المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. سريانه من حيث الزمان "الأثر الفوري"

    Principle 161Laws relating to limitation. Their application, from their effective date, to every limitation period not yet completed. - The three-month period prescribed in the third paragraph of Article 33 of the former Printing andPleadings — Part One · Source page ٣٦٨
  2. Principle 162Legislation regulating tax assessment procedures. Its relation to public policy. Effect thereof. It may not be contravened. - Provisions of laws and ministerial decisions having equivalent status. In principle, they applPleadings — Part One · Source page ٣٦٨
  3. Principle 163Inadmissibility of any action brought concerning land or real property owned by the State as public or private property, inside or outside the general planning boundary, or compensation therefor, unless it is brought andPleadings — Part One · Source page ٣٦٩
  4. Principle 164Inadmissibility of any claim to real estate or land previously planned, exploited or expropriated for public benefit by the State where the persons concerned did not submit to the competent authorities the instruments anPleadings — Part One · Source page ٣٦٩
  5. Principle 165The new law. Its application from its effective date to legal positions formed after its entry into force, whether in their creation, production of effects or extinction. The fact that these positions are based on facts Pleadings — Part One · Source page ٣٦٩
  6. Principle 166Law 36 of 1964 concerning the regulation of commercial agencies. Its inclusion of the general provisions governing those agencies. Effect thereof. Application of the rule that no unregistered agency is recognised and no Pleadings — Part One · Source page ٣٦٩
  7. Principle 167Provisions of the law. The general rule is that they apply to what occurs from the date of its entry into force, without any effect on legal positions completed before it, unless otherwise provided. The new law's relatioPleadings — Part One · Source page ٣٧٠
  8. Principle 168The Board of Directors of the Central Bank. Its competence to establish rules regulating banking operations that banks may undertake, including granting loans to their customers, in respect of both the maximum limit and Pleadings — Part One · Source page ٣٧٠
  9. Principle 169Provisions of laws and ministerial decisions having equivalent status. They apply only to what occurs from the date they take effect. Implication thereof. A new ministerial decision. It may not be applied to legal relatiPleadings — Part One · Source page ٣٧٠
  10. Principle 170Provisions of laws and instruments having equivalent status, and ministerial decisions. Their application from the date they enter into force. Their effects are not retroactive to matters occurring beforehand. Its implicPleadings — Part One · Source page ٣٧٠
  11. Principle 171The new law. Its application, from its effective date, to legal positions formed after its entry into force, whether as regards their creation, their production of effects, or their termination; it also applies, by virtuPleadings — Part One · Source page ٣٧١

  12. سريان القرار الوزاري المنفذ للقانون من ناحية الزمان

    Principle 172The principle of autonomy of the will governs the relationship between banks and their customers. Its implication: the permissibility of agreeing, in contracts concluded between them, on the interest rate payable on loanPleadings — Part One · Source page ٣٧١

  13. - سريان القانون بأثر رجعي

    Principle 173The legislature’s regulation of commercial agencies relating to ship agents does not affect the rules governing commercial agencies, the manner and grounds of their formation, or the methods of proving it. - Issuance of Pleadings — Part One · Source page ٣٧٢
  14. Principle 174Establishing the retroactivity of a law depends upon a special provision, even if it affects rights nourished by an administrative decision. - Non-retroactivity of an administrative decision even if it is defective throuPleadings — Part One · Source page ٣٧٢
  15. Principle 175Acquired rights. They may be affected only by a law providing for retroactive effect. This is not altered by those rights deriving from regulatory or individual administrative decisions. - Administrative decisions, whethPleadings — Part One · Source page ٣٧٢
  16. Principle 176Application of the law. The general rule is its application with direct effect. Exception. Extension of its provisions to facts and legal positions that arose and were completed before it took effect. Determining the retPleadings — Part One · Source page ٣٧٢
  17. Principle 177Application of laws. The general rule is their application from their effective date. Exception. A law may provide for their application to events occurring before their effective date in matters other than criminal mattPleadings — Part One · Source page ٣٧٣
  18. Principle 178Kuwaiti nationality is withdrawn by decree. Cases of its withdrawal. - A nationality certificate is withdrawn by a Council of Ministers decision. Cases thereof. - Withdrawal of nationality, whether by decree or by a CounPleadings — Part One · Source page ٣٧٣
  19. Principle 179The provisions of a law do not apply retroactively to facts preceding them unless the law so provides.Pleadings — Part One · Source page ٣٧٣

  20. - عدم رجعية القوانين

    Principle 180A foreigner's engagement in commerce in Kuwait. It was prohibited in all its forms. Enactment of Law 45/1989 amending the Commercial Code, which exempted certain forms from the prohibition, with retroactive effect to itsPleadings — Part One · Source page ٣٧٣

  21. سريانه من حيث المكان

    Principle 181The provisions of laws and equivalent regulatory decisions apply only to facts and legal positions arising during the period from their effective date until their repeal. They do not apply retroactively - 373 - Civil ProPleadings — Part One · Source page ٣٧٣
  22. Principle 182Establishment that the husband and wife are Sudanese nationals and that the school of jurisprudence applied in the Republic of Sudan is the school of Imam Malik. Its effect. The divorce pronounced by the husband is subjePleadings — Part One · Source page ٣٧٤
  23. Principle 183A contract with a foreign element. The general rule is that, as regards the substantive conditions for its formation and the effects arising from it, it is subject to the law expressly or impliedly intended by the contraPleadings — Part One · Source page ٣٧٤
  24. Principle 184Disregarding the special law in order to apply the provisions of the general law. Impermissible. The reason therefor. - Subsequent legislation. Its effect. Repeal of the earlier legislation.Pleadings — Part One · Source page ٣٧٤
  25. Principle 185Reliance on a foreign law. Proof of it must be furnished. - 374 - ProcedurePleadings — Part One · Source page ٣٧٤
  26. Principle 186Reliance on foreign legislation before the cassation judiciary. The requirement to establish evidence of it evidence of it before the court of merits.Pleadings — Part One · Source page ٣٧٥
  27. Principle 187It being established that the wife is of Lebanese nationality and of the Druze denomination and that the husband is of Kuwaiti nationality and of the Ja'fari denomination. Divorce between them is governed by the school oPleadings — Part One · Source page ٣٧٥
  28. Principle 188Recourse to the general law is impermissible where a special law exists. Regulation of obligations arising from unlawful acts by Law 6/1961. They must be applied rather than what is contained in the Majalla of Judicial RPleadings — Part One · Source page ٣٧٥
  29. Principle 189A contract involving a foreign element. Subject to the law of the state in which the contracting parties' common domicile is located if they share a domicile. The law of the state in which the contract was concluded applPleadings — Part One · Source page ٣٧٥
  30. Principle 192The law applicable to obligations arising from unlawful acts. The law of the country in which the act giving rise to the obligation occurred. Article 66, Law 5/1961. - Characterization of legal relationships to determinePleadings — Part One · Source page ٣٧٥
  31. Principle 193The law applicable to divorce if both parties to the action are Egyptian. Egyptian Personal Status Law.Pleadings — Part One · Source page ٣٧٦
  32. Principle 194Sharing Kuwaiti nationality and differing in school of jurisprudence. Its consequence. Application of the school of Imam Malik.Pleadings — Part One · Source page ٣٧٦
  33. Principle 195The provisions of Mandatory Bequest Law No. 5 of 1971 are general and indicate that its provisions apply to all Kuwaitis without exception or distinction between adherents of any school of jurisprudence. The rationale thPleadings — Part One · Source page ٣٧٦
  34. Principle 196Spousal maintenance under the Personal Status Law of the Greek Orthodox Patriarchate of Antioch and All the East. Its forfeiture. Establishment of the wife’s rising by a judgment..Pleadings — Part One · Source page ٣٧٦
  35. Principle 197The Civil Service Law is the general law governing civil service provisions in the State. Its coverage of administrative authorities whose service affairs are governed by special laws, therein where no special provision Pleadings — Part One · Source page ٣٧٦
  36. Principle 198Exemption of owners of small establishments from application of the provisions of the Labour Law. What is meant by these establishments. - Assessment of whether an establishment is among those exempted from application oPleadings — Part One · Source page ٣٧٦
  37. Principle 199The scope of the action, as to subject matter and cause, is defined by the claim for employment rights under the Labour Law. There is no basis for applying the provisions of the Civil Code to it.Pleadings — Part One · Source page ٣٧٦
  38. Principle 200The legal regime of foreign companies is governed by the law of the State of their actual principal place of management. - Foreign law is a material fact. The criterion for proving it. - 376 - Civil ProcedurePleadings — Part One · Source page ٣٧٦

  39. المخاطبين بأحكام القانون

    Principle 201Rules of procedure. Their subjection to the law of the country in which the action is brought or the procedures are undertaken. The reason for that. This applies to all disputes, whether domestic or involving a foreign ePleadings — Part One · Source page ٣٧٧
  40. Principle 202Matters for which no provision is made in the Labour Law in the Oil Business Sector are subject to the provisions of the Labour Law in the Private Sector. The absence from the first law of provisions regulating compensatPleadings — Part One · Source page ٣٧٧
  41. Principle 203Law 41/1993. The legislature intended it to address Kuwaitis’ debts in a comprehensive and final manner.Pleadings — Part One · Source page ٣٧٧
  42. Principle 204Non-Kuwaitis hold posts on a temporary and contractual basis. The Civil Service Law applies to them in matters for which no special provision appears in the contracts concluded with them.Pleadings — Part One · Source page ٣٧٧
  43. Principle 205Matters for which no provision is made in the Labour Law in the Oil Business Sector. The provisions of the Labour Law in the Private Sector apply thereto. Example concerning the absence from the Labour Law in the Oil SecPleadings — Part One · Source page ٣٧٧
  44. Principle 206Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection, as amended. The legislature’s intent therefrom.Pleadings — Part One · Source page ٣٧٧
  45. Principle 207Personal Status Law 51 of 1984. Its application as regards persons is to those to whom the Maliki school applies, to the exclusion of others. - Matters connected with religious belief. Rulings therein are based on the ouPleadings — Part One · Source page ٣٧٧
  46. Principle 208Matters relating to religious belief. Rulings therein are based on acknowledgement through the outward expression of words, so long as the apparent circumstances do not belie it. - Personal Status Law 51 of 1984. Its appPleadings — Part One · Source page ٣٧٨
  47. Principle 209The existence of land never previously owned by an individual, or whose owners died without heirs. Its effect. Its ownership devolves upon the State. Article 878 of the Civil Code. - Land situated within the general planPleadings — Part One · Source page ٣٧٨
  48. Principle 210Establishing a matter at the present time on the basis of its establishment at a previous time. Its implication. The accompaniment and persistence of that matter throughout the subsequent period. Its condition. That nothPleadings — Part One · Source page ٣٧٨
  49. Principle 211The existence of a special law. Its effect. No recourse to the provisions of the general law except in respect of matters not regulated by the special law. The reason therefor. The special legal rule does not repeal the Pleadings — Part One · Source page ٣٧٩
  50. Principle 212Mandatory Bequest Law 5 of 1971. Its import. Its provisions apply to all Kuwaitis without distinction between schools of jurisprudence.Pleadings — Part One · Source page ٣٧٩
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