الإطار النظري والعملي ووسائل الإصلاح لقانون محكمة الأسرة الكويتي رقم 12 لسنة 2015 : دراسة تحليلية نقدية

Abstract

The Kuwaiti legislator has given concern to Kuwaiti Family issues through the provision of Kuwaiti Personal Status Law No. 51 of 1984, and Law No. 12 of 2015. The Kuwaiti legislator has also taken into account of the nature and the charistirstic of Personal Status and its issues, and their sensitivity related children and spouses, and taken into consideration in separating matrimonial causes issues and their cases from the criminal cases and counterparts since their nature does not consider as has the same nature and to be in one place. The Kuwaiti legislator has confereted the "Family Prosecution Affairs" responsibility on Personal Status cases which has been under the power of the Public Prosecution. Meanwhile, the Public Prosecution has the right to intervene in the case on its own discretion if the matter affects negatively public order. Public order in this regard means the provision oflslamic Sharia Law, and in particular the cases indicated in Article (338) of the Personal Status Law No. (51) of 1984. In fact, some of the provisions of the Kuwaiti Family Court Law raise a number of legal problems, such as the system of orders on petitions for the judge of temporary matters, the interference of the "Family Affairs Prosecution in some Personal Status cases, the right of the Public Prosecution to appeal by cassation in the appeals rulings by the Personal Statuts Court, and the issues of implementation of judgments issued to separate the spouses, or to consider the missing person dead, as well as prohibiting the way of cassation in the judgments issued by the appeal Court according to specific restrictions. The study found that the Kuwaiti Family Court Law did not address the issues related to referring the appeal of summary judgments, which that makes litigants to be outside the jurisdiction of the Family Court, and to appeal the summary judgment before the Court of Appeal outside the jurisdiction of the Family Court. The study recommends restoring and keeping the right of cassation to the litigants, as it is one of the rights of defense, and the execution shall not be stoped and raises the power of judgments in terms of the application of the law to the court of cassation from a supervisory authority, where in practice shows that there are appellate rules that contain errors in the application of the law, or deficiencies that caused Judgment or hard violation in judicial papers.