المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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  1. - تسجيل الحقوق العينية العقارية الأصلية

    Principle 454The provisions in Articles 13, 14 of Law 5/1959 are addressed to the authority entrusted by the legislature with registration procedures and do not prevent courts, when hearing actions to establish ownership, from relyinPleadings — Part Two · Source page ٩٣
  2. Principle 455The addressee of the provisions of Articles 13, 14 of Law 5/1959 concerning real estate registration is the authority entrusted with registration, and this does not prejudice the right of courts, when considering an actiPleadings — Part Two · Source page ٩٣
  3. Principle 456All lands within the planning boundaries of the Fifth Ring Road and the village of Jahra. The general rule is that they are private property. Exception. Whatever is proven to be owned by the State. - Individuals may estaPleadings — Part Two · Source page ٩٣
  4. Principle 457The address in Laws 5/1959, 5/1975 is directed to the authority entrusted by the legislature with registration procedures in the first law and to the administrative committees and in respect of the second law. Courts mayPleadings — Part Two · Source page ٩٣
  5. Principle 458A challenge alleging absolute simulation that the court is obliged to examine. It must be explicit in its meaning. Merely challenging on grounds of collusion or fraud. Does not convey that meaning. - A registered contracPleadings — Part Two · Source page ٩٤
  6. Principle 459Lands situated within the planning boundaries south of the Fifth Ring Road, Jahra Village and Failaka Island are, in principle, privately owned, except for what is proven to be owned by the State. Claiming their ownershiPleadings — Part Two · Source page ٩٤
  7. Principle 460Making marginal annotations on registered instruments concerning subsequent developments affecting the dispositions they contain. An administrative act performed by the administrative authority, not the courts.Pleadings — Part Two · Source page ٩٤
  8. Principle 461The obligation of the authority entrusted with registering ownership and of the administrative committees determining ownership claims to comply with the provisions of the Real Estate Registration and Ownership Claims LaPleadings — Part Two · Source page ٩٤
  9. Principle 462Contracts of sale transferring principal rights in rem, including ownership. Their nature as consensual contracts is not changed by the enactment of the Real Estate Registration Law. Its effect. Deferral of the transfer Pleadings — Part Two · Source page ٩٤
  10. Principle 463Ownership of real property. It passes only by registration. Failure to register. Its effect in relation to the transferor's creditors.Pleadings — Part Two · Source page ٩٥
  11. Principle 465Ownership in real property matters does not pass between the contracting parties or as against third parties except by registration. Article 7 of Decree-Law 5/1959. - A debtor's disposition is not effective against the aPleadings — Part Two · Source page ٩٥
  12. Principle 466Registration of an instrument does not immunize it against challenge. Determining whether a contracting party acted under a mistake, or denying that he did so, is a question of fact. Nullity of the contract. Its cases. EPleadings — Part Two · Source page ٩٥
  13. Principle 467Creation, transfer, alteration, or extinction of a principal right in rem over real property, and final judgments establishing the same. Their registration is mandatory. Unregistered dispositions. Their effect: personal Pleadings — Part Two · Source page ٩٥
  14. Principle 468The obligation to register real-property ownership actions concerning a real right in immovable property. Importance thereof: preserving the claimant’s right upon judgment in his favour therein and annotation of that judPleadings — Part Two · Source page ٩٥
  15. Principle 469Ownership of real property. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of the Real Estate Registration Law 5/1959. Failure to complPleadings — Part Two · Source page ٩٥
  16. Principle 470The obligation of the real estate registration authority and the administrative committees formed by the President of the Municipal Council to adjudicate ownership claims to comply with the procedures prescribed in Laws Pleadings — Part Two · Source page ٩٦
  17. Principle 471Principal real rights in immovable property. They do not pass between the contracting parties or in relation to third parties except by registration. Article 7 of Decree-Law 5/1959. Failure to register these rights. CreaPleadings — Part Two · Source page ٩٦

  18. - تسجيل عقد بيع العقار

    Principle 472Yield. Its nature. The obligation of the person who committed usurpation to pay it. The implication thereof. The right of a co-owner in undivided ownership to recover from his co-owner who usurped the portion allotted toPleadings — Part Two · Source page ٩٦
  19. Principle 473A gift instrument having an established date before the notary public. One of the instruments admissible to establish the root of ownership. Articles 13 and 14 of the Real Estate Registration Law.Pleadings — Part Two · Source page ٩٦
  20. Principle 474Effectiveness of a sale. Its condition. The seller’s ownership of the property sold. - Ownership of real property as between the parties concerned and as against others. It transfers only by registration.Pleadings — Part Two · Source page ٩٦
  21. Principle 475Creation, transfer, alteration or extinction of a principal real right in immovable property, and final judgments establishing the same. Their registration is mandatory. Unregistered dispositions. Their effect: personal Pleadings — Part Two · Source page ٩٦
  22. Principle 477An unregistered sale. Its effect as between its parties. - The challenged judgment’s failure to confine its ruling to declaring the sale contract valid and enforceable, and its addition of an order requiring the female aPleadings — Part Two · Source page ٩٧
  23. Principle 478The Registration and Authentication Department. Its registration of a sale on the basis of a judgment whose reasons contained a final adjudication having the force of res judicata that the property sold belongs to the apPleadings — Part Two · Source page ٩٧
  24. Principle 479The Real Estate Registration Department is the authority addressed concerning restriction, in establishing ownership upon registration, to possession records issued by the notary public. Its implication. No prejudice to Pleadings — Part Two · Source page ٩٧
  25. Principle 480The enactment of Law No. 5/1959 concerning Real Estate Registration. Its scope is limited to making the transfer of rights in rem occur through registration, to the exclusion of the other provisions of the contract. Its Pleadings — Part Two · Source page ٩٧
  26. Principle 481An incidental action claiming title. An action brought by a third party during enforcement procedures seeking entitlement to all or part of a real property and, consequently, nullity of the enforcement procedures. OwnersPleadings — Part Two · Source page ٩٧
  27. Principle 482A judgment rendered against the seller in a dispute relating to the real property sold. It is binding upon the purchaser so long as he had not registered his contract when it was rendered. The reason therefor. The purchaPleadings — Part Two · Source page ٩٨
  28. Principle 484Real estate actions concerning real property situated abroad. Excluded, by way of exception, from the jurisdiction of Kuwaiti courts. An action to rescind an unregistered contract for the sale of real property situated iPleadings — Part Two · Source page ٩٨
  29. Principle 485The seller’s privilege over immovable property for the price due to him. Its import. Following the property into whosoever’s hands it passes and satisfying his right in priority to other unsecured and lower-ranking crediPleadings — Part Two · Source page ٩٨
  30. Principle 486Absolute simulation of a sale contract. Its effect. Its invalidity and the non-transfer of ownership to the purchaser, even if the contract is registered. The rationale therefor. - The previous judgment evicting the firsPleadings — Part Two · Source page ٩٨
  31. Principle 487Registration of the contract. Does not preclude challenging it on grounds of simulation and nullity. Example.Pleadings — Part Two · Source page ٩٨
  32. Principle 488Incidental action claiming ownership. Its nature. Its basis is ownership of the attached immovable property under a registered contract, through long possession conferring ownership by prescription, or by any means of acPleadings — Part Two · Source page ٩٨
  33. Principle 489Cases in which ownership does not transfer merely by sale. The seller must do everything necessary to transfer it to the buyer and refrain from acts that prevent this or make it difficult. - Ownership of immovable properPleadings — Part Two · Source page ٩٩
  34. Principle 490Sale of another person's property. A voidable contract. Its ratification by the true owner is a condition for its effectiveness against him. - Registration of the contract for the sale of another person's property does nPleadings — Part Two · Source page ٩٩
  35. Principle 491A challenge on grounds of absolute simulation. It must be explicit in its meaning that the apparent contract does not exist in reality. A challenge on grounds of collusion and fraud. It does not convey this. - A registerPleadings — Part Two · Source page ٩٩
  36. Principle 492Real estate registration. A personal system conducted according to names, not according to properties, and it does not in itself possess full evidentiary authority. Its implication. It does not cure void contracts, nor dPleadings — Part Two · Source page ٩٩
  37. Principle 493A device to defeat pre-emption that must be rejected against its perpetrator. Its meaning. One intended to frustrate a right vested in the pre-emptor pursuant to law.Pleadings — Part Two · Source page ٩٩

  38. - تسجيل قرار نزع الملكية

    Principle 494The legislature's reliance on the fact of registration of the real estate sale contract to establish the pre-emptor's knowledge that the sale has occurred and the commencement of the period for requesting acquisition by Pleadings — Part Two · Source page ٩٩
  39. Principle 495A claim for a judgment declaring the validity and enforceability of a sale contract. Its difference, in subject matter and cause, from a claim for a judgment confirming ownership by acquisitive possession. The former is Pleadings — Part Two · Source page ١٠٠

  40. - تسجيل عقد الهبة

    Principle 496The legislature surrounded expropriation procedures with sufficient safeguards to achieve the public interest and preserve the rights of owners of properties subject to those procedures. Valuation of the property is undePleadings — Part Two · Source page ١٠٠
  41. Principle 497Assessment of possession and physical control of the donated real property. Within the authority of the court of merits. Its condition. - A gift contract whose date was authenticated before a notary public before the entPleadings — Part Two · Source page ١٠٠

  42. - تسجيل الحكم الصادر بفسخ عقد بيع العقار

    Principle 498Real property ownership. Does not pass, whether between the contracting parties or third parties, except by registration. Article 7 of Decree 5 of 1959. - 100 - Civil Procedure - Registration of a gift contract. RevocatiPleadings — Part Two · Source page ١٠٠

  43. - انتقال ملكية المبيع في مجلة الأحكام العدلية لا يشترط فيها التسجيل

    Principle 499A final judgment rescinding a registered contract. Its producing the effect of extinguishing ownership. Its condition. Its registration, even if it has acquired the force of res judicata. Article 7 of Decree-Law 5 of 195Pleadings — Part Two · Source page ١٠١
  44. Principle 500An action for the validity and enforceability of a sale contract. An action for title in its ultimate outcome. Reason therefor. Upon registration of the judgment rendered therein, it results in the claimant’s entitlementPleadings — Part Two · Source page ١٠١

  45. - تسجيل التصرفات المنشئة والأحكام النهائية

    Principle 501Ownership of the thing sold. Under the provisions of the Majalla of Judicial Rules. Its transfer by the mere conclusion of the contract. - Registration of constitutive dispositions and final judgments:-Pleadings — Part Two · Source page ١٠١
  46. Principle 502A judgment issued by the Personal Status Court correcting a clerical error in a registered gift contract. Its effect extends back to the date of registration of the gift. The judgment is not considered one of the judgmenPleadings — Part Two · Source page ١٠١
  47. Principle 503A decision allocating government housing to the deceased does not transfer ownership. The sale thereof by the State must be registered.Pleadings — Part Two · Source page ١٠١
  48. Principle 504The purchaser of real property under an unregistered contract. An ordinary creditor in respect of the personal obligations arising against the seller under the contract, even if a judgment has been rendered declaring itsPleadings — Part Two · Source page ١٠١
  49. Principle 505Transfer of ownership to the purchaser of real property under Real Estate Registration Law 5 of 1959. Deferred until the date of registration, unlike all other effects of the sale.Pleadings — Part Two · Source page ١٠٢
  50. Principle 506Instruments accepted to establish the root of title. Their specification in Article 14 of the Real Estate Registration Law. Does not detract from the authority of courts, when hearing actions to establish ownership, to aPleadings — Part Two · Source page ١٠٢
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