Kuwait Court of Cassation principle number 51

Existence of a special law. Its effect. No recourse to the provisions of the general law except as to matters not regulated by the special law. Reason therefor. The special legal rule does not repeal the general rules but constitutes an exception thereto, and both continue to operate together, each within its own sphere. - The special legislation on higher education permits university faculty members and teaching assistants appointed at the university who held government posts to retain the last salary they received in their previous posts, even if it exceeds the salary assigned to the post to which they are appointed at the university, while granting them one of its increments, contrary to Civil Service Council Decision No. 6 of 1984, which is general legislation requiring the calculation of a transferred employee’s salary on the basis of the post to which he is transferred, irrespective of his salary in the cadre from which he is transferred. Necessary consequence. The rule contained in the special legislation must be followed. Reason therefor. So that the purpose for which it was laid down is not defeated.