co-owners. Preservation measures maCivil Matters — Volume 11 · Source page
  44. Principle 4275Leasing jointly owned property. A right of the majority of the co-owners. A lease of the entire property or a physically separated part thereof granted by one co-owner who does not hold a majority of the shares. Valid anCivil Matters — Volume 11 · Source page
  45. Principle 4276Undivided property that cannot be partitioned in kind or whose partition would substantially diminish its value. It must be partitioned by liquidation through sale at public auction and division of the price at which theCivil Matters — Volume 11 · Source page
  46. Principle 4277Sale of an undivided share in land for which no subdivision decision has been issued. Impermissible except after obtaining prior permission from Kuwait Municipality. Contravention thereof. Its effect. The contract is voiCivil Matters — Volume 11 · Source page
  47. Principle 4280An action for partition. The binding effect of the judgment rendered therein is confined to those co-owners who were parties thereto, as is the case with an agreement for consensual partition. Completion of partition of Civil Matters — Volume 11 · Source page
  48. Principle 4282A co-owner in undivided ownership may claim the yield of his share in the co-owned property from the co-owners possessing more than their shares therein, each in proportion to his portion of that excess. - 841 - OwnershiCivil Matters — Volume 11 · Source page
  49. Principle 4283Disposition of common property. Its condition. That the majority consist of at least two co-owners. A single co-owner may not undertake an act reserved to the majority, however large his share. The reason therefor: what Civil Matters — Volume 11 · Source page
  50. Principle 4285Partition of enjoyment of the benefits of jointly owned property. Its nature. In principle, it is by agreement of the co-owners. Failure to reach agreement. Its effect: the court may order it at the request of one of theCivil Matters — Volume 11 · Source page
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