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. المخاطبين بأحكام القانون

    Principle 213Provisions of the Civil Service Law. Their inapplicability to military personnel of the Army, Police and National Guard. - Appointment of non-Kuwaitis to Army posts. It may only be on a temporary basis and by contract. TPleadings — Part One · Source page ٣٧٩
  2. Principle 214A lawyer is an agent whose relationship with his client is subject to the provisions of the general law concerning the relationship between principal and agent. Consequence thereof.Pleadings — Part One · Source page ٣٧٩
  3. Principle 215Provisions of the new law. Their application to legal positions occurring from the date they take effect, whether in their creation, production of effects or termination. Implication thereof. Transactions concluded beforPleadings — Part One · Source page ٣٧٩
  4. Principle 216Joining the army is through military service, volunteering or appointment under the conditions and arrangements prescribed by laws, decrees and implementing decisions. - A volunteer is every Kuwaiti who has adopted soldiPleadings — Part One · Source page ٣٨٠

  5. - القانون الدولي العام

    Principle 217Legal provisions. Rules governing their interpretation. - Council of Ministers Resolution No. 495 of 2008 granting an exceptional pension to military personnel in the three sectors—the Army, Police and National Guard—issPleadings — Part One · Source page ٣٨٠

  6. نشر القانون

    Principle 218Rules governing consular representation. Their source is the rules of public international law. The customary functions of consular missions. Consuls acting as notaries of contracts, as registrars of civil status, and exPleadings — Part One · Source page ٣٨٠
  7. Principle 219Publication of Personal Status Law No. 51/1984 in the Official Gazette on 23/7/1984. Its effect. Everyone is presumed to know it, and no one’s plea of ignorance of its provisions is accepted from that date. Example. ConcPleadings — Part One · Source page ٣٨١
  8. Principle 220Publication in the Official Gazette and the passage of two months thereafter. A condition for the law to take effect, for its constructive publicity to be established, for a conclusive legal presumption that its promulgaPleadings — Part One · Source page ٣٨١
  9. Principle 221A foreign company under Law 5 of 1961 Regulating Legal Relations with a Foreign Element is an economic enterprise possessing independent legal personality. The law applicable to it. The State's sole ownership of its capiPleadings — Part One · Source page ٣٨١

  10. تفسير القانون

    Principle 222Substantive 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 crPleadings — Part One · Source page ٣٨٢
  11. Principle 223Seeking the wisdom and reasons behind legislation. There is no occasion for this except where the provision is ambiguous, compelling the judge to investigate the purpose sought by the legislation and the intention that pPleadings — Part One · Source page ٣٨٣
  12. Principle 224Reliance on the legislative rationale. There is no basis for it except where the provision is obscure or ambiguous. A provision whose meaning is clear and unambiguous. It is impermissible to depart from it or construe itPleadings — Part One · Source page ٣٨٣
  13. Principle 225The supremacy of national law. Its necessary consequence is abstention from applying any foreign legislation. The judge must resort to interpreting national legislation if it is obscure to him, using the various legal mePleadings — Part One · Source page ٣٨٣
  14. Principle 226Principles of natural law and rules of justice. Their application in logical interpretation. An example concerning building on another’s land under the former Commercial Code.Pleadings — Part One · Source page ٣٨٣
  15. Principle 230Recourse to a general law where a special law exists is not permissible except in matters left unregulated by the special law. Example in maritime carriage.Pleadings — Part One · Source page ٣٨٤
  16. Principle 231Where the provisions of the law are clear, their validity and motives may not be investigated for the purpose of interpreting them. The occasion for that is when the provision is ambiguous.Pleadings — Part One · Source page ٣٨٤
  17. Principle 232Prohibition on the sale of undivided shares in land for which no subdivision has been issued, except after obtaining municipal permission. Article 1 of Decree-Law 92/1976 is a general, clear and explicit provision that iPleadings — Part One · Source page ٣٨٤
  18. Principle 233Provisions containing disciplinary penalties. They must be interpreted narrowly and may not be extended by analogy.Pleadings — Part One · Source page ٣٨٤
  19. Principle 234A legal provision being general and unrestricted. Its effect. No room for restricting its scope. Example.Pleadings — Part One · Source page ٣٨٤
  20. Principle 235A legislative provision. Its content is not confined to what its words and phrases signify. It encompasses the meaning derived from the spirit or implication of the provision. Art. 1/1, Civil Code.Pleadings — Part One · Source page ٣٨٤
  21. Principle 236Where the statutory text is clear and manifest, there is no room to seek guidance from the legislative rationale; that is appropriate when it is ambiguous. - Where the legislative texts regulating the substantive provisiPleadings — Part One · Source page ٣٨٤
  22. Principle 237Where the statutory text is clear and manifest, there is no room to seek guidance from the legislative rationale; that is appropriate when the text is ambiguous.Pleadings — Part One · Source page ٣٨٥
  23. Principle 238Prohibition on exchange companies engaging in banking activities, including accepting cash deposits. Article 2 of the Minister of Finance's Decision of 19/3/1984. The generality of this provision. Its implication. Its ruPleadings — Part One · Source page ٣٨٥
  24. Principle 239Provisions of law prescribing special limitation periods for certain rights. They must be interpreted narrowly so that they apply only to the specific cases they encompass.Pleadings — Part One · Source page ٣٨٥
  25. Principle 240The obligation to apply the legal provision itself without adopting anything contrary to it or restricting it so long as its meaning is clear. The reason therefor: to avoid creating a different rule through interpretatioPleadings — Part One · Source page ٣٨٥
  26. Principle 241Judgments rendered by the court of first instance as final judgments. The general rule is that they may not be appealed unless the law provides otherwise, or they were rendered contrary to a previous judgment that has noPleadings — Part One · Source page ٣٨٥
  27. Principle 242The employer's right to terminate the employment contract and dismiss the worker without notice or gratuity in the circumstances specified in the Labour Law. Its formulation in general terms. Its effect. It encompasses fPleadings — Part One · Source page ٣٨٥
  28. Principle 243The special legal rule does not repeal the general rules but constitutes an exception to them. - 385 - ProcedurePleadings — Part One · Source page ٣٨٥
  29. Principle 244Clarity of the wording of a legal provision. Its effect. Interpreting it on the basis of the purposes and considerations behind its adoption. Impermissible.Pleadings — Part One · Source page ٣٨٦
  30. Principle 245Where a provision is expressed in general terms, there is no scope for particularising it without a particularising qualification. Where it is explicit and clear, it may not be departed from or construed on the pretext oPleadings — Part One · Source page ٣٨٦
  31. Principle 246The text of the Article of the Civil Code is general and unrestricted, applying to all transactions that an agent concludes with himself without authorization or ratification from the principal. It may not be particulariPleadings — Part One · Source page ٣٨٦
  32. Principle 247Legal rules exist or cease to exist according to the existence or absence of their operative rationale. Where the provision is general and unrestricted, there is no occasion to particularize or restrict it by reference tPleadings — Part One · Source page ٣٨٦
  33. Principle 248The provision in the Civil Service Law that bonuses and grants paid by wholly state-owned companies, even periodically, shall not be counted except after the approval of the Civil Service Council. A special provision conPleadings — Part One · Source page ٣٨٦
  34. Principle 249The provision in Article 126 of the Personal Status Law is general and unqualified; it may therefore not be particularized or restricted.Pleadings — Part One · Source page ٣٨٦
  35. Principle 250The general rule is that a non-Kuwaiti may not engage in trade unless he has a Kuwaiti partner. Exceptions thereto: funds he deposits with banks or companies, or agreements he concludes with them to invest those funds - Pleadings — Part One · Source page ٣٨٦
  36. Principle 252The content of a legal provision. It encompasses the meaning derived from its spirit and is not confined to the meaning indicated by its words and phrases in themselves. - The Executive Regulations of Law 41/1993 concernPleadings — Part One · Source page ٣٨٧
  37. Principle 253Article 191 of Law 51 of 1984 concerning the lapse of a father’s right to custody of his children if he does not request it within one year from the date of his action concerning the female custodian’s marriage. ApplyingPleadings — Part One · Source page ٣٨٧
  38. Principle 254Courts may not examine acts of sovereignty. The basis thereof. - The meaning of acts of sovereignty. Example. - 387 - Civil ProcedurePleadings — Part One · Source page ٣٨٧
  39. Principle 255Engaging a private-sector lawyer alongside the government lawyer in actions brought by or against the government. Not prohibited.Pleadings — Part One · Source page ٣٨٨
  40. Principle 256The provision of Article One of Decision 10 of 1991 that foreign employees of Kuwait Airways Corporation who were detained in Kuwait or Iraq by the Iraqi invasion authorities shall be paid the equivalent of their full saPleadings — Part One · Source page ٣٨٨
  41. Principle 257The scope of an appeal in cassation does not extend beyond the judgment challenged. - The absence, in the chapter on appeals in cassation in the Civil Procedure Law, of a provision equivalent to that contained in the finPleadings — Part One · Source page ٣٨٨
  42. Principle 258The provisions of the Rent Law do not apply to a contract intended merely for speculation to achieve financial profit. The provisions of the Commercial Law or other provisions, as the case may be, apply. The basis for thPleadings — Part One · Source page ٣٨٨
  43. Principle 259Exemption of Kuwaiti citizens from instalments for private cars pursuant to Article One of Law 43/1993. Its restriction to private cars intended for personal use.Pleadings — Part One · Source page ٣٨٨
  44. Principle 260A judgment rendered in the absence of the person required to take the decisive oath. Its operative part must be served upon that person. Article 68 of the Law of Evidence. The provision concerning service is unqualified,Pleadings — Part One · Source page ٣٨٨
  45. Principle 268A general, unqualified provision may not be restricted or altered by reference to its rationale. The reason for that. This would introduce, through interpretation, a different rule not provided for by the provision. - A Pleadings — Part One · Source page ٣٩٠
  46. Principle 269The provisions contained in Law 41 of 1993. The nature of those provisions. - The debtor’s choice to enjoy the benefits and facilities prescribed by Law 41 of 1993 concerning indebtedness. Its necessary consequence. His Pleadings — Part One · Source page ٣٩٠
  47. Principle 270The provisions of Law 5 of 1971 concerning the Obligatory Bequest are expressed in general terms. Its effect. Its provisions apply to all Kuwaitis without exception or distinction between adherents of any school of law. Pleadings — Part One · Source page ٣٩٠
  48. Principle 271Administrative disputes relating to civil servants’ affairs. They fall within the jurisdiction of the Administrative Circuit of the Court of First Instance. It has jurisdiction therein to grant annulment and compensationPleadings — Part One · Source page ٣٩٠
  49. Principle 272Government entity. Its meaning in the Civil Service Law: every ministry, department, or administrative unit whose budget forms part of or is annexed to the State’s general budget. - Posts are filled by appointment, promoPleadings — Part One · Source page ٣٩٠
  50. Principle 273Contracting with non-Kuwaitis for positions not requiring a specialized qualification, simple technical positions, auxiliary positions, and typing positions. May only be undertaken under a lump-sum salary contract. OtherPleadings — Part One · Source page
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