Kuwait Court of Cassation principle number 2021

Laws relating to prescription. They apply from their entry into force to every prescription period that has not been completed, pursuant to the immediate effect of legislation. The prescription period that has elapsed, determination of the moment at which it began, the manner of its calculation, and any grounds for interruption or suspension affecting it. Governed by the old law. The new law governs the period running under it in these respects. - The bar to hearing an action through lapse of time under the Majalla of Judicial Provisions. It applies to actions concerning ownership, real property, and inheritance just as it applies to debt actions. Excuses recognized by Sharia, such as lack or deficiency of capacity and circumstances making it difficult for the right-holder to assert the right judicially. Prevent the statutory period barring the hearing of the action through lapse of time from running. Lesser excuses that do not attain that degree of hardship. May not be regarded as excuses preventing the prescription period from running. - The general rule is that a person's right is not extinguished by prescription, however old it is. Its implication. Islamic Sharia does not recognize prescription of rights recognized by Sharia. Restricting judicial jurisdiction by time, place, persons, or a category of actions. Permissible under Sharia for the ruler. The bar to hearing an action through lapse of time prescribed in the Majalla of Judicial Provisions is based merely on prohibiting the judge from hearing it, while the right remains with its holder without - 369 - Procedure prescription. - An inheritance action brought by an heir for a declaration of his right to inherit in respect of the estate as a whole. It is barred upon the expiration of 33 years from the date of the deceased's death. An action concerning ownership of specific property devolving by inheritance is prescribed upon the lapse of 15 years. - A judgment must be based on reasons that support it and suffice to sustain it. A judgment resting on reasons through which inconsistency affects its foundations, so that its ruling cannot hold together, is defective in its reasoning. Example concerning acceptance of a plea that an action for a declaration of an inheritance right is barred from being heard through lapse of time. 9- Gift action:-