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

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  1. - الملكية الشائعة

    Principle 4286Partition of use by space or time. It does not terminate the state of co-ownership but is a special method of regulating how jointly owned property is enjoyed. The length of the partition period does not result in a co-oCivil Matters — Volume 11 · Source page 843
  2. Principle 4287Property held in common which cannot be partitioned in kind, or whose partition in kind the court finds would greatly diminish its value. The court may order the sale of that property by public auction and division of thCivil Matters — Volume 11 · Source page 843
  3. Principle 4288Common parts of real property. Owned in common by all owners. They include external passageways, places designated for common services, and all types of pipes and equipment, except those located within one of the separatCivil Matters — Volume 11 · Source page 843
  4. Principle 4289Undivided shares in vacant land for which no subdivision plan has been issued. Requirement to obtain prior permission from the municipality when selling them, as opposed to built properties. Article 1 of Law 92 of 1976.Civil Matters — Volume 11 · Source page 843
  5. Principle 4290Co-owners who own at least three-quarters of the common property. Their right to dispose of it. The conditions thereof. That they rely on strong reasons and that partition would be detrimental to the co-owners’ interestsCivil Matters — Volume 11 · Source page 843
  6. Principle 4291The leasehold right arising from a lease contract. A personal right. Its difference from usufruct, which is a right in rem derived from ownership, attaching directly to the thing concerned and encompassing the power to uCivil Matters — Volume 11 · Source page 844
  7. Principle 4292A sale contract whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effect. AbsolutCivil Matters — Volume 11 · Source page 844
  8. Principle 4293A claim concerning the right of co-owners of common property to have recourse against the co-owner possessing more than his share therein for compensation for his enjoyment of that share, so as to resolve the dispute betCivil Matters — Volume 11 · Source page 844
  9. Principle 4294A co-owner in common has the right to take whatever is necessary to preserve the thing held in common without needing the consent of the other co-owners. This applies equally whether the acts of preservation are physicalCivil Matters — Volume 11 · Source page 845
  10. Principle 4296Immovable properties privately owned by the State. Their exploitation may take place only pursuant to a lease contract or a temporary licence for use evidenced in writing, specifying the rights and obligations of both paCivil Matters — Volume 11 · Source page 845

  11. قسمة المال الشائع

    Principle 4298A co-owner in undivided property. The principle is that he has the right to terminate the state of co-ownership at any time by agreement or judicially. The exception. The existence of considerations requiring compulsory Civil Matters — Volume 11 · Source page 846
  12. Principle 4299Whether or not the co-owners agreed upon division of the enjoyment of the undivided property. A question of fact independently determined by the court of merits.Civil Matters — Volume 11 · Source page 846
  13. Principle 4301The co-owners' agreement to partition property held in common may be express and may be implied, in what is called actual partition. The effect of this agreement. Termination of co-ownership and separation in kind of eacCivil Matters — Volume 11 · Source page 846
  14. Principle 4302Agreement by the co-owners on partition of enjoyment of the benefits of jointly owned property. Permissible. Failure to reach this agreement. Its effect. The court may, at the request of one of them, order this partitionCivil Matters — Volume 11 · Source page 847
  15. Principle 4303The co-owners may partition the use of the government house allocated to them. Their inability to agree on the partition. The court shall undertake the partition at the request of one of them.Civil Matters — Volume 11 · Source page 847
  16. Principle 4304Effectiveness of partition. Conditional upon payment of the partition equalization sum by the holder of the larger share. - A new claim and a means of defense. The nature of each. Example concerning a request to appoint Civil Matters — Volume 11 · Source page 847
  17. Principle 4305Partition of the government house. Its inclusion of all its parts and facilities capable of partition. The reason therefor.Civil Matters — Volume 11 · Source page 847
  18. Principle 4306Partition by liquidation. The prerequisite for its application. Impossibility of partitioning the jointly owned property in kind or diminution of its value. The effect thereof. The court may order the sale of the propertCivil Matters — Volume 11 · Source page 847
  19. Principle 4307The State’s private property. Subject to the rules of private law, just as individuals are. - Undivided property whose partition in kind is impossible or would diminish its value. The court may depart from partition in kCivil Matters — Volume 11 · Source page 847
  20. Principle 4308Where partition of common property in kind is impossible or partition would cause a reduction in its value. The court may resort to liquidation. - Effecting partition among co-owners in undivided ownership by allocation Civil Matters — Volume 11 · Source page 848
  21. Principle 4309Partition of enjoyment, whether spatial or temporal, does not terminate the state of co-ownership but regulates how the common property is enjoyed. The implication thereof and its basis.Civil Matters — Volume 11 · Source page 848
  22. Principle 4312The state of co-ownership. Its termination at the request of a co-owner to obtain the equivalent of his share from the price of the property sold by auction. The prerequisite therefor. Impossibility of partition in kind,Civil Matters — Volume 11 · Source page 848
  23. Principle 4313Partition of the benefits of jointly owned property by an arrangement for separate enjoyment. All co-owners may agree to it. Their inability to agree to divide its enjoyment between them spatially or temporally. The courCivil Matters — Volume 11 · Source page 849
  24. Principle 4314Sale of undivided shares in land for which no subdivision decision has been issued. Its condition. Obtaining prior permission from Kuwait Municipality in accordance with the controls and conditions issued by decision of Civil Matters — Volume 11 · Source page 849
  25. Principle 4315Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt's creditors are barred from bringing actions against him and taking measures against his assets, and actions and measures taken individually by each cCivil Matters — Volume 11 · Source page 849
  26. Principle 4316A co-owner in undivided ownership. His right to seek partition of jointly owned property unless compelled to remain therein. He may not be compelled by a legal disposition to remain in undivided ownership for a period exCivil Matters — Volume 11 · Source page 849
  27. Principle 4320The debtor's estate becomes encumbered immediately upon his death with an accessory right in rem in favour of his creditors, entitling them to pursue it and recover their debts from it in the hands of any heir. ImplicatiCivil Matters — Volume 11 · Source page 850
  28. Principle 4322Establishment that the real property cannot be partitioned in kind because this conflicts with the regulations in force at Kuwait Municipality, and that the building on the two plots is connected at the basement, mezzaniCivil Matters — Volume 11 · Source page 851
  29. Principle 4325Partition of enjoyment by place or time. It does not terminate co-ownership but is a special method of regulating enjoyment of the jointly owned property. The lengthy duration of the partition does not result in the co-oCivil Matters — Volume 11 · Source page 851
  30. Principle 4326Undivided property that cannot be partitioned in kind or where the court finds that partition in kind would substantially diminish its value. The court may order the sale of that property at public auction and division oCivil Matters — Volume 11 · Source page 851
  31. Principle 4327Co-owners holding at least three-quarters of the undivided property. Their right to dispose of it. The condition therefor. That they rely on strong reasons and that partition would harm the co-owners' interests. The obliCivil Matters — Volume 11 · Source page 852
  32. Principle 4328The creditor's exercising his debtor's rights. Its necessary consequence. His being regarded as the debtor's representative. A third party may oppose him with all the pleas available against the debtor. Its effect. EveryCivil Matters — Volume 11 · Source page 852
  33. Principle 4329The tenants’ joint and several liability for their contractual obligations. Its effect. Their indivisibility even if not expressly stipulated in the contract. It suffices to infer it implicitly from the contract’s terms Civil Matters — Volume 11 · Source page 852
  34. Principle 4330A third party whose property is in the bankrupt's possession has the right to recover it, thereby averting pro rata distribution among creditors. What is intended thereby. Reconciling the owner's right of recovery with tCivil Matters — Volume 11 · Source page 852
  35. Principle 4331The tenancy right arising from a lease contract. A movable right even if the subject of the lease is immovable property. The lessor's intervention to enable the lessee to use the leased premises. Its import. It is a persCivil Matters — Volume 11 · Source page 853

  36. دعوى الملكية ودعوى الحيازة

    Principle 4332A co-owner in undivided ownership. The general rule is that the co-owner has the right to terminate the state of undivided ownership at any time, by agreement or through the courts. The exception. The existence of considCivil Matters — Volume 11 · Source page 853
  37. Principle 4333The provisions of Articles 13, 14 of Real Estate Registration Law No. 5 of 1959 are addressed to the authority entrusted with registering instruments. They have no effect on the right of courts to rely on any lawful evidCivil Matters — Volume 11 · Source page
  38. Principle 4334Assessment of the evidence and facts leading to possession coupled with a claim of ownership being regarded as evidence of ownership. Within the authority of the court of merits. It may accept or reject the expert's repoCivil Matters — Volume 11 · Source page
  39. Principle 4335The plaintiff’s denial of the defendant’s ownership. Of no avail so long as he has not proved his own ownership. Failure to establish the defendant’s ownership does not entail establishing it for the plaintiff. The ownerCivil Matters — Volume 11 · Source page
  40. Principle 4336An ownership action under the Majalla of Judicial Rules. The plea that it may not be heard is available to the State and to individuals.Civil Matters — Volume 11 · Source page
  41. Principle 4338Inferring possession as a presumption establishing ownership is within the authority of the court of merits. So long as it is sound. - Plans and cadastral maps have no probative force in establishing ownership. - ExproprCivil Matters — Volume 11 · Source page
  42. Principle 4339The addressee of Article 14 of Law No. 5 of 1959 concerning Real Estate Registration is the authority entrusted with registration, and it does not prejudice the courts' right, when hearing an action to establish ownershiCivil Matters — Volume 11 · Source page
  43. Principle 4340Instruments admissible to prove the origin of ownership pursuant to Article 14 of the Real Estate Registration Law. Their nature. - An application submitted by the person concerned to the authority entrusted with registrCivil Matters — Volume 11 · Source page
  44. Principle 4341Ascertaining possession of real property and assessing its treatment as a presumption of ownership fall within the discretion of the court of merits, provided its assessment is reasonable. In this regard, it may rely on Civil Matters — Volume 11 · Source page
  45. Principle 4343Possession. A person's control over a tangible thing and appearing in relation to it as the owner or holder of another right in rem. The manifestation thereof.Civil Matters — Volume 11 · Source page
  46. Principle 4344Survey maps and adjoining owners’ documents have no probative authority in establishing ownership. They may be regarded as circumstantial evidence of possession as an ordinary fact. The power of the court hearing the merCivil Matters — Volume 11 · Source page
  47. Principle 4345The Real Estate Registration Department is the sole addressee with respect to being bound, in proving ownership upon registration, by the possession records issued by the notary public. Acceptance of possession records rCivil Matters — Volume 11 · Source page
  48. Principle 4346The addressee of Article 14 of the Real Estate Registration Law concerning instruments establishing the root of ownership or the right in rem: is the body entrusted with registration procedures, without prejudice to the Civil Matters — Volume 11 · Source page
  49. Principle 4347The provisions of Articles 13 and 14 of Law 5/1959 are addressed to the authority entrusted with registration procedures. This does not affect the right of the courts, when hearing actions for proof of ownership, to acceCivil Matters — Volume 11 · Source page
  50. Principle 4348The Real Estate Registration Department is the body addressed concerning the restriction, in establishing ownership upon registration, to records of possession issued by the notary public. Implication thereof. No prejudiCivil Matters — Volume 11 · Source page
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