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. في المسائل الإجرائية

    Principle 389Procedural rules relating to judicial organization, including procedures for instituting and hearing actions before the courts and matters that impede the course of proceedings therein. They are subject to the law of thePleadings — Part One · Source page ٤٢١
  2. Principle 390A clear, express provision of conclusive meaning. There is no room to depart from it or interpret it on the pretext of the rationale that prompted it and the legislature's intention therein concerning deeming an action nPleadings — Part One · Source page ٤٢١

  3. في مسائل النقل

    Principle 391Bringing a challenge on substantive grounds. Its necessary consequence. A ruling dismissing it on the merits, not declaring it inadmissible. This is not altered by the amendment to Article 154 of the Code of Procedure inPleadings — Part One · Source page ٤٢٢
  4. Principle 392Kuwait's accession to the Brussels Convention on Bills of Lading. Its operation as domestic legislation. Its implication. The judge is obliged to apply its provisions.Pleadings — Part One · Source page ٤٢٢
  5. Principle 393The conditions for the application of the provisions of the Brussels Convention on bills of lading are that the bill of lading was drawn up in a signatory or acceding State, that the carrier and shipper belong to any of Pleadings — Part One · Source page ٤٢٢
  6. Principle 394Conditions concerning exemption of the sea carrier from liability or reduction thereof. Absolutely void. Article 3/8 of the Brussels Convention concerning Bills of Lading. Reason for this.Pleadings — Part One · Source page ٤٢٢

  7. في مسائل الأحوال الشخصية(*)

    Principle 395Operations preceding and following the maritime stage. Their subjection to the general rules of liability contained in the Commercial Law. - 422 - Civil Procedure 3- In personal status matters(*):-Pleadings — Part One · Source page ٤٢٢
  8. Principle 396The law applicable to the effects produced by marriage, if the parties to the action are foreigners, is the law of the husband's nationality at the time the marriage was contracted. What is intended is the substantive ruPleadings — Part One · Source page ٤٢٣
  9. Principle 397Birth is the event establishing parentage. The consequence thereof. The law in force at birth applies to the establishment of parentage. - Parentage is established by the marital bed, acknowledgment and evidence accordinPleadings — Part One · Source page ٤٢٣
  10. Principle 398Personal Status Law 51/1984. Its scope of application as regards persons. Those to whom the Maliki school applies, to the exclusion of others. - The rule in the Jaʿfari school is that the child belongs to the marital bedPleadings — Part One · Source page ٤٢٣
  11. Principle 399Determining the applicable law in the case of stateless persons. Within the authority of the judge of the merits. Law 5 of 1961. - Personal Status Law 51 of 1981 applies when one party to the action follows the Sunni schPleadings — Part One · Source page ٤٢٣
  12. Principle 401In matters relating to religious belief, an acknowledgment according to the outward meaning of the words is accepted where the apparent circumstances do not belie it. Its motives should not be investigated; inquiry is coPleadings — Part One · Source page ٤٢٤
  13. Principle 402Kuwaitis belonging to different schools of jurisprudence. The school of Imam Malik applies to their personal status matters.Pleadings — Part One · Source page ٤٢٤
  14. Principle 403The Personal Status Circuit has jurisdiction to adjudicate all disputes relating to personal status. The school of Imam Malik is applicable to them, and the Majalla of Judicial Rules is applicable to civil transactions, Pleadings — Part One · Source page ٤٢٤
  15. Principle 405A gift made while Amiri Decree 19 of 1959 concerning the Organization of the Judiciary was in force. The law applicable thereto. - A gift under the provisions of the Majalla of Judicial Provisions. It is not completed exPleadings — Part One · Source page ٤٢٤
  16. Principle 406Adherence or non-adherence to the school of Imam Malik, and the consequent application of the Kuwaiti Personal Status Law as the general law or the application of the particular schools. The determining criterion is the Pleadings — Part One · Source page ٤٢٤
  17. Principle 407Both parties being Syrian. The law applicable to them concerning guardianship over the person and custody. It is Syrian law. The basis for this: the said law contains no provision regulating the taking of children into cPleadings — Part One · Source page ٤٢٤
  18. Principle 408Actions concerning guardianship over the person and custody. The law applicable when the parents' schools of jurisprudence differ. Law 51 of 1984 concerning Personal Status, given that the father is a Kuwaiti national anPleadings — Part One · Source page ٤٢٥
  19. Principle 409Application of the provisions of Kuwaiti law to the action on the basis that American law, as the law of the husband's nationality, was not submitted. Correct. The court is not at fault if it did not require the litigantPleadings — Part One · Source page ٤٢٥
  20. Principle 410The law applicable in a divorce action. It is the law of the last nationality acquired by the spouses during the marriage and before the divorce or before the action for it was brought. Absence of a common nationality. IPleadings — Part One · Source page ٤٢٥
  21. Principle 411Adoption of the school of Imam Malik as the general law under the Kuwaiti Personal Status Law, or its non-adoption and application of particular schools. Its determining factor. The dispute relating to the personal statuPleadings — Part One · Source page ٤٢٥
  22. Principle 412Personal Status Law 51/1984. Its provisions apply only to those to whom the school of Imam Malik applies, to the exclusion of others. - Establishment of a child's lineage by the marital bed under the Ja'fari school. Its Pleadings — Part One · Source page ٤٢٥
  23. Principle 413Both parties to a maintenance action belonging to the Ja'fari school. Its effect. Maintenance is due from the date of judgment, not from the date the action was brought. The basis thereof. Article 205 of the Personal StaPleadings — Part One · Source page ٤٢٦
  24. Principle 414The provisions of the Kuwaiti Personal Status Law. Their application to those to whom the school of Imam Malik applied. Others. Their own provisions apply to them. - The school of Imam Malik. Its application where one paPleadings — Part One · Source page ٤٢٦
  25. Principle 415The substantive conditions for the validity of marriage. Their determination. Its reference. The spouses’ nationality if it is the same. Their difference in nationality. Its effect. Recourse must be had to the law of eacPleadings — Part One · Source page ٤٢٦
  26. Principle 416Kuwaitis differing in religious school. Its implication. Application of the Kuwaiti Personal Status Law.Pleadings — Part One · Source page ٤٢٦
  27. Principle 417Disagreement between spouses over receipt of the dowry. Its effect. The wife’s statement prevails before consummation, and the husband bears the burden of proving its receipt. - Existence of a special law. Its effect. NoPleadings — Part One · Source page ٤٢٦
  28. Principle 418The rules in respect of which reference is made to the law of the husband's nationality at the time the marriage was concluded. Their nature: the substantive rules determining the effects of marriage in relation to the sPleadings — Part One · Source page ٤٢٦
  29. Principle 419The substantive provisions of the law of the husband's nationality at the time of the marriage contract apply to the effects produced by the marriage contract, whereas procedural rules are referred to Kuwaiti law as the Pleadings — Part One · Source page ٤٢٦
  30. Principle 420The parties to the dispute having the same nationality (Saudi). The rules of the Hanbali school are applicable to the action. - The mother's travel with the child in custody to another country for residence and settlemenPleadings — Part One · Source page ٤٢٧
  31. Principle 421The law of the father’s nationality. It is the applicable law for guardianship over the person and custody. - The party relying on foreign law must submit an official copy thereof. Otherwise, Kuwaiti law applies.Pleadings — Part One · Source page ٤٢٧
  32. Principle 422Assessment of maintenance of its various kinds, its increase or decrease, the means of the person liable for it, and the female custodian's need for a servant. A matter of fact. - Lapse of spousal maintenance. It occurs Pleadings — Part One · Source page ٤٢٧
  33. Principle 423Establishment that the father is a Saudi national. Its implication. Application of the Hanbali school applied in Saudi law. A boy reaching the age of seven. Its effect. He is given a choice between his parents provided hPleadings — Part One · Source page ٤٢٧
  34. Principle 424The absence from the Personal Status Law and the school of Imam Malik of a provision governing how testimony is recorded before the courts. Evidence Law No. 39 of 1980 must be applied. - The distinction between evidence Pleadings — Part One · Source page ٤٢٨
  35. Principle 426Both parties to the action being Lebanese. The Lebanese Family Rights Law must be applied. The implication thereof. The law of the spouses’ nationality during the marriage and before the divorce or before the filing of tPleadings — Part One · Source page ٤٢٨
  36. Principle 427Religious belief. Basing rulings concerning it on an outward verbal declaration. The condition thereof. - The school of Imam Malik. It applies when one spouse is Sunni and the other is Ja'fari. Its replacement by the proPleadings — Part One · Source page ٤٢٨
  37. Principle 428The husband’s absence for a year or more with an acceptable excuse. Impermissibility of judicial separation. The reason therefor. - Establishment of the husband’s captivity and absence of a statutory provision for this sPleadings — Part One · Source page ٤٢٨
  38. Principle 429Rules relating to the admissibility of an action for li‘an (mutual imprecation) and denial of parentage. Some are contained in Kuwaiti law. Matters for which no provision exists are referred to the predominant opinion inPleadings — Part One · Source page ٤٢٨
  39. Principle 430The spouses having different nationalities and neither being Kuwaiti. The implication. The law of the husband’s nationality applies to marital disputes, including maintenance and the waiting period. An example.Pleadings — Part One · Source page ٤٢٩
  40. Principle 431The new law. Its non-application to the past. Its application, from its effective date, to legal positions arising after its entry into force. The reason for this. Example. - Establishment of parentage arising from a birPleadings — Part One · Source page ٤٢٩
  41. Principle 432Application of the Ja'fari school. Its condition: the litigants' common adherence to that school. Their difference in school. Its consequence: application of Law No. 51 of 1984 concerning Personal Status. - The right to Pleadings — Part One · Source page ٤٢٩
  42. Principle 433Dissolution of a valid marriage after consummation. Its implication. The obligation to pay consolatory compensation. Absence of a provision concerning consolatory compensation for a woman divorced after seclusion. Its efPleadings — Part One · Source page ٤٢٩
  43. Principle 434The law of the father's nationality. Its application to custody actions. The litigants being Saudi nationals. Saudi law must be applied to the dispute. Art. 43 of Law 5 of 1961 regulating legal relations involving a forePleadings — Part One · Source page ٤٢٩
  44. Principle 435Law 51/1984 applies to those to whom the school of Imam Malik applied. Others. Their own specific rules apply to them. Both parties being of the Ja'fari school. Its implication. Ja'fari jurisprudence governs the facts ofPleadings — Part One · Source page ٤٣٠
  45. Principle 436Invoking the application of the provisions of a foreign law. Its treatment as a mere material fact. The consequence thereof. Evidence thereof must be adduced. - Failure by the party invoking the application of foreign laPleadings — Part One · Source page ٤٣٠
  46. Principle 437Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the woman who delegated her affairs to her guardian if she is divorced before consummation and before a dower has been fixed for them.Pleadings — Part One · Source page ٤٣٠
  47. Principle 438Divorce, judicial divorce and separation. The husband's law at the time the marriage was contracted applies thereto. - Invoking the application of foreign legislation. Its treatment as a mere material fact. The effect ofPleadings — Part One · Source page
  48. Principle 439Both parties' adherence to the Ja'fari school. Its consequence: application of its rules to them. The basis thereof. - A wife's inheritance under the Ja'fari school. Its scope: movables, ships, and animals. She does not Pleadings — Part One · Source page
  49. Principle 440Both spouses' affiliation with the Ja'fari school. Its effect: application of its rules to them. The Ja'fari school does not limit the hearing of a wife's maintenance action to a specific period. Basis for this.Pleadings — Part One · Source page
  50. Principle 441Assessment of the evidence and documents in the action and identification of the provisions of foreign law applicable to the facts. Within the authority of the court of merits. The condition for this. Example. - The applPleadings — Part One · Source page
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