Provisions for imposing judicial custody in accordance with Kuwaiti law.
Conditions for imposing judicial receivership:
Whereas, according to Article 736 of the Civil Code, custody is: placing a “disputed” money in the hands of a trustee, if its remaining in the hands of its holder would threaten the person who “claims for himself a right to it” provided that the trustee is responsible for preserving, managing and returning To those who have the right to prove it.
The imposition of judicial receivership, according to the provisions of the first paragraph of Article 32 of the Law of Procedure, is the jurisdiction of the urgent judiciary, whether it is on movable property or real estate or a group of funds, “in which a dispute arises or the right to it is not fixed”, if it collects The “person with an interest in money” has reasonable grounds, as he fears an urgent danger of the money remaining in the hands of its holder.
Whereas that was, and it was decided legally, in jurisprudence and judiciary, that: “It is a condition for the urgent jurisdiction of a specific judiciary to look into the guard case that the elements of judicial custody be available before it, and that he also has a condition of his competence: one who is urgent and does not prejudice the principle of right. Consequently, for the specific jurisdiction to be held to hear the guard case before the summary court, the following conditions must be met:
Dispute.
The risk.
Urgency.
Not to prejudice the origin of the right.
That the guardhouse be capable of entrusting its management to others.
[[Latifa, reference: “Urgent Judiciary” - by the counselor / Ezz El Din Al-Danasouri and another - Judges Club edition 1986 - p. 428 and after]]
It is established, then, in jurisprudence and judiciary, that in order to impose judicial receivership, all of the following five conditions must be met:
First - The existence of a dispute regarding the money subject to custody: and that this dispute is serious, based on valid reasons, and is confirmed by the appearance of the papers. What is meant here is a conflict in its broad sense, as it includes the dispute focusing on the movable or the real estate or the sum of the funds to be placed under guard, And that the dispute relates to this money in connection that requires that it not remain in the hands of its holder, it is not sufficient to impose receivership merely to say sent by the plaintiff that there is a dispute between him personally and the defendant.
Second - The existence of a serious urgent risk: and that this urgent serious risk is based on a serious document that is disclosed by the appearance of the papers in the case and its circumstances, and if the judge urges the urgent matter - from the appearance of the papers and documents - the lack of seriousness of the risk claimed by the plaintiff, he shall rule that he does not have jurisdiction, as if It becomes clear to him that the risk is delusional in the mind of the plaintiff, or that it is an artifact risk on the part of the plaintiff by actions he committed that serves his lawsuit.
Third - Urgency: It is the real danger to the money that is to be preserved, which needs to be avoided with a speed that is not usually in the ordinary litigation procedures, and it is so if it is severe, it is not sufficient for its availability mere desire of the plaintiff to obtain a judgment of his requests, but it is available if he intended to Urgent action prevents assured damage that, if it occurs, may be irreparable.
Fourth - Not to prejudice the origin of the right: If it becomes clear to the urgent judiciary that what is required of it is an objective request, or that the judgment that it will issue with receivership would affect the origin of the right, it shall rule that it has no jurisdiction.
It is decided in the Egyptian Court of Cassation that: “The judicial receivership lawsuit is a temporary precautionary measure that does not affect the subject matter of the right.
[[Civil Cassation, in Appeal No. 168 of the Judicial Year 32 - Session 11/22/1966 AD Group of Technical Office - Year 17 - P.1705 - Paragraph 2]]
Fifth - The ability of the guardhouse to entrust its management to others.
Sixth - In addition to the aforementioned, another condition is added, which is: that the person who filed the case has an interest in putting this money under escort.
Mr. Muhammad Ali Ratib summarized these conditions by saying: “The urgent judge is competent to impose judicial receivership on a movable, real estate, or group of money in respect of which a dispute has arisen or the right to it is not fixed. If the owner of the money collects from reasonable reasons what he fears an urgent danger from The money remains in the possession of the holder, and this means that for the jurisdiction of the urgent judiciary to impose judicial receivership, the elements of guarding such as “conflict” and “danger” and “the ability of the guard place to be entrusted with its management to others” are required, in addition to the availability of a condition of its jurisdiction of: “urgency” And "not to prejudice the origin of the right." This, and what is meant by the dispute in this regard is the conflict in its broad sense, as it includes the dispute concerning the movable or the real estate or the sum of the funds to be placed under escort, or the dispute related to this money in connection that requires that it not remain in the hands of its holder, and the dispute requiring custody as it concerns ownership or possession may It focuses on the rent and how it is distributed to the shareholders or to the administration, and it is required that it be serious and on the basis of validity confirmed by the appearance of the documents and the circumstances of the case, and the urgent jurisdiction of the judiciary to look into the custody case must also meet in the case the condition of "urgent risk" which is not sufficient to prevent litigation procedures Ordinary, and this risk must be serious based on a document from the grandfather revealed by the appearance of the case papers and its circumstances, and the case must also have the element of urgency, which is the real danger to the money to be preserved, which needs to be avoided quickly, which is not usually in ordinary litigation, even if its deadlines are short. It arises from the nature of the right to be preserved and the circumstances surrounding it, not from the actions of the litigants or their agreement, and the imposition of judicial receivership by the urgent judge is required not to prejudice the origin of the right, and finally the money is required to be The custody solution can be entrusted to others.
[[Latifa, reference: “Urgent Matters Judgment” - by Professor / Muhammad Ali Ratib and others - 1985 edition - pp. 474: 492 and 570]]
The Egyptian Court of Cassation ruled that: “The receivership lawsuit - and according to what was done by this court’s judiciary - is not a substantive lawsuit, as it does not affect the origin of the right and is not considered a decisive factor in it. Appreciated ”.
[[Civil Cassation, in Appeal No. 7 of the Judicial Year 51 - Session 1/30/1985 AD]]
_ For more information and free legal advice, we are honored to contact you via a mobile phone 50424375 📱
#lawyer #attorney #worklaw #housemaid #worker #law #court #release #visa #transfervisa #intracompanytransfervisa #lawfirm #release #transfer_visa#passport#indemintry #sallary_issue #run_away_case #abscond_case #marriage #contract_marriage#family_cases #DIVORCE_CASE #divorce_contract #child_custody #custody_issue #alimony_case #child_support #expense_issue #criminal_issues #drugs_case #drug_issue #Drunk_driving #alcohol_abuse_issue #assault_case #homicide_issue #kimbyala_case #remove_ravel_ban #Rental_issues #law_firm_In_kuwait#kuwait #kuwait #kuwaitinstagram #kuwaitcity #kuwaiti #kuwaitwomen #kuwaitfashion #lawyeredup #lawyermom #lawyerinthemaking #lawyerslife #lawyering #lawyerfashion #lawyersoffice #lawyers #lawyerjokes #futurelawyer #lawyerlifestyle #lawyersfashion #lawyerstyle #lawyergirl #lawyerproblems #lawyerup #lawyerstatus #lawyertobe #lawlesslawyer #lawyerlife #lawyer #instalawyer #immigrationlawyer #lawyersofinstagram #lawyerquotes #criminallawyer #kuwaiti #kuwaitgirls #kuwaitpic #kuwaitfashion #kuwaitlove #kuwaitpho #kuwaitinsta #kuwaitvape #kuwait__kuwait #kuwaitart #kuwait_city #kuwaitinstgram #kuwait_photo #prilaga #kuwaitfood #kuwait #kuwaityat #kuwaity #kuwait #kuwaitstyle #kuwaityiat_net #kuwaitcity #kuwaitphoto #kuwaitcars #kuwaitwomen #kuwaitinstagram
