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 4464State-owned industrial plots. They are not considered public property. Reason therefor. Their lack of the element of dedication to public benefit. Their classification as the State's private property. Implication thereofCivil Matters — Volume 11 · Source page 878
  2. Principle 4465Law 78 of 1986 amending Law 18 of 1969 concerning the delimitation of State property outside the planning boundary retaining the seven plots specified by item (c) of the first paragraph of Article One within their ownersCivil Matters — Volume 11 · Source page 878
  3. Principle 4466Lands situated within the seven plots or those similar thereto specified in item (c) of the first paragraph of Article One of Law 18 of 1969, as amended by Law 78 of 1986. Their remaining in their owners' ownership despiCivil Matters — Volume 11 · Source page 878
  4. Principle 4467The mere existence of a road on the disputed land does not in itself constitute evidence of the State's ownership of it. The reason for this. The use of privately owned land as a thoroughfare does not alone allocate it tCivil Matters — Volume 11 · Source page 879
  5. Principle 4468The Ministry of Finance. It is the authority competent to administer the State's private property and has standing in respect of its exploitation. Article 2 of Law 105 of 1980 concerning the State Property Regime. A compCivil Matters — Volume 11 · Source page 879
  6. Principle 4469The general rule is that the plaintiff estimates the value of the disputed real estate in the action he brings concerning it. Actions subject to the provisions of Law No. 33 of 2000 concerning Claims to Ownership of StatCivil Matters — Volume 11 · Source page 879
  7. Principle 4470The actions provided for in Article 1 of Law No. 33 of 2000 concerning claims of ownership of State-owned immovable property. Their value is assessed at the full value of the property forming the subject matter of the acCivil Matters — Volume 11 · Source page 879
  8. Principle 4471The State's ownership of all ownerless real estate. Art. 878, Civil Code. Its application to land that no individual had previously owned before the date this Law came into force, by any means of acquiring ownership, incCivil Matters — Volume 11 · Source page 880
  9. Principle 4472Lands situated within the planning lines south of the Fifth Ring Road, Jahra Village and Failaka Island. They are considered lands within the boundaries of private ownership, except for what is proven to be owned by the Civil Matters — Volume 11 · Source page 880
  10. Principle 4473Property owned by the State or any public legal person and allocated to public benefit in fact or by law is public property. Individuals may not use it except pursuant to a license from the competent administrative authoCivil Matters — Volume 11 · Source page 880
  11. Principle 4474Industrial plots are considered State assets falling within its private ownership. Their subjection to the provisions of private law. Dealings concerning them proceed in the same manner as dealings between individuals. WCivil Matters — Volume 11 · Source page 880
  12. Principle 4475State-owned industrial plots. They are not considered public property because they lack the element of dedication to public benefit, but fall within its private ownership. Contracts concluded by the State concerning themCivil Matters — Volume 11 · Source page 881
  13. Principle 4476Industrial plots. Part of the State's private property. They are subject to the rules of private law, and dealings concerning them follow the pattern of dealings between individuals. The State's approval of assignment byCivil Matters — Volume 11 · Source page 881
  14. Principle 4477Inadmissibility of any action brought concerning land or real property owned by the State as public or private property, inside or outside the general planning boundary, or compensation therefor, unless brought and regisCivil Matters — Volume 11 · Source page 881
  15. Principle 4479The administrative contract. Its nature. Lease contracts concluded by administrative authorities with third parties concerning the State's private property. Are not considered administrative contracts. The reason for thiCivil Matters — Volume 11 · Source page 881

  16. إدعاء ملكية عقارات الدولة

    Principle 4480Real property privately owned by the State. Its exploitation may take place only under a lease or a temporary license for use, evidenced in writing and specifying the rights and obligations of both parties and the essentCivil Matters — Volume 11 · Source page 882
  17. Principle 4481All land within the planning boundaries of the Fifth Ring Road and the village of Jahra. The general rule is that it is private property. The exception. That which is proven to be owned by the State. - Individuals may esCivil Matters — Volume 11 · Source page 882
  18. Principle 4482Land situated within the planning boundaries south of the Fifth Ring Road, Jahra village and Failaka Island is, in principle, privately owned, except for what is proven to be State-owned. Claiming ownership thereof and aCivil Matters — Volume 11 · Source page 882
  19. Principle 4483Taking possession of State property with the intention of acquiring ownership of it, disposing of it, possessing it or benefiting from it without prior permission from the competent administrative authority. The exceptioCivil Matters — Volume 11 · Source page 883
  20. Principle 4484The obligation of the authority entrusted with registering ownership and the administrative committees deciding ownership claims to comply with the provisions of the Real Estate Registration and Ownership Claims Laws doeCivil Matters — Volume 11 · Source page 883
  21. Principle 4485Individuals' claims to ownership of real estate within the general planning boundary and adducing legally permissible evidence thereof. Permissible. The reason therefor.Civil Matters — Volume 11 · Source page 883
  22. Principle 4486Houses provided by the State to accommodate Kuwaiti families entitled to housing welfare are considered the State's private property. They are not dedicated to public use, and, pursuant to Article 21 of the Council of MiCivil Matters — Volume 11 · Source page 883
  23. Principle 4487Sale of another's property. Its voidability. Its effectiveness against the true owner. Its condition. His express or implied ratification. The effect of that ratification. Transfer of ownership to the buyer. - Inferring Civil Matters — Volume 11 · Source page 884
  24. Principle 4488Lands situated within the general planning boundary south of the Fifth Ring Road. The general rule. They are deemed to fall within the limits of private ownership, except for what is established to be owned by the State.Civil Matters — Volume 11 · Source page 884
  25. Principle 4489Lands situated within the planning boundary within the limits of private ownership and not established to be owned by the State. There is no impediment to claiming ownership of them and adducing legally admissible evidenCivil Matters — Volume 11 · Source page 884
  26. Principle 4490Ownership claims in respect of which their holders submitted applications to the Municipality before the issuance of Law 18 of 1969 and which had not been surveyed on plan M/26689. They are deemed the property of their hCivil Matters — Volume 11 · Source page 884
  27. Principle 4491The appellants' insistence that the land in dispute constitutes private property. Its implication. An objection to the challenged judgment for failing to apply the provisions of Decree-Law 58 of 2001, which gave recognitCivil Matters — Volume 11 · Source page 884
  28. Principle 4492Plots surveyed on the plan and situated outside the private ownership boundary of Failaka Island. They remain in the ownership of their owners until ownership is established for them. Its condition. Final judicial judgmeCivil Matters — Volume 11 · Source page 884
  29. Principle 4493Applications asserting ownership which the law stipulates may not be given effect. They are applications submitted after the provisions of Law 33 of 2000 came into force.Civil Matters — Volume 11 · Source page 885
  30. Principle 4494The time limit provided for in Article 1 of Law 33 of 2000 concerning claims of ownership of State-owned lands. Its meaning. - Retroactivity of laws—in matters other than criminal matters—may be established only by law. Civil Matters — Volume 11 · Source page 885
  31. Principle 4495The general rule is that land outside the planning boundary is considered State property. The exception: land situated on Failaka Island remains in the ownership of its owners if they establish their ownership by one of Civil Matters — Volume 11 · Source page 885
  32. Principle 4496The Title Deeds Committee established pursuant to the provisions of Law 18/1969. An administrative committee. Its lack of jurisdiction to ascertain manifestations of physical control as the material element of possessionCivil Matters — Volume 11 · Source page 885
  33. Principle 4497Actions brought pursuant to the provisions of Law 18 of 1969 and Law 5 of 1975, as amended by Law 8 of 1980. Before adjudicating them, an order must be made requiring the claimant to submit a plan issued by an engineerinCivil Matters — Volume 11 · Source page 886
  34. Principle 4498Lands located outside the planning boundary. State property. No individual ownership thereof may be claimed. The exception. Its cases. Art. 2/5 of Law 5 of 1975. Confining the effect of the claim to granting its holder cCivil Matters — Volume 11 · Source page 886
  35. Principle 4499Actions brought pursuant to the provisions of Law 18 of 1969 and Law 5 of 1975, as amended, to establish the ownership, compensation or grants claimed by the persons concerned. The claimant must be required to submit a pCivil Matters — Volume 11 · Source page 886
  36. Principle 4500Compelling a litigant to produce any document in his possession that is material to the case. It is subject to the discretion of the trial judge as it concerns means of proof. Example concerning the claimant's failure toCivil Matters — Volume 11 · Source page
  37. Principle 4501The general planning boundary. All land lying outside it is deemed State-owned. Land within the plan. Considered to lie within the bounds of individuals' private ownership, except for what is established to be owned by tCivil Matters — Volume 11 · Source page
  38. Principle 4502The plea that the action is inadmissible for failure to submit the claim to ownership of the land at the time of planning. Its relation to public policy. It may be raised for the first time before the Court of Cassation,Civil Matters — Volume 11 · Source page
  39. Principle 4503A claim of ownership of real estate or land previously subjected by the State to planning or expropriated for public benefit. The condition for its acceptance. Submission by the interested parties at that time to the comCivil Matters — Volume 11 · Source page
  40. Principle 4504A claim to ownership of State real property or compensation therefor, whether based on an instrument, a document, or possession. It is an action of ascertainable value even if the relief sought is the appointment of an eCivil Matters — Volume 11 · Source page
  41. Principle 4505Claiming ownership of real estate or land previously subjected to planning, expropriated, or utilized by the State for public benefit, or claiming the compensation due for such appropriation under the provisions of Law NCivil Matters — Volume 11 · Source page
  42. Principle 4506Land situated within the boundaries of private ownership, except that proved to be owned by the State. Individuals may claim ownership thereof and adduce legally admissible evidence of it. - 887 - Ownership - Real estateCivil Matters — Volume 11 · Source page
  43. Principle 4507Payment of the fee in full on the basis of the value of the real property in actions brought pursuant to the provisions of Law 33 of 2000 concerning claims to ownership of State real property. An exception to the provisiCivil Matters — Volume 11 · Source page
  44. Principle 4508Actions brought pursuant to Law 33 of 2000 concerning claims to ownership of State-owned real property or compensation therefor. The fee therefor must be paid in full on the basis of the property's value, as an exceptionCivil Matters — Volume 11 · Source page
  45. Principle 4509A formal mortgage or special immovable-property privilege. Its effectiveness against third parties. Its condition. Registration of it or of the judgment establishing it. Third parties here mean an unsecured creditor or tCivil Matters — Volume 11 · Source page
  46. Principle 4511Referral of the debtor to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms does not prevent his creditors from resorting to the ordinary courts to obtain judgmentsCivil Matters — Volume 11 · Source page
  47. Principle 4512Letters of guarantee are banking operations, governed by the rules of the Commercial Code rather than the provisions of the Civil Code concerning possessory pledges or any other provisions.Civil Matters — Volume 11 · Source page
  48. Principle 4513The pledged asset. The creditor may exploit it, deducting the net yield he obtains from the amount secured by the pledge, even if it has not fallen due. The debtor’s contention that the pledged shares generate a profit wCivil Matters — Volume 11 · Source page
  49. Principle 4514Entry of a debt secured by consensual security in a current account. Its effect. It becomes one of its entries, merging with the other entries and resulting in the balance debt. - The pledge securing the debt is not extiCivil Matters — Volume 11 · Source page
  50. Principle 4516Mortgaging another person's property. When it is valid if the owner has not ratified it. From the time when the mortgaged thing becomes owned by the mortgagor. - 889 - OwnershipCivil Matters — Volume 11 · Source page
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