Kuwait Court of Cassation principle number 613

Disregarding the special law to apply the general law. Impermissible except in respect of provisions omitted by the special law. The reason therefor. - Special legislation. An exception to the law preceding it, limiting the generality of its provisions, thus restricting and repealing them insofar as it specifically provides. - Establishment that the disposition by the appellants' predecessor, who was subject to Law 41 of 1993 concerning the State's Purchase of Certain Debts, of his inherited share was made in favor of a relative up to the second degree under the contract dated 21/3/1998. Its consequence: its ineffectiveness against the State because it was made after 2/8/1990. Article 12 of the said Law. It is impermissible to invoke the forfeiture prescribed in Article 589 of the Commercial Code or the special conditions laid down by that Code in Article 584 for a disposition during the suspect period to be effective against the body of creditors. Reason: the action was not brought on its basis but under the provisions of Law 41 of 1993, applicable to the facts of the litigation. The challenged - 472 - Procedure judgment's conclusion to that effect is correct. Eighth- Miscellaneous matters:-