Conditions of guardianship in Kuwaiti law
Mandate conditions:
1- Self-guardianship and custody lawsuits. The law applicable to them when the parents' doctrine is different. Law 51 of 1984 regarding personal status, considering the father is Kuwaiti and the mother is Syrian.
- The doctrine of Imam Malik rules the case when one of the parties is a Sunni sect and the other is a Jafari sect.
The Jaafari sect. Mandated to apply its provisions.
2- The principle of guardianship over the child's money is to be for his father or for the guardian chosen by his father or grandfather. Fell behind.
Its effect: Establishing the state to manage the affairs of minors.
Cases that.
- To assess the availability of the minor's interest in replacing another guardian with the Public Authority for Minors Affairs or the lack thereof. objective.
3- Female custody for the male. When it ends: with puberty, that is, with the emergence of known natural signs, or by the completion of fifteen years of age without their appearance.
The effect of that: the disappearance of guardianship over himself, in which he disputes himself with regard to his own affairs.
The youngster reaches fifteen years of age. Only he has the right to file a lawsuit requesting the imposition of maintenance. Filing a lawsuit from his mother, requesting maintenance for him. Unacceptable. Example .
4- Adherence to foreign legislation. The mere fact that the plaintiff must bring evidence before the trial court.
- The contestant did not submit an official copy of the Egyptian law despite her adherence to implementing its provisions. Performer that. No, the appellate court has to deflect that defense.
5- Request to sign the attachment of the insane, the lunatic, the negligent and the foolish. The stakeholder in it. The administration of minors' affairs and everyone who has an interest.
Filing the case from the incubator for the children of the requested confiscation. permissible. The reason for that: Paying the harm and taking care of the interests of her children from it.
6- The interests of the young. Make her mandate for his parents. Distributing the street the rights they are obligated to, so the mother has to raise him and take care of him in the first stage of his life, and the father has the mandate to dispose of himself and his money because he is better for her than the mother. The General Authority for Compensation shall deposit the funds of the minor in the bank so that the mother has the right to dispose of it. Refer to the authority of the guardian.
7- The custodian and the guardian differ over the fostered child in matters other than his service.
Its performance. The matter is for the guardian because of his mandate to act by himself. Example of orientation for a specific type of education or craft.
8- paternal grandfather. A legal guardian over the child's money by force of law in the absence of the father or the guardian chosen on the father's side. It is not permissible to withdraw him from the state except for an acceptable excuse
9- The guardian disposes of the minor's property without the court's permission.
Its effect: the nullity of the act as a relative nullity in the interest of the minor alone, unless a leave of absence is attached to him after puberty or by someone who has the mandate to conduct the disposition on him in the first place.
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