المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. تفسير القانون

    Principle 274An unrestricted general provision. It may not be particularized or restricted. Reason therefor. - Article 104 of the Companies Law does not distinguish between instalments representing the nominal value of shares and thoPleadings — Part One · Source page ٣٩١
  2. Principle 275The Civil Service Council alone is competent to issue interpretations binding on government entities in relation to civil service legislation and the allocation of government housing to employees. - The Civil Service CouPleadings — Part One · Source page ٣٩١
  3. Principle 276Clarity of the wording of the provision. Its effect. It is impermissible to adopt anything contrary to it or restrict it. - The decision suspending payment of the representation allowance prescribed for Kuwaiti employeesPleadings — Part One · Source page ٣٩١
  4. Principle 277Reconciliation between the spouses proves impossible. Its consequence. The court may appoint two arbitrators from the spouses' families if possible. If they disagree, it shall join to them a deciding arbitrator from outsPleadings — Part One · Source page ٣٩٢
  5. Principle 278Clarity of the wording of a provision. Its effect. It is impermissible to adopt anything contrary to it or to restrict it. The reason for this: no rule differing from the legislature's intent may be created through interPleadings — Part One · Source page ٣٩٢
  6. Principle 279The provisions of Law 5 of 1971 concerning the mandatory bequest. General. Its provisions apply to Kuwaitis without exception or distinction between adherents of any of the schools of jurisprudence. The challenged judgmePleadings — Part One · Source page ٣٩٢
  7. Principle 280A provision explicit in its meaning. It may not be restricted, particularized or construed otherwise. Reason therefor. - The expression "employer" appearing in Article 14 of Resolution No. 106 of 1994 of the Minister of Pleadings — Part One · Source page ٣٩٢
  8. Principle 282Provisions prescribing prescription for certain rights. They must be interpreted narrowly and apply only to the specific cases they encompass. Matters outside them are governed by the general rule prescribed in Article 4Pleadings — Part One · Source page ٣٩٣
  9. Principle 283An express provision conclusive in its meaning. It may not be particularised, restricted or departed from, even on the pretext of seeking guidance from the rationale that prompted it and the legislature’s purpose in enacPleadings — Part One · Source page ٣٩٣
  10. Principle 284Clarity of the wording of a provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason. Not introducing a rule contrary to the legislator’s intent. - The 3 cases in which deductPleadings — Part One · Source page ٣٩٣
  11. Principle 285The right of recourse to the judiciary. It is established for all people in defence of their rights. The courts have jurisdiction to adjudicate all disputes. Exception. The Constitution or the law assigns jurisdiction toPleadings — Part One · Source page ٣٩٤
  12. Principle 287The general rule is that a lawyer is an agent whose relationship with the client is subject to the provisions of the general law concerning the relationship between principal and agent. The provision in Article 32 of LawPleadings — Part One · Source page ٣٩٤
  13. Principle 288Right of usufruct. Its definition: a principal right in rem attaching directly to the thing enjoyed, conferring upon its holder certain powers of the owner, such as using or exploiting a thing owned by another, in accordPleadings — Part One · Source page ٣٩٤
  14. Principle 290A text clear in meaning. It is impermissible to adopt what contradicts it or to restrict it. - An auditor. It is impermissible for the auditor to chair the board of directors of a joint-stock company, or to be its managiPleadings — Part One · Source page ٣٩٥
  15. Principle 291The General Fire Department. It has no independent legal personality but is subject to the supervision of the head of the Municipality. - Independent legal personality may be acquired only by law. The reason therefor. - Pleadings — Part One · Source page ٣٩٥
  16. Principle 292The substance of a provision. It is not confined to the meaning conveyed by its words and phrases in themselves. It includes the meaning derived from its spirit and purport through its indications and implications. - VehPleadings — Part One · Source page ٣٩٥
  17. Principle 293General population and housing census data. Their purpose: statistical objectives to standardize, coordinate and analyse information. Such data may not be relied upon to impose any financial burden, taken as evidence in Pleadings — Part One · Source page ٣٩٦
  18. Principle 294A debt deferred until the debtor has sufficient means or the ability to pay. The court may set an appropriate date for its payment. Condition: consideration of his circumstances, his present and future resources, and thePleadings — Part One · Source page ٣٩٦
  19. Principle 296A clear provision whose meaning plainly indicates its intended purport. It is impermissible to depart from it or interpret it under the pretext of seeking guidance from the rationale that prompted it. Reason for this. - Pleadings — Part One · Source page ٣٩٦
  20. Principle 297A clear provision whose meaning plainly indicates its intent. It is impermissible to depart from it or construe it under the pretext of seeking guidance from the rationale that prompted it. Example of an erroneous interpPleadings — Part One · Source page ٣٩٧
  21. Principle 298Adopting anything that contradicts or restricts statutory provisions. Impermissible where they are clear and manifest. Reason therefor. - Inquiry into the rationale of legislation and its grounds. There is no scope for iPleadings — Part One · Source page ٣٩٧
  22. Principle 300The right to custody. Its forfeiture through the silence of the person entitled to it for one year without excuse. Its condition. Knowledge of this right. A claim of ignorance does not constitute an excuse. - A provisionPleadings — Part One · Source page ٣٩٨
  23. Principle 301A clear provision. It is impermissible to adopt anything contrary to it or restricting it. The reason therefor. Example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limiPleadings — Part One · Source page ٣٩٨
  24. Principle 302Clear and unambiguous provisions of law. It is impermissible to adopt what contradicts them or to restrict them. The reason therefor. - Multiple guarantors for a single debt subject to the provisions of Law 11 of 1993, aPleadings — Part One · Source page ٣٩٨
  25. Principle 303Conclusion of a valid marriage. Its condition. Offer by the wife's guardian and acceptance by the husband or those acting in their stead. - The statutory provision is expressed without qualification in specifying who hasPleadings — Part One · Source page ٣٩٩
  26. Principle 304It is impermissible to disregard the special law in order to apply the general law, as this is contrary to the purpose for which the special law was enacted. - The Public Prosecution may request a declaration of bankruptPleadings — Part One · Source page ٣٩٩
  27. Principle 306A general, unrestricted provision. It may not be particularized or restricted. Reason therefor. - Actions arising from an insurance contract. Extinguished upon the passage of three years from the occurrence of the event Pleadings — Part One · Source page ٣٩٩
  28. Principle 307A clear provision with an evident meaning. It is impermissible to depart from it or interpret it. The reason for this. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it must notPleadings — Part One · Source page ٤٠٠
  29. Principle 309A clear provision with an evident meaning. It is impermissible to adopt what contradicts it. Reason therefor. - Multiple guarantors for a single debt subject to Law 41 of 1993 and its amendments. This does not render anyPleadings — Part One · Source page ٤٠٠
  30. Principle 310The independent content of a statutory provision. It does not isolate it from the other provisions all bound together by unity of subject matter. It must be interpreted in conjunction with them, understanding its meaningPleadings — Part One · Source page ٤٠١
  31. Principle 311The statutory provision is unrestricted in specifying who has guardianship authority to conclude the marriage contract of a virgin between puberty and completion of her twenty-fifth year, or a previously married woman onPleadings — Part One · Source page ٤٠٢
  32. Principle 313A clear provision with an unambiguous meaning. Departure from it or interpretive construction of it is impermissible. The reason therefor. - A foreign judgment or order. Among the conditions for its enforcement in KuwaitPleadings — Part One · Source page ٤٠٢
  33. Principle 314The judge is primarily required to refer to the statutory provision and apply it to the facts of the action within the limits of its wording. If its meaning is clear, nothing contrary to it may be adopted. Reason: avoidiPleadings — Part One · Source page ٤٠٢
  34. Principle 315A clear provision, plain in meaning. It is impermissible to adopt anything contrary to it. Reason for this. - 402 - ProcedurePleadings — Part One · Source page ٤٠٢
  35. Principle 316Provisions prescribing special limitation periods for certain rights. They must be interpreted narrowly. They apply only to the specific cases they encompass; matters falling outside them are subject to the general rule Pleadings — Part One · Source page ٤٠٣
  36. Principle 317Legislative provisions apply to the matters they address expressly or by implication. Its implication. The provision encompasses the meaning derived from its spirit or its implied meaning, by indication or signification,Pleadings — Part One · Source page ٤٠٣
  37. Principle 318The Public Ports Law and its Fees and Charges Regulations contain no provision requiring the owner of goods deposited in customs warehouses or their open yards to pay ground storage charges after expiry of the specified Pleadings — Part One · Source page ٤٠٣
  38. Principle 319A provision may not be particularised or restricted so long as it is general, unrestricted, express, clear and conclusive as to its intended meaning. - Exemption of Kuwaiti citizens from private-car instalments pursuant Pleadings — Part One · Source page ٤٠٣
  39. Principle 320A clear provision with an evident meaning. It is impermissible to depart from it and adopt anything contrary to it. The reason for this. - A creditor of a general partnership has the right to claim his debt from the compPleadings — Part One · Source page ٤٠٣
  40. Principle 321A clear provision with an evident meaning. It is impermissible to depart from it and adopt what contradicts it. Reason therefor. - 403 - ProcedurePleadings — Part One · Source page ٤٠٣
  41. Principle 322A general, unqualified provision leaves no scope for particularisation, restriction, or construction. Reason therefor. This would introduce, through construction, a different rule not contained in the provision. - InterpPleadings — Part One · Source page ٤٠٤
  42. Principle 323Legal rules follow their underlying rationale in its presence and absence. There is no room to depart from or interpret the general provision.Pleadings — Part One · Source page ٤٠٤
  43. Principle 324Clarity of the provisions of the law. Its necessary consequence: it is impermissible to adopt anything contrary to them or to restrict them. The reason therefor.Pleadings — Part One · Source page ٤٠٤
  44. Principle 325An express, clear provision of conclusive meaning. There is no room for departing from it or construing it otherwise.Pleadings — Part One · Source page ٤٠٤
  45. Principle 326A clear provision with an evident meaning. The impermissibility of departing from it and adopting anything contrary to it. The reason for this.Pleadings — Part One · Source page ٤٠٤
  46. Principle 327The jurisdiction of the Administrative Circuit of the Court of First Instance and, thereafter, the designated circuit of the Court of Appeal to hear appeals against judgments issued by it. It arises only where the disputPleadings — Part One · Source page ٤٠٤
  47. Principle 328Law 41 of 1993. The legislature's purpose therein. Addressing Kuwaitis' debts in a comprehensive and final manner. The concessions it includes. - 404 - ProcedurePleadings — Part One · Source page ٤٠٤
  48. Principle 329The judge’s obligation to refer to the legal provision applicable to the facts of the dispute in the action. He must adhere to the wording and limits of the provision. Clarity of its meaning. It is impermissible to adoptPleadings — Part One · Source page
  49. Principle 330A clear provision with an evident meaning. It is impermissible to adopt what contradicts or restricts it. Reason therefor. - Examination of the rationale and motives of legislation is undertaken only where the provision Pleadings — Part One · Source page
  50. Principle 331It is impermissible to adopt anything that contradicts or restricts statutory provisions where they are clear and manifest. - The provision of Article 12 of Law 19 of 2000. Its consequence: calculation of tax at 2.5% of Pleadings — Part One · Source page
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