KCC 144/2001 issued on 28/09/2002
This case involved which law should be applied to a Kuwaiti citizen on obligatory bequest. The relevant law should be applied regardless of religious sect.
Background
The claimants filed a case against defendants before the court. They requested the court to dismiss the deed of the determination of heirs dated on 02/04/2000.
The court said that the claimants should be added to the deed.
The fourth defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.
The claimants appealed the ruling before the court of cassation. They said in their grounds of appeal that the appealed ruling had erred in the application of law. They said that the court established its ruling on the grounds that the Jafari laws had nothing to do with the rules of obligatory bequest.
Decision
The court said that this argument was valid. The court said that the rules of Kuwait Law No. 5/1971 regarding the obligatory bequest were general ones and should be applied to all Kuwaiti citizens regardless of their religious sect. The court said that the court should have applied the rules of the mentioned laws on the case.