Kuwait Court of Cassation principle number 999

The administrative authority's expression of its will. It is through decisions issued by it on the basis of discretionary power or on the basis of bound power in which it has no freedom of discretion as to granting or withholding. Its decision in this regard is not an administrative decision creating a legal status, but merely an implementing decision declaring the right that the individual derives directly from the law. Its role in this is confined to verifying that the legally required conditions are met by the person concerned. - The interested person's application to substitute compensation in kind for the monetary compensation due for expropriation of a property pursuant to Article 3 of Decree-Law No. 131 of 1986 concerning the Expropriation of Properties in Respect of Which Expropriation Instruments or Municipal Council Decisions for Expropriation and Exchange Have Been Issued. The provision contains only the specification of a particular time limit for submitting the application and completing the exchange pursuant to Article 20/15 of Law No. 15 of 1972 concerning Kuwait Municipality, without granting the administrative authority discretionary power to accept or refuse the exchange. Its effect. Those decisions and their procedures, intended to verify that the conditions are met, lose the characterization of an administrative decision. Its implication. An application for compensation for delay in delivering the compensation in kind prescribed for expropriation. A civil dispute falling within the jurisdiction of - 557 - Procedure the Civil Circuit. 17- Exceptional jurisdiction of the court within whose district the place of performance of a contract agency agreement is located:-