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
Search this collectionملكية العقار المحجوز عليه ودعوى الاستحقاق الفرعية
Principle 4641An incidental ownership action. It is an action brought by a third party during enforcement proceedings seeking recognition of ownership of all or part of real property and, consequently, invalidation of the enforcement Civil Matters — Volume 11 · Source page 917- Principle 4642An incidental action claiming ownership. Its nature. Its basis is ownership of the attached immovable property under a registered contract, by long possession conferring ownership by prescription, or by any method of acqCivil Matters — Volume 11 · Source page 917
الملكية الفكرية وملكية العلامة التجارية
Principle 4643Possessory actions which may not be combined with a claim to the right. Their nature. Actions for continuation of possession, prevention of interference, and cessation of new works. An action seeking entitlement to attacCivil Matters — Volume 11 · Source page 917- Principle 4644Registration of a trademark. A rebuttable presumption of ownership of the mark. The implication of this. The burden of proving its ownership falls on whoever disputes the registrant's ownership of it.Civil Matters — Volume 11 · Source page 917
- Principle 4645The World Trade Organization Agreement and the Intellectual Property Agreement are among the agreements falling within the foregoing. The import thereof: for them to enter into force, they must be issued by a law, which Civil Matters — Volume 11 · Source page 917
- Principle 4646Kuwait's accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Its import. The proviCivil Matters — Volume 11 · Source page 918
ملكية الوكيل المسخر
Principle 4648Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value or type, the purpose of their authorship or their manner of expression. Article 1, Law 6Civil Matters — Volume 11 · Source page 918- Principle 4650The rule that possession of movable property constitutes title. The Kuwaiti legislature's failure to adopt it without qualification. Its specification of its conditions and effects and the conditions of proof thereunder.Civil Matters — Volume 11 · Source page 919
- Principle 4651The owner of a movable, if it is lost or stolen, may recover it from a person who possessed it under valid title in good faith within three years from the date of loss or theft. The general rule is recovery without paymeCivil Matters — Volume 11 · Source page 919
- Principle 4652The general rule is that fruits belong to the owner or the person having the right of usufruct over the thing. The exception. The right of a possessor in good faith to the fruits collected and the benefit obtained. The pCivil Matters — Volume 11 · Source page 919
- Principle 4653Possession of a movable pursuant to a valid cause, in that the disposition capable of transferring ownership to the possessor was made by a non-owner in good faith who believes that he received the right from an owner. OCivil Matters — Volume 11 · Source page 920
PreviousPage 83 of 83