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. أملاك الدولة

    Principle 4412Subletting an industrial plot to a company of Kuwaiti nationality to exploit it for the same purpose for which the plot was allocated. Its effect. Ordering its eviction despite the lawfulness of its basis for enjoyment. Civil Matters — Volume 11 · Source page 868
  2. Principle 4413Assignment by the original lessee to a third party of the lease granted to him by the State. Its nature is an assignment of a right and a transfer of a debt. The assignee is considered the assignor’s successor in his rigCivil Matters — Volume 11 · Source page 868
  3. Principle 4414Lands situated outside the planning boundary indicated in Law No. 18/1969 and the plans accompanying it. Owned by the State.Civil Matters — Volume 11 · Source page 868
  4. Principle 4415State private property within or outside the planning boundary: taking possession thereof with the intention of acquiring ownership or disposing thereof. Impermissible. Excepted therefrom is State private property withinCivil Matters — Volume 11 · Source page 868
  5. Principle 4416The criterion for distinguishing between the State's public property and its private property is the allocation of the former to public benefit.Civil Matters — Volume 11 · Source page 868
  6. Principle 4417Public property is that allocated for a public benefit. Allocation is either factual or formal. The allocation of private property for a public benefit must pass through two stages. The first is the State's acquisition oCivil Matters — Volume 11 · Source page 868
  7. Principle 4418Land owned by individuals does not become a public road until its ownership has been transferred to the State and it is then allocated.Civil Matters — Volume 11 · Source page 869
  8. Principle 4420Prohibition on taking possession of State property without prior permission from the competent administrative authority. The prohibition encompasses State property outside and inside the general planning boundary. ExceptCivil Matters — Volume 11 · Source page 869
  9. Principle 4421The State’s private property inside or outside the original planning boundary. The prohibition on taking possession of it with the intent to acquire ownership of it, dispose of it, possess it, or benefit from it without Civil Matters — Volume 11 · Source page 869
  10. Principle 4422State properties inside and outside the planning boundary. The general rule. Prohibition on taking possession of them with the intention of acquiring ownership, disposing of them, possessing them, or benefiting from themCivil Matters — Volume 11 · Source page 869
  11. Principle 4423The State’s right of removal by administrative means. Is confined to interference with or encroachment upon its property, either of which constitutes usurpation. - 869 - OwnershipCivil Matters — Volume 11 · Source page 869
  12. Principle 4424Protection of State property within and outside the planning boundary by prohibiting taking possession of it with intent to acquire ownership, disposing of it, attaching it, possessing it, or benefiting from it without pCivil Matters — Volume 11 · Source page 870
  13. Principle 4425Property becoming public merely by its actual allocation to public benefit. This is confined to property owned by the State or public juridical persons, to the exclusion of individuals’ property.Civil Matters — Volume 11 · Source page 870
  14. Principle 4426Lands situated outside the general planning boundary. Are regarded as State property, and ownership thereof may not be claimed. Ownership thereof may be claimed in the two cases provided for in Article Two of Law 5/1975.Civil Matters — Volume 11 · Source page 870
  15. Principle 4427The lands situated south of the Fifth Ring Road, the village of Jahra, and Failaka Island are considered within the boundaries of private ownership, and individuals may claim ownership of them and submit evidence thereofCivil Matters — Volume 11 · Source page 870
  16. Principle 4428Property that becomes public property merely by being dedicated to public benefit is the property of the State and public legal persons, not the property of individuals. - Individuals’ property does not become public proCivil Matters — Volume 11 · Source page 871
  17. Principle 4429The State's private property within or outside the planning boundary. Taking possession thereof with the intention of acquiring ownership or disposing thereof. Impermissible.Civil Matters — Volume 11 · Source page 871
  18. Principle 4430Property that becomes public property merely by its actual dedication to public benefit is property owned by the State or public persons. Individuals’ property.Civil Matters — Volume 11 · Source page 871
  19. Principle 4431State-owned industrial plots. They are not considered public property but are part of the State’s private property. The consequence thereof: contracts concluded by the State concerning them are not administrative contracCivil Matters — Volume 11 · Source page 871
  20. Principle 4432Lands situated within the planning boundary south of the Fifth Ring Road or in the village of Jahra or on Failaka Island are considered private property of the State and individuals alike. Individuals may adduce evidenceCivil Matters — Volume 11 · Source page 871
  21. Principle 4433The State’s delay in implementing public-benefit projects does not cause immovable property expropriated for allocation thereto to lose its status as public property. Reason therefor.Civil Matters — Volume 11 · Source page 872
  22. Principle 4434Expropriation for public benefit before the promulgation of the Constitution. The source of the Municipality’s right to exercise it, its procedures and grievances against it. Law No. 33/84 regulated the manner of exercisCivil Matters — Volume 11 · Source page 872
  23. Principle 4435Property that becomes public property merely by being allocated as such. Its nature. - Property of individuals allocated for public benefit. What is required for it to become public property. Example concerning the municCivil Matters — Volume 11 · Source page 872
  24. Principle 4437An allegation that a road exists on the land does not constitute evidence of the State's ownership thereof. - Use of privately owned land as a thoroughfare. Does not, by itself, allocate it to public benefit and render iCivil Matters — Volume 11 · Source page 872
  25. Principle 4438Lands situated within the planning lines south of the Fifth Ring Road, Jahra village within plan B/520, and Failaka Island within plan M/32689 are lands falling within the boundaries of private ownership unless it is estCivil Matters — Volume 11 · Source page 873
  26. Principle 4439The addressee of the provisions of Articles 13, 14 of Law 5/1959 is the authority entrusted with registration procedures; it alone is bound, when registering instruments, by what is contained therein and by the evidence Civil Matters — Volume 11 · Source page 873
  27. Principle 4440All land within the planning lines south of the Fifth Circle, Jahra Village and Failaka Island is regarded in principle as privately owned, except what is proved to be owned by the State. Individuals may claim ownership Civil Matters — Volume 11 · Source page 873
  28. Principle 4441Land situated within planning boundaries. The principle is that it falls within private ownership, except for what is proven to be owned by the State. Individuals claiming ownership thereof. Permissible. Condition thereoCivil Matters — Volume 11 · Source page 873
  29. Principle 4442The State’s private property. May lie within the general planning boundary. - 873 - OwnershipCivil Matters — Volume 11 · Source page 873
  30. Principle 4443Prohibition on taking possession of State property within or outside the general planning boundary. The reason for this. The exception. Awarding special grants to persons asserting ownership claims subject to specified cCivil Matters — Volume 11 · Source page 874
  31. Principle 4444The unqualified assertion that lands situated within the planning boundary south of the fifth circle are State property. It has no basis in law. The Municipality must establish proof thereof. The effect of its failure toCivil Matters — Volume 11 · Source page 874
  32. Principle 4445Lands situated south of the Fifth Ring Road, Jahra village and Failaka Island within the designated plans. Private property except for such land as is proven to be owned by the State. Its implication. Individuals may ownCivil Matters — Volume 11 · Source page 874
  33. Principle 4446The State's ownership of immovable property having no owner pursuant to Article 878 of the Civil Code. The scope of application of this rule.Civil Matters — Volume 11 · Source page 874
  34. Principle 4447State property within and outside the general planning boundary. The general rule. Individuals are prohibited from taking possession thereof. What falls outside this rule. An exception. - The provisions of Articles 13, 1Civil Matters — Volume 11 · Source page 874
  35. Principle 4448The obligation to protect State property outside the general planning boundary. Its implication. Individuals' claims of ownership within this boundary. Their falling outside the scope of the provisions of Law No. 18 of 1Civil Matters — Volume 11 · Source page 874
  36. Principle 4449Property that becomes public property merely by being allocated for public benefit. Among property owned by the State or public juridical persons. Property of individuals. It does not acquire the status of public propertCivil Matters — Volume 11 · Source page
  37. Principle 4450State-owned industrial plots are not considered public property. The effect thereof.Civil Matters — Volume 11 · Source page
  38. Principle 4451The bank managing indebtedness subject to Law 41 of 1993. The assets under its management. Their ownership passes to the State as private property. Its decisions concerning them. They are not administrative decisions. ThCivil Matters — Volume 11 · Source page
  39. Principle 4452The administration’s seizure of real property to allocate it to public benefit without taking the expropriation procedures prescribed in Law 33 of 1964. The property does not acquire the character of public property becaCivil Matters — Volume 11 · Source page
  40. Principle 4453Property that becomes public property merely upon its allocation for public benefit. Its nature. Property owned by the State and public legal persons. Other property belonging to individuals does not acquire the status oCivil Matters — Volume 11 · Source page
  41. Principle 4454Issuance of a decision expropriating real property for public benefit. Its implication. Its inclusion in the State's public property and removal from the sphere of transactions. A person holding a right in rem over it haCivil Matters — Volume 11 · Source page
  42. Principle 4455Alleging the existence of a road on the land. Is not evidence of the State’s ownership of it and its classification as public property. Continuation of this use as a thoroughfare for the period necessary to acquire ownerCivil Matters — Volume 11 · Source page
  43. Principle 4456Allocation of property to public use. Its effect. Its becoming public property if owned by the State or a public juridical person. Individuals' property is not regarded as such unless the State acquires it by any of the Civil Matters — Volume 11 · Source page
  44. Principle 4457Obtaining a title deed. Its condition. That the land be within the city improvement plan or directly adjoining the houses of one of the known villages. Application of the provisions governing private ownership to these lCivil Matters — Volume 11 · Source page
  45. Principle 4458Industrial plots. Part of the State's private property. Contracts concluded by the State in respect thereof are not administrative contracts. The effect thereof: the Administrative Circuit lacks jurisdiction to hear dispCivil Matters — Volume 11 · Source page
  46. Principle 4459The existence of land not previously owned by any 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 plannCivil Matters — Volume 11 · Source page
  47. Principle 4460Establishment of the Audit Bureau. Its purpose: achieving effective oversight of public funds.Civil Matters — Volume 11 · Source page
  48. Principle 4461The distinction between property publicly owned by the State and its private property. Its criterion: dedication of the former to public benefit. Houses allocated for housing welfare are part of the State's private propeCivil Matters — Volume 11 · Source page
  49. Principle 4462Exploitation of immovable property privately owned by the State. Effected under a lease or temporary license to use, recorded in writing and specifying the parties’ rights and obligations and the essential conditions thaCivil Matters — Volume 11 · Source page
  50. Principle 4463The role of the competent minister—the Minister of Commerce and Industry in the present appeal—is limited to issuing the licensing decision for industrial plots. The entity entrusted with concluding contracts and collectCivil Matters — Volume 11 · Source page
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