Kuwait Court of Cassation principle number 222

Substantive provisions. They do not apply to facts and legal positions preceding the effective date of the law prescribing them. These are governed by the law in force at the time of their occurrence, whether in their creation, production of effects or extinction. - The new law applies, from its entry into force, with immediate effect to future effects arising from earlier legal positions, in application of the principle of non-retroactivity of laws, unless otherwise provided. The exception: the effects of legal acts concluded under the authority of the old law remain subject to it unless its provisions relate to public policy. - Laws are published in the Official Gazette within two weeks of the day of their issuance and take effect one month after their publication date. This period may be extended or shortened by a provision in the law. Article 178 of the Constitution. - The deceased’s death before the provisions of Law 5/1971 concerning the mandatory bequest took effect. Its effect. Its non-application pursuant to the principle of non-retroactivity of laws. The reason therefor: death is regarded as the event giving rise to the right claimed, irrespective of the date on which the action claiming the right to inheritance was filed. - The rules of the school of Imam Malik which were applied before the enactment of the Mandatory Bequest Law. Their prevailing position contained no mention of that bequest. - The Mandatory Bequest Law. It introduced a rule contrary to the view of the Maliki, Shafi‘i and Hanafi schools and made a bequest mandatory for grandchildren whose fathers or mothers die during the lifetime of their father or mother, and who inherit nothing because of the presence of someone excluding them from inheritance, if no bequest has been made to them, adopting the Hanbali view. - 382 - Procedure Fourth: Interpretation of the Law