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. نزع الملكية للمنفعة العامة والاستيلاء المؤقت والاستملاك

    Principle 4573Objections submitted by an interested party to expropriation inventory lists and disputes over the assessment of compensation and expropriation procedures. The Objections Committee has jurisdiction to hear them.Civil Matters — Volume 11 · Source page 901
  2. Principle 4574Expropriation of real property for public benefit. Its effect. Transfer of the rights of interested parties holding a right in rem over it to the amount of compensation payable for it, and they may not seek a declarationCivil Matters — Volume 11 · Source page 901
  3. Principle 4575The administration’s seizure of real property for allocation to public benefit without taking expropriation procedures. Its effect. It is considered usurpation giving rise to its liability for compensation.Civil Matters — Volume 11 · Source page 901
  4. Principle 4576Law No. 131/1986. The purpose of its enactment. Settling the status of properties in respect of which acquisition instruments were issued but no expropriation decision was issued before its provisions entered into force,Civil Matters — Volume 11 · Source page 901
  5. Principle 4577The general rule is that the courts have general jurisdiction to hear all disputes. Except those excluded by an express provision. - The jurisdiction of the Objections Committee. Its scope. Article 17 of Law 33 of 1964 cCivil Matters — Volume 11 · Source page 901
  6. Principle 4578Compensation for expropriation is paid to owners and holders of rights. Law 33 of 1964. - Issuance of Law 5 of 1959 concerning Real Estate Registration. Its effect on contracts of dispositions creating principal rights. Civil Matters — Volume 11 · Source page 902
  7. Principle 4579An expropriation decision for public benefit before the promulgation of Registration Law 5 of 1959. Its registration is not required for ownership to pass to the State. The procedures necessary for that. Delay in registrCivil Matters — Volume 11 · Source page 902
  8. Principle 4580Expropriation 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 exerciCivil Matters — Volume 11 · Source page 902
  9. Principle 4581The administration’s seizure of real property to achieve public benefit without taking expropriation procedures. Its effect. It is deemed usurpation giving rise to its liability for compensation. - Owners opening roads oCivil Matters — Volume 11 · Source page 902
  10. Principle 4585Expropriation of real estate for public benefit. It does not fall within commercial activities, and the municipality pursues through it speculation or the intention to make a profit. It is considered a civil act governedCivil Matters — Volume 11 · Source page 903
  11. Principle 4586The claimant’s incorrect characterization of his action. Does not bind the judge. Example concerning a demand for payment of compensation for expropriation of real property and deprivation of the use of the value of its Civil Matters — Volume 11 · Source page 903
  12. Principle 4588Expropriation for public benefit. An in rem procedure affecting the immovable property itself regardless of its owner's name, transferring the rights of interested parties to its value in exchange for its valuation.Civil Matters — Volume 11 · Source page 904
  13. Principle 4590Expropriation for benefit. An in rem procedure. Its effect. Removal of the property from the sphere of dealings upon issuance of the expropriation decision and notification of its issuance to the real estate registrationCivil Matters — Volume 11 · Source page 904
  14. Principle 4591The administration’s appropriation of immovable property for public use without following the legal procedures. Usurpation. Entails its liability for compensation.Civil Matters — Volume 11 · Source page 904
  15. Principle 4592The provisions of Decree-Law No. 131/1986 concerning the expropriation of properties in respect of which acquisition instruments have been issued and properties in respect of which decisions for acquisition and exchange Civil Matters — Volume 11 · Source page 904
  16. Principle 4593The Municipality's obligation to pay expropriation compensation to those entitled to it. Its subject matter. Is payment of a sum of money, and its source is the law. The Municipality's delay in fulfilling this obligationCivil Matters — Volume 11 · Source page 905
  17. Principle 4594Seizure of real property otherwise than by the legal procedure. Its effect. The property owner is regarded as a person injured by an unlawful act. - The administration's carrying out the seizure. Its obligation to make fCivil Matters — Volume 11 · Source page 905
  18. Principle 4595Private property. Its protection is one of the fundamental pillars of society. The necessary consequence. No person may be deprived of his property except for public benefit, in the cases specified by law and in the mannCivil Matters — Volume 11 · Source page 905
  19. Principle 4597The purchaser of real property. A successor by particular title to the seller. The effect of this. He has the right to seek compensation for the usurpation of the property. - The Municipality's seizure of the land in disCivil Matters — Volume 11 · Source page 905
  20. Principle 4599The general rule is that the administration compensates a person whose real property has been seized for allocation to public use without taking the procedures relating to expropriation. The basis thereof. Usurpation givCivil Matters — Volume 11 · Source page 906
  21. Principle 4601The administration’s seizure of real property to allocate it to public use without taking the expropriation procedures stipulated in Law 33 of 1964. The property does not acquire the status of public property because theCivil Matters — Volume 11 · Source page 907
  22. Principle 4602The administration's seizure of immovable property to allocate it for public benefit without undertaking expropriation procedures. Usurpation. Its effect. Its liability for compensation and the non-transfer of ownership Civil Matters — Volume 11 · Source page 907
  23. Principle 4605Adherence, in assessing compensation, to the assessments of the Official Valuation Committee. Its criterion. Cases of expropriation and exchange, under the conditions and in the manner prescribed by law. The administratiCivil Matters — Volume 11 · Source page 907
  24. Principle 4606The administration's seizure of real property to allocate it to public use without taking the legal expropriation procedures. A usurpation giving rise to its liability for compensation. - Landowners' granting roads throuCivil Matters — Volume 11 · Source page 908
  25. Principle 4608Assessment of the value of the disputed land at the amount assessed by the expert as compensation for the municipality’s seizure of it. Its inclusion of the value of the loss sustained by the respondent and the profit heCivil Matters — Volume 11 · Source page 908
  26. Principle 4609Expropriation for public benefit. An in rem procedure affecting the property itself, regardless of its owner.Civil Matters — Volume 11 · Source page 908
  27. Principle 4610Jurisdiction of the Objections Committee provided for in the Expropriation and Temporary Requisition Law. Limited to objections by interested parties to the contents of the inventory lists of expropriated properties regaCivil Matters — Volume 11 · Source page 908
  28. Principle 4611The legislature surrounded expropriation procedures with sufficient safeguards that achieve the public interest and preserve the rights of the owners of properties covered by those procedures. Valuation of the property tCivil Matters — Volume 11 · Source page 909
  29. Principle 4614Compensation assessed for expropriated property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over immovable property, including the right of ownershiCivil Matters — Volume 11 · Source page 909
  30. Principle 4615A claim to ownership of real estate or land previously subjected to planning, expropriated or utilized by the State for public benefit, or a claim for compensation due for this seizure under the provisions of Law No. 33 Civil Matters — Volume 11 · Source page 910
  31. Principle 4617Properties or lands previously subjected to planning. Claims of ownership thereof by individuals. The condition for their admissibility. The persons claiming ownership must submit their claim accompanied by the documentsCivil Matters — Volume 11 · Source page 910
  32. Principle 4618The administration's seizure of real estate for allocation to public benefit without taking the procedures required by law for expropriation. Usurpation. Its effect. Its liability for compensation in accordance with the Civil Matters — Volume 11 · Source page 910
  33. Principle 4620Inadmissibility of any claim to real property or land previously planned, exploited, or expropriated by the State for public benefit where the persons concerned did not submit to the competent authorities the instrumentsCivil Matters — Volume 11 · Source page 911
  34. Principle 4621Enactment of Law 5 of 2005 concerning Kuwait Municipality and its separation of the chairmanship of the Municipal Council from the headship of the Municipality’s executive body. Its necessary consequence. Certain articleCivil Matters — Volume 11 · Source page 911
  35. Principle 4622Private ownership. Its protection is one of the fundamental pillars of society. The necessary consequence thereof. No person may be deprived of their property except for public benefit, in the cases specified by law and Civil Matters — Volume 11 · Source page 911
  36. Principle 4624The Expropriation Department's delay in implementing the exchange procedures. Establishment that, when the right to compensation for the delay arose, it was subordinate to the Municipal Council, one of the two organs of Civil Matters — Volume 11 · Source page
  37. Principle 4625Fault as an element of civil liability, whether tortious or contractual. Its meaning extends equally to intentional and unintentional acts. - Establishment that the date of expropriation and valuation of the property, asCivil Matters — Volume 11 · Source page
  38. Principle 4626Expropriation for public benefit. An in rem procedure directed at the property itself, regardless of its owner’s name. Its import. The property ceases to be capable of being dealt in upon the issuance and publication of Civil Matters — Volume 11 · Source page
  39. Principle 4627Expropriation and temporary seizure of real property. Their effect. Compensation for the expropriated property must be paid to the owners and holders of rights. Law 33/1964 concerning expropriation. - Contracts of disposCivil Matters — Volume 11 · Source page
  40. Principle 4628Property that becomes public property merely by being allocated to public benefit is property of the State and public legal persons, not property of individuals. - 913 - Ownership - Property of individuals does not becomCivil Matters — Volume 11 · Source page
  41. Principle 4629Owners opening roads on their private land with the intention of improving it. When compensation is due for them upon their acquisition by expropriation. Construction Council decision: this does not conflict with the ConCivil Matters — Volume 11 · Source page
  42. Principle 4630The allegation that a road exists 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 required to acquire ownerCivil Matters — Volume 11 · Source page
  43. Principle 4631The mere existence of a road on the disputed land does not in itself constitute proof of the State’s ownership thereof. Reason therefor. Use of privately owned land as a thoroughfare does not alone dedicate it to public Civil Matters — Volume 11 · Source page
  44. Principle 4632The right of a newspaper's owner or operator to assign it to another. Its condition. Approval of the Publications and Publishing Department. Its implication: separation between ownership of the newspaper and its operatioCivil Matters — Volume 11 · Source page
  45. Principle 4633Ownership of real property in the State of Kuwait. Restricted exclusively to Kuwaitis. Prohibition on its ownership by other individuals or companies. The effect thereof. A contract concluded by a non-Kuwaiti is absoluteCivil Matters — Volume 11 · Source page
  46. Principle 4634An easement is a burden on an immovable property for the benefit of another immovable property owned by someone other than the owner of the first property, and it limits the enjoyment of the servient property for the benCivil Matters — Volume 11 · Source page
  47. Principle 4635Properties privately owned by the State. Their exploitation may take place only pursuant to a lease contract or a temporary licence to use, evidenced in writing and specifying the rights and obligations of both parties aCivil Matters — Volume 11 · Source page
  48. Principle 4636Prohibition on ownership of real property by non-Kuwaitis. Exception. Being an Arab belonging by nationality to an Arab country. Condition: issuance of a decree granting him this right. Contravention thereof. Effect. TheCivil Matters — Volume 11 · Source page
  49. Principle 4637Financial shares bearing their owner’s name. Establishment of their ownership and their transfer. Method thereof: By entry in a register that the company issuing these shares must maintain. Rationale thereof.Civil Matters — Volume 11 · Source page
  50. Principle 4639Transfer of ownership of company shares. Its condition. Their registration in the shareholders' register and with the company by the competent employee in the presence of the transferor and transferee. The reason therefoCivil Matters — Volume 11 · Source page
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