General texts
– Application of the law in terms of time
(1 – 1)
Article 1
The laws of pleadings shall apply to cases where there has been no dismissal from the proceedings or have been taken before the date of the application thereof
.
– Amended texts of the dates when the date has started before the date of entry into force.
– The texts governing the methods of appeal in respect of the judgments issued before the date of entry into force when these texts canceled or established for one of those methods.
Each procedure of pleadings has been valid under applicable law remains valid unless otherwise stated.
The dates of the fall or other dates of pleadings shall not take place except from the date of the introduction of the text which he introduced.
7.1.2 – Interest in the case
(2 – 2)
Article 2
Any application or payment in which the holder does not have an existing power approved by law shall not be accepted.
7.1.3 – Failure to combine a right claim with a possession claim
(3 – 3)
Article 3
The plaintiff may not combine a claim for possession with the claim for the right or his claim of possession shall be forfeited.
The defendant may not make a claim of possession on the basis of the right.
Likewise, it is not permissible to rule in a case of possession on the basis of establishing or denying the right.
7.1.4 – Announcements
(4 – 12)
Article 4
If the law provides for an inevitable deadline for the taking of an action to take place in the declaration, the date shall not be considered as valid unless it is declared during it.
Article 5 (Amended By Law 36 of 2002, Article 1)
Any declaration, unless otherwise provided by law, shall be made by the delegates of the declaration or the execution officers, otherwise it shall be null and void.
The announcement shall be made by the student or on the basis of his corpus by the Claims Officer.
The litigants or their agents shall be entitled to such assistance as possible to complete the declaration.
Article 5
Any declaration, unless otherwise provided by law, shall be made by the delegates of the declaration or the execution officers, otherwise it shall be null and void.
The announcement shall be made by the student or on the basis of his corpus by the Claims Officer.
The litigants or their agents shall be entitled to such assistance as possible to complete the declaration.
In all cases, the commercial materials may be advertised in the manner agreed upon by the concerned parties, and a copy thereof shall be deposited with the Department of Implementation.
Article 6
No declaration or execution may be made before 7:00 am or after 7:00 pm or on public holidays, except in cases of necessity and with the written permission of the Provisional Judge or the Director of the Department of Execution. Any violation of the provisions of this Article shall be null and void.
Article 7
If the advertiser decides to refrain from the announcement, he shall immediately submit the matter to the judge of the provisional matters or the director of the execution department as the case may be. Unless the order is issued not to declare, the student must appeal to the plenary court in the counseling room to finally decide the appeal after hearing the advertiser and the student.
Article 8
Each notice sheet shall contain the following data, otherwise the declaration shall be void:
– The date of the day, month, year and hour at which the declaration was made.
– The name of the applicant in full, his profession or his job, his domicile, his place of work, and the name of his full representative, his profession, his job and his domicile, if he works for others.
– The advertiser’s full name, profession, job, domicile and place of work, if his or her domicile or place of work is not known at the time of the announcement, the last domicile, domicile, or place of business he had in Kuwait or abroad.
– The name of the advertiser in full, his job and his affiliation, and his signature on both the original and the image.
– The subject of the announcement.
– The name of the person who delivered the declaration in full and signed the original receipt.
Article 9
The copy of the declaration shall be delivered to the same person as he is now, or in his domicile or in his place of work, and may be delivered in the chosen country in the cases specified by law.
A copy of the advertisement shall be delivered to the advertiser person wherever he may be.
If the advertiser does not find the person to be declared in his country of origin, he shall deliver the photograph therein to the person who decides that he is his agent or that he works in his service or that he is a resident of his spouse, relatives or in-laws. In all cases, the copy of the advertisement shall only be delivered to a person who appears to have completed the age of fifteen years, and who does not represent him or his representative has an apparent interest contrary to the interest of the advertiser.
If the advertiser does not find the right person to deliver the image to him in accordance with the preceding paragraphs, or if any of his grandfather mentioned therein, other than the advertiser himself, refrain from signing the original receipt or receiving the copy, he shall deliver it on the same day to the official of the police station or whoever performs the same. His place of residence in his constituency, the domicile or place of business, as the case may be. The applicant shall also, within twenty-four hours of the delivery of the photograph to the police station, send a letter to the advertiser in his domicile, his place of work or his chosen place of residence, together with the photograph, indicating that the photograph has been handed over to the police station.
The invalidity of the violation of the provisions of this article.
Article 10
Except as stipulated in special laws, the copy of the declaration shall be delivered in the following manner, otherwise the declaration shall be void:
(a) Concerning the State, it shall be handed over to the ministers, directors of the competent departments, governors or those acting in their place, except for the newspapers of appeals, all appeals papers and all litigation papers in the lawsuit or appeal and judgments; To the circuit of fatwa and legislation.
B- With respect to public persons, the deputy shall be legally handed over to him, or shall not be substituted by either the newspapers of appeals, the appeals newspapers and all the litigation papers in the case or in the appeal and judgments.The image shall be handed over to the Fatwa and Legislation Department. Of those people otherwise.
In the case of the delivery of the image in items A and B to the Fatwa and Legislation Department, it may be handed over to the person delegated by the head of the Fatwa and Legislation Department to the courts for this purpose.
– Concerning prisoners, shall be handed over to the prison director or his representative.
– Concerning the sailors of the merchant ships or their personnel, if the ship is anchored in one of the Kuwaiti ports, it shall be delivered to the captain or the ship’s agent.
– Concerning companies, associations and other legal persons, they shall be handed over in their administration centers to the lawmaker, one of them, one of the joint partners or whoever acts as a representative of each of them. In his original or chosen domicile.
– Regarding military officers, police officers or the National Guard, officers and individuals who are handed over to the Ministry of Defense, the Ministry of the Interior or the National Guard, as the case may be, to those appointed for this purpose by a decision of the competent minister or the head of the National Guard.
In the cases stipulated in paragraphs A, B and C, if the advertiser does not find the right person to deliver the image to him or if the person to whom it is intended to refuse to receive it or to sign the original to receive it, the advertiser shall prove that at the time, in the original and in the copy and submit the copy to the Public Prosecution.
Article 11
If the advertiser has a known domicile abroad, the papers shall be delivered to the Public Prosecution. The Prosecution shall send them to the Ministry of Foreign Affairs for diplomatic communication.
The announcement produces its effects upon the arrival of the image to the advertiser, however, the date shall be considered as from the time of handing over the papers to the Public Prosecution.
If the advertiser’s domicile or place of work is not known, the copy of the paper shall be handed over to the Public Prosecution. The violation of the provisions of this Article shall be null and void.
Article 12 (Amended By Law 36 of 2002, Article 36)
The advertisement shall be deemed to be a product of its effects from the time the image is delivered to the person to whom it is legally delivered, or from the time the advertiser refuses to receive it or to sign the original.
Article 12
The declaration shall be deemed to be a product of its effects from the time the image is delivered to the person to whom it is legally delivered, or from the time the advertiser refuses to receive it or to sign the original receipt as long as the procedures stipulated in the fourth paragraph of Article IX have been followed.
7.1.5 – Home and Workplace
(13 – 16)
Article 13
A domicile is a place where a person usually resides, and a place of business is a place where a person conducts a trade or craft or manages his or her assets, and for the employee and worker is the place where he or she normally performs his or her work.
A person may have at the same time more than one home or more than one place of work, and in cases of pluralism all are equal.
Article 14 (Amended By Law 36 of 2002, Article 1)
The domicile of the minor, interdicted, missing and absentee is the domicile of his representative. The home of the legal person is the place where his headquarters are located.
Legal persons whose head office is abroad and which has an activity in Kuwait are the center of their administration in relation to domestic law, the place where the local administration is located.
Article 14
However, the place where one of its branches is located may be considered a home for the activities of this branch and the legal person whose main office is abroad and has an activity in Kuwait is the place where his local administration is located. To that activity.
Article 15
A chosen domicile may be taken to perform a particular legal act. He shall be the home for all matters pertaining to this work, unless he expressly stipulates that he shall be limited to other works.
The existence of the chosen domicile may be established only in writing.
Article 16
If the law requires the opponent to appoint his place of origin, place of work, or chosen domicile, he shall not do or his statement is incomplete or incorrect, so that it is not possible to announce it.
If, after the commencement of the litigation, the opponent or any other party has canceled his domicile or chosen domicile or his place of business and his opponent has not declared such a declaration, it shall be correct to declare it in the domicile or the old place of business.
7.1.6 – Appointment calculation
(17 – 17)
Article 17
If the deadline is estimated in days, months or years, it shall not be counted on the day of the announcement or the day on which the matter considered in the eyes of the law takes effect. Action may be taken only after the expiry of the last day of the deadline.
If the time is estimated in hours, the calculation of the hour at which it starts and the time that elapses on the advanced face.
The dates specified in the month or year shall be calculated in the Gregorian calendar, unless the law provides otherwise.
7.1.7 – Time of distance
(18 – 18)
Article 18
If the time limit is specified in the law to attend or to initiate a procedure, the time limit shall be increased by sixty days for those who are domiciled outside the State of Kuwait.
It may be ordered by the judge of provisional matters to shorten this time according to the circumstances and announce this order with the paper.
This deadline shall not apply to a person who announces to him in Kuwait while in Kuwait.
7.1.8 – Invalidity
(19 – 21)
Article 19
The procedure shall be null and void if the law stipulates that it is invalid, or if it is imperfect if there is a material defect which causes damage to the opponent.
A nullity shall not be rendered in spite of the stipulation if the measure does not cause damage to the opponent.
Article 20
It shall not be permissible to hold invalidity except from the law which has been declared invalid in its favor.
Nullity shall be null and void if it is dropped, explicitly or implicitly, by a person who has proceeded in his favor, except in cases where it concerns public order.
Article 21
The invalid action may be corrected even after the invalidity is invoked, provided that this is done within the time prescribed by law to take the action.
7.1.9 – Judge of Temporary Matters
(22 – 22)
Article 22
The judge of the provisional matters in the plenary court shall be the president of the court or his substitute, or whoever deputizes for it from its judge.
Article 22 bis
Judgments of the total court shall be issued by three judges, except in cases where the law provides for a single judge.
The Supreme Judicial Council may entrust the presidency of some tripartite chambers to advisers from the Court of Appeal for a renewable period of two years. This is at the request of the President of the Court and in accordance with the rules and regulations issued by a decision of the Council.
