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. حق الرهن(التأمينات العينية)

    Principle 4517Pledging money, debts, bearer bonds, and registered bonds and shares. Permissible. - An agreement that the creditor has the right to acquire ownership of the pledged property or sell it without observing the prescribed pCivil Matters — Volume 11 · Source page 890
  2. Principle 4518A pledge of a commercial establishment is not effective against third parties except from the date of its publication. - The pledgee has no right to follow one of the establishment’s components covered by the pledge if tCivil Matters — Volume 11 · Source page 890
  3. Principle 4519A mortgage of a commercial establishment is not effective against third parties except from the date of its public registration. - The mortgagee has no right to follow an element of the establishment covered by the mortgCivil Matters — Volume 11 · Source page 890
  4. Principle 4520The bank administering indebtedness subject to Law 41 of 1993. Its valuation and revaluation of assets pledged as security for indebtedness purchased by the State. The bases it observes in its valuation of shares and bonCivil Matters — Volume 11 · Source page 890
  5. Principle 4521Sale with a right of redemption. It is a sale in which the seller retains the right to recover the thing sold from the buyer in return for repayment of the price. The legislature adopted the practice followed before the Civil Matters — Volume 11 · Source page 890
  6. Principle 4522A formal mortgage is a disposition affecting the mortgaged real property. Its effect: what may not be attached or compulsorily sold at public auction may not be dealt in or be the subject of a formal mortgage contract.Civil Matters — Volume 11 · Source page 891
  7. Principle 4523Impermissibility of attachment of the private residence of the Kuwaiti debtor and his family. The condition for this. That he occupied it before the debt arose. Exceptions thereto. - The appellant's assertion that the moCivil Matters — Volume 11 · Source page 891
  8. Principle 4525An agreement between the mortgagor and the mortgagee creditor that the latter shall acquire ownership of the property mortgaged for the debt at any price, or sell it without observing the legal procedures, in the event oCivil Matters — Volume 11 · Source page 891
  9. Principle 4526Providing housing welfare to those entitled to it. Its purpose. Serving the public interest. Its effect. The Credit and Savings Bank may set the conditions that ensure achievement of this purpose. It may stipulate that tCivil Matters — Volume 11 · Source page 891
  10. Principle 4527Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt's creditors are barred from bringing actions against the bankrupt and taking proceedings against the bankrupt's property, and actions and proceedings Civil Matters — Volume 11 · Source page 892
  11. Principle 4529The conditions specific to the declaration of bankruptcy pursuant to Law 41 of 1993. - The lead bank for the indebtedness undertaking enforcement proceedings against the mortgaged assets. A discretionary power which it mCivil Matters — Volume 11 · Source page 892
  12. Principle 4530A sale with a right of redemption is the seller’s reservation, at the time of sale, of the right to recover the thing sold in return for repayment of the price and expenses. Its import. The contract is deemed a loan secuCivil Matters — Volume 11 · Source page 892
  13. Principle 4531Continuation of a mortgage granted by an owner whose title has been declared invalid, rescinded, or extinguished, in favor of a mortgagee acting in good faith at the time the mortgage was concluded. Its condition. The moCivil Matters — Volume 11 · Source page 893
  14. Principle 4533The respondents' request for cancellation and ineffectiveness of the real estate mortgage against the Undersecretary of the Ministry of Justice for Real Estate Registration and Authentication Affairs in his official capaCivil Matters — Volume 11 · Source page 893
  15. Principle 4534The mortgage creditor’s reliance on his good faith. Its condition. The mortgaged real property must be owned by the debtor. Absence of that. Its effect. He may not rely on good faith. An example concerning the challengedCivil Matters — Volume 11 · Source page 893
  16. Principle 4535All the customer's assets secure repayment of the indebtedness. In collecting it, the State has priority over unsecured creditors if their debts did not have an authenticated date before 2/8/1990. A disposition by the cuCivil Matters — Volume 11 · Source page 894
  17. Principle 4536Every right in rem over immovable property, whether it is a principal right in rem such as ownership or an accessory right in rem such as a formal mortgage, is considered immovable property. These rights in rem over immoCivil Matters — Volume 11 · Source page 894
  18. Principle 4537The mortgagee. His reliance on his good faith. Its condition. The mortgaged property must be owned by the debtor. - Sale with a right of redemption. What is required therein. The seller’s retention of the right to recoveCivil Matters — Volume 11 · Source page 894
  19. Principle 4538Indivisibility of the mortgage. Its implication. Every part of the mortgaged property or properties secures the entire debt, and every part of the debt is secured by all the mortgaged property or properties. The implicatCivil Matters — Volume 11 · Source page 894
  20. Principle 4539A formal mortgage. A disposition affecting the mortgaged immovable property. Its effect. Enabling the mortgagee creditor, upon non-payment of his claim, to enforce against the mortgaged property and sell it by public aucCivil Matters — Volume 11 · Source page 895
  21. Principle 4540A sale with a right of redemption is the seller’s retention, for a specified period, of the right to recover the thing sold from the purchaser in return for repayment to him of the price and sale expenses. Its implicatioCivil Matters — Volume 11 · Source page 895
  22. Principle 4541A mortgage. A right in rem that may not be the subject of an assignment of rights, which applies only to personal rights; however, like all securities for a personal right, it follows that right and passes with it where Civil Matters — Volume 11 · Source page 895
  23. Principle 4542The private dwelling necessary for the residence of a Kuwaiti debtor and their family may not be attached. The conditions for this: proof that the debtor occupied the property as a private dwelling for themselves and theCivil Matters — Volume 11 · Source page 896
  24. Principle 4543The loan granted by the Credit and Savings Bank to beneficiaries of government plots to construct housing thereon. Guaranteed by the government until the date the title deed is issued to the borrower. The bank's failure Civil Matters — Volume 11 · Source page 896

  25. شرط المنع من التصرف

    Principle 4544The holder of mortgaged immovable property. Payment by that holder of the secured debt or part thereof to the mortgage creditor. Its effect. Subrogation to all that creditor's rights against the debtor to the extent of tCivil Matters — Volume 11 · Source page 896

  26. نزع الملكية للمنفعة العامة والاستيلاء المؤقت والاستملاك

    Principle 4546Compensation for expropriation of the disposed-of real property. Establishment of the validity and enforceability of the disposition. Permissibility of paying the compensation to the transferee rather than the transferorCivil Matters — Volume 11 · Source page 897
  27. Principle 4547The Objections Committee constituted pursuant to Expropriation Law No. 33/1963. Its exclusive jurisdiction considers interested parties’ objections to the lists of expropriated properties.Civil Matters — Volume 11 · Source page 897
  28. Principle 4548Expropriation. The basis on which the Municipality undertook it before promulgation of the Constitution. The State's delay in implementing the public-benefit project on expropriated land does not cause the consumed real Civil Matters — Volume 11 · Source page 897
  29. Principle 4549Application of the provisions of Law 33 of 1964 to properties included in public-benefit projects before its entry into force. Its criterion. Compensation in respect thereof must not have become final at the time of its Civil Matters — Volume 11 · Source page 897
  30. Principle 4550Law 33 of 1964. Its provisions apply to properties included in public-benefit projects in respect of which the assessment of compensation had not become final. - 897 - OwnershipCivil Matters — Volume 11 · Source page 897
  31. Principle 4551Rules governing evidentiary procedures under the former Code of Procedure. Their connection with public policy. They must be applied to all actions pending when they take effect or brought after that Code enters into forCivil Matters — Volume 11 · Source page 898
  32. Principle 4552Expropriation of immovable property for public benefit before the promulgation of the Constitution. Its nature. - Cessation of the status of public property in respect of this immovable property. Its condition. CessationCivil Matters — Volume 11 · Source page 898
  33. Principle 4553Expropriation of real property is an in rem procedure directed at the property regardless of its owner's name. Removal of the property from the sphere of dealings as a result of its expropriation. Registration of the proCivil Matters — Volume 11 · Source page 898
  34. Principle 4555Sale of another's property. It is not effective against the owner unless he ratifies it. He may recover the thing sold from the purchaser, whether acting in good faith or bad faith. - If the thing sold is expropriated frCivil Matters — Volume 11 · Source page 898
  35. Principle 4556Private property. It may be expropriated at its true value for public benefit without its owner's consent. Article 1216 of the Majalla of Judicial Provisions.Civil Matters — Volume 11 · Source page 898
  36. Principle 4557The municipality's seizure of an immovable property otherwise than through legal procedures. Its nature. Its obligation to compensate the owner for the entire damage as valued at the time the judgment is issued. The reasCivil Matters — Volume 11 · Source page
  37. Principle 4558Expropriation for public benefit. Law 33 of 1964. Its effect. Holders of rights in rem over the expropriated property. Transfer of their rights to the value of the compensation paid for it.Civil Matters — Volume 11 · Source page
  38. Principle 4559A sale to which no third-party right attaches and which is ordinary as to options. Upon its conclusion, it gives rise to all obligations arising from a sale contract. Neither party may withdraw from it. The buyer's takinCivil Matters — Volume 11 · Source page
  39. Principle 4560The State's seizure of an individual's immovable property without taking expropriation procedures. It is deemed a usurpation entailing its liability for compensation. Issuance and publication of a decision declaring publCivil Matters — Volume 11 · Source page
  40. Principle 4561Prior issuance of a decision expropriating the remainder of a boat basin for public benefit and observance of the procedures concerning it. Subsequent objection to the assessment of compensation. Jurisdiction over it. ItCivil Matters — Volume 11 · Source page
  41. Principle 4563Seizure of real property by the administration otherwise than through the lawful procedure. Assessment of compensation according to the value it has reached when judgment is issued. Basis thereof. - 899 - OwnershipCivil Matters — Volume 11 · Source page
  42. Principle 4564Destruction of the thing sold before delivery and before formal notice to the purchaser. The risk lies with the seller. Ownership of real property does not pass except upon delivery. Automatic rescission of the sale and Civil Matters — Volume 11 · Source page
  43. Principle 4565A decision to expropriate real property renders performance of the seller’s obligation to transfer its ownership impossible. Automatic dissolution of the sale contract.Civil Matters — Volume 11 · Source page
  44. Principle 4566Expropriation of property and its appropriation for public benefit without following legal procedures. Usurpation. Full compensation therefor is required. The meaning of full compensation.Civil Matters — Volume 11 · Source page
  45. Principle 4567Expropriation for public benefit. An in rem procedure directed at the property regardless of its owner’s name. As soon as the decision is issued and publicized and the registration authority is notified of its issuance, Civil Matters — Volume 11 · Source page
  46. Principle 4568Expropriation for public benefit was exercised by the Municipality before the Constitution on the basis of Article 1216 of the Majalla of Judicial Rules. Law No. 33/1964 currently regulates this matter. - Ascertaining thCivil Matters — Volume 11 · Source page
  47. Principle 4569Taking possession of real property without following the legal procedure. Usurpation. Compensation for it shall be in the amount of its value at the time of judgment.Civil Matters — Volume 11 · Source page
  48. Principle 4570Expropriation. An in rem procedure affecting the property itself, with the rights of interested parties therein transferring to the consideration representing its assessed value. - 900 - OwnershipCivil Matters — Volume 11 · Source page
  49. Principle 4571Expropriation and temporary requisition procedures. Their being surrounded by sufficient safeguards securing the public interest and the rights of property owners. Valuation committees and the right to object, Articles 6Civil Matters — Volume 11 · Source page
  50. Principle 4572Judicial jurisdiction. In principle, it lies with the ordinary judiciary. The jurisdiction of the Committee for Objections to Expropriation is exceptional and must be confined to its limited scope. A dispute concerning tCivil Matters — Volume 11 · Source page
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