المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

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  1. في المسائل المدنية والتجارية

    Principle 485Engaging in trade is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the Gulf CooperationCivil Matters — Volume 10 · Source page ١٠٥
  2. Principle 486The Economic Agreement among the Gulf Cooperation Council States, approved by the State of Kuwait by Law 5 of 2003. It accorded equal treatment to citizens of these states in all economic fields. Its implication. CitizenCivil Matters — Volume 10 · Source page ١٠٦
  3. Principle 487The absence of a special provision in Book 2 of the Commercial Code concerning discharge of the guarantor's liability. Its implication. Application to him of the general provisions on obligations in the Civil Code. The rCivil Matters — Volume 10 · Source page ١٠٦
  4. Principle 488A lawyer's relationship with his client. The provisions on agency stipulated in the Civil Code apply thereto. - The failure of Law 42 of 1964 concerning regulation of the legal profession to regulate the means by which aCivil Matters — Volume 10 · Source page ١٠٦
  5. Principle 489The absence from Law No. 26 of 1995 concerning Free Zones of a provision permitting a foreign investor to conduct his commercial and industrial activities within free zones without a Kuwaiti partner. Its effect. ApplicatCivil Matters — Volume 10 · Source page ١٠٦
  6. Principle 490Industrial plots are considered State assets falling within its private ownership. They are subject to the provisions of private law. Dealings concerning them follow the same pattern as dealings between individuals. WherCivil Matters — Volume 10 · Source page ١٠٦
  7. Principle 491Recourse shall not be had to the provisions of the general law where a special law exists, except in respect of provisions omitted by the special law. - 106 - The Law. The reason therefor: the impermissibility of disregaCivil Matters — Volume 10 · Source page ١٠٦
  8. Principle 492Application of the general provisions on obligations in the Civil Code where no special provision exists. The Commercial Code containing no special provisions concerning the extent of the guarantor's discharge in certainCivil Matters — Volume 10 · Source page ١٠٧
  9. Principle 493All types of insurance. Their subjection to the provisions of the Civil Code, with due regard to what special legislation provides for a particular type thereof. Article 809, Civil Code. - Transfer of ownership of the inCivil Matters — Volume 10 · Source page ١٠٧
  10. Principle 494Grounds relating to public order. The Court of Cassation may raise them of its own motion even if they were not included in the appeal petition and were not previously invoked before the court of merits. The condition foCivil Matters — Volume 10 · Source page ١٠٧
  11. Principle 495A lawyer’s agency. Its formation, termination and all its other rules are subject to the general rules relating to the agency contract in the Civil Code, except for the special provisions concerning that agency containedCivil Matters — Volume 10 · Source page ١٠٨
  12. Principle 496A disposition by a debtor subject to Law No. 41 of 1993 concerning the State's purchase of certain debts in favour of a relative up to the second degree. It is ineffective against the State if it does not bear an authentCivil Matters — Volume 10 · Source page ١٠٨
  13. Principle 497The Riyadh Arab Agreement for Judicial Cooperation containing no provision governing the lapse of judgments. Its effect. Article 118 of the Commercial Code must be applied concerning prescription of obligations arising fCivil Matters — Volume 10 · Source page ١٠٨
  14. Principle 498A foreign company pursuant to Law 5 of 1961 regulating legal relations containing a foreign element is an economic enterprise possessing independent legal personality. The law applicable thereto. The state's sole ownershCivil Matters — Volume 10 · Source page ١٠٩
  15. Principle 499The civil legal. Its regulation of the provisions governing the gift contract, whether in form or substance. Its import. Exclusion of its specific provisions from matters of personal status. Its effect. Jurisdiction of tCivil Matters — Volume 10 · Source page ١٠٩
  16. Principle 500A gift preceding the issuance of Amiri Decree No. 19/1959 promulgating the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of Civil Matters — Volume 10 · Source page ١٠٩
  17. Principle 501A contract agency agreement and a distribution agreement are governed by Articles 271 through 285 of the Commercial Code. - Provisions prescribing special limitation periods for certain rights. They must be interpreted nCivil Matters — Volume 10 · Source page ١٠٩
  18. Principle 502Law 36 of 1964 concerning the regulation of commercial agencies(*). Its inclusion of the general provisions governing those agencies. Its effect. The rule that no unregistered agency is recognized and no action concerninCivil Matters — Volume 10 · Source page ١١٠
  19. Principle 503Industrial plots. They are considered State private property and are subject to the provisions of private law. The State's approval of an assignment by the allottee of the industrial plot. Its effect. A direct relationshCivil Matters — Volume 10 · Source page ١١٠
  20. Principle 504The loan granted by the Credit and Savings Bank to beneficiaries of government plots to construct housing thereon. Guaranteed by the government until the date the borrower’s title deed is issued. The bank’s failure to reCivil Matters — Volume 10 · Source page ١١٠
  21. Principle 505The provision in Article 12 of Law 19 of 2000 concerning support for the national workforce and encouraging it to work in non-governmental entities, imposing a tax of 2.5% of annual net profits on Kuwaiti companies listeCivil Matters — Volume 10 · Source page ١١٠

  22. في مسائل الإيجارات

    Principle 506Kuwait Finance House is a Kuwaiti shareholding company. Its subjection, in respect of the banking services and operations it conducts, all aspects of its activities, and the rights resulting or obligations arising therefCivil Matters — Volume 10 · Source page ١١١
  23. Principle 507A lease falling outside the provisions of Law 35/1978. Its implication. Application of the Commercial Code or another law, as the case may be. - Ascertaining the true nature of the relationship and its inclusion of essenCivil Matters — Volume 10 · Source page ١١١
  24. Principle 508A lease contract falling outside the provisions of Law 35/1978. Its import. The Civil Code applies to it. - A fixed-term contract ends upon expiry of its term. Unless its extension is agreed upon.Civil Matters — Volume 10 · Source page ١١١
  25. Principle 509The Real Estate Lease Law. Cases falling outside its scope of application. Application of the Commercial Code or other laws, as the case may be.Civil Matters — Volume 10 · Source page ١١١
  26. Principle 510The Rentals Circuit of the Court of First Instance is vested with exclusive jurisdiction to hear all disputes relating to leases and compensation arising therefrom, including jurisdiction to hear grievances against paymeCivil Matters — Volume 10 · Source page ١١١
  27. Principle 511The criterion for the application or non-application of the provisions of the Real Estate Lease Law to a lease of premises is to ascertain the contracting parties’ intention in order to determine whether the contents incCivil Matters — Volume 10 · Source page ١١٢
  28. Principle 512The jurisdiction of the Rentals Circuit of the Court of First Instance is established only where the dispute presented to the court concerns a provision of Decree-Law 35 of 1978 concerning the lease of real property.Civil Matters — Volume 10 · Source page ١١٢
  29. Principle 513Law 35 of 1978 concerning the leasing of real estate. What falls outside its scope of application.Civil Matters — Volume 10 · Source page ١١٢
  30. Principle 514Application of the provisions of Law 35 of 1978 concerning real property leases to real property, including vacant land leased for residential purposes. Exception for agricultural land and a contract containing essentialCivil Matters — Volume 10 · Source page ١١٢
  31. Principle 515Contracts containing essential terms unfamiliar in ordinary leases. Their exclusion from the scope of application of Decree-Law 35 of 1978 concerning Real Estate Leasing. Article 1 thereof. Its effect. Its subjection to Civil Matters — Volume 10 · Source page ١١٢
  32. Principle 516Law 35 of 1978 concerning the Leasing of Real Estate. It does not apply to lease contracts in certain cases, including contracts containing material terms unusual in ordinary leases. Reason therefor. These terms constituCivil Matters — Volume 10 · Source page ١١٢
  33. Principle 517A lease intended for speculation to achieve financial profit. The provisions of the Rent Law do not apply to it. It is subject to the provisions of the Commercial Code or other provisions, as the case may be. An example.Civil Matters — Volume 10 · Source page ١١٣
  34. Principle 518Law No. 35 of 1978 concerning Real Estate Leasing. What falls outside its scope of application. - The leasing circuit. When its jurisdiction is established. A judgment issued in a dispute within that circuit’s jurisdictiCivil Matters — Volume 10 · Source page ١١٣
  35. Principle 519The Real Estate Lease Law. It excluded from its scope of application leases in certain cases set out under a rule encompassing them. - The Lease Circuit of the Court of First Instance has jurisdiction only where the dispCivil Matters — Volume 10 · Source page ١١٣
  36. Principle 520Law No. 35 of 1978 concerning real property leases. What falls outside its scope of application. - Interpretation and construction of contracts, ascertainment of the true relationship between the parties and their intentCivil Matters — Volume 10 · Source page ١١٣
  37. Principle 521Exclusion of a lease contract from the scope of application of the Real Estate Leasing Law. Its effect. Application of the general rules of the Civil Code. Example.Civil Matters — Volume 10 · Source page ١١٤
  38. Principle 522Law 35 of 1978 concerning the Leasing of Real Estate. It does not apply to lease contracts in certain cases, including contracts containing material terms unusual in ordinary leases. Reason therefor. These terms constituCivil Matters — Volume 10 · Source page ١١٤

  39. في مسائل التحكيم

    Principle 523The impermissibility of appealing judgments rendered in rental disputes by the Rentals Circuit of the Court of Appeal. Its criterion: that the circuit has decided a rental dispute whose determination requires applicationCivil Matters — Volume 10 · Source page ١١٤
  40. Principle 524Arbitration tribunals. Their subjection to the provisions regulating arbitration in the Law of Procedure insofar as they do not conflict with their provisions. - Application to recuse a judge. Waiver thereof has no effecCivil Matters — Volume 10 · Source page ١١٤
  41. Principle 525The arbitrator's obligation to respect the rules prescribed in the arbitration chapter, respect the general principles of the Code of Procedure, and protect the rights of defence. - The permissibility, exceptionally, of Civil Matters — Volume 10 · Source page ١١٥
  42. Principle 526Arbitral tribunals are subject to the provisions contained in Law 11 of 1995 concerning judicial arbitration (1) and the provisions of the Code of Procedure insofar as they do not conflict with the provisions of the firsCivil Matters — Volume 10 · Source page ١١٥
  43. Principle 527Arbitration is an exceptional avenue of litigation confined to what the will of its parties encompasses. The implication of this. A litigant's recourse to the courts in a matter agreed to be arbitrated. A violation of thCivil Matters — Volume 10 · Source page ١١٥

  44. في المسائل الإدارية والخدمة المدنية

    Principle 528Arbitral tribunals are subject to the provisions contained in Law No. 11 of 1995 concerning Judicial Arbitration. The basis thereof. Their subjection to the provisions of the Civil and Commercial Procedures Law insofar aCivil Matters — Volume 10 · Source page ١١٥
  45. Principle 529A grievance against administrative decisions: all its papers are sent to the Department of Legal Opinions and Legislation, accompanied by the opinion of the administrative - 115 - The Law authority issuing the administraCivil Matters — Volume 10 · Source page ١١٥
  46. Principle 530Service of statements of claim in administrative actions is effected at the premises of the Department of Legal Advice and Legislation, which is charged with appearing for the Government to defend it and signing statemenCivil Matters — Volume 10 · Source page ١١٦
  47. Principle 531An employee appointed by contract. The provisions of the Civil Service Law(*) apply to him in respect of matters for which no specific provision appears in the contract concluded with him. The basis thereof. Either partyCivil Matters — Volume 10 · Source page ١١٦
  48. Principle 532Positions are filled by appointment, promotion, transfer, or secondment. Appointment. How it is effected. Non-Kuwaitis may be appointed only temporarily and by contract. The law applicable in this respect is Law No. (15)Civil Matters — Volume 10 · Source page
  49. Principle 534The existence of a special law. Its effect. No recourse is made to the provisions of the general law in matters not regulated by the special law. The reason thereof. The special legal rule does not repeal the general rulCivil Matters — Volume 10 · Source page
  50. Principle 535Public markets designated for public benefit. Their occupation is in return for a fee, not rent, and pursuant to temporary licences that are not binding on the licensing authority, which may cancel or revoke them before Civil Matters — Volume 10 · Source page
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