المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. الشخص الاعتباري

    Principle 758Private legal persons whose head office is abroad and which conduct activities in Kuwait. Their business domicile for purposes of domestic law. It is the place where the local management is located. Assessment of the exiCivil Matters — Volume 10 · Source page ١٦٧
  2. Principle 759A sole proprietorship has neither juridical personality nor an independent patrimony. Its connection to its owner’s patrimony. It must be sued in the person of its owner.Civil Matters — Volume 10 · Source page ١٦٧
  3. Principle 760The conditions necessary for a contract to be considered administrative. One of its parties must be a public juridical person contracting in its capacity as a public authority. It must relate to the activity of a public Civil Matters — Volume 10 · Source page ١٦٧
  4. Principle 761A sole proprietorship is part of its owner's patrimony and has no legal personality. Mentioning the sole proprietorship in the appeal petition coupled with its owner's name, and the petition's disclosure of him in its muCivil Matters — Volume 10 · Source page ١٦٧
  5. Principle 762Tortious fault. Its criterion. Breach of a legal duty. A juridical person's representative deviating from the requisite conduct in managing its affairs, resulting in harm to others. Tortious fault.Civil Matters — Volume 10 · Source page ١٦٧
  6. Principle 763Incorporation of joint-stock companies whose shares are not offered for public subscription. How their legal personality is established. Its condition. Entry in the Commercial Register and publication in the Official GazCivil Matters — Volume 10 · Source page ١٦٧
  7. Principle 764An expression of will. When it produces its effect. Its reaching the person to whom it is addressed. A presumption of his knowledge thereof. The management appointed over the bank by the Iraqi occupation authorities. ItsCivil Matters — Volume 10 · Source page ١٦٨
  8. Principle 765The cassation appeal petition. It must be signed by a lawyer. Omission of this procedure. Its effect. Nullity of the appeal. Article 153/2 of the Code of Procedure. This applies to all cassation appeal petitions filed, wCivil Matters — Volume 10 · Source page ١٦٨
  9. Principle 766The two elements of the coming into existence of a legal person. A sole proprietorship does not enjoy legal personality and does not have capacity to be a party to proceedings. The person conducting proceedings on its beCivil Matters — Volume 10 · Source page ١٦٨
  10. Principle 767Constitution of proceedings. Its condition. They must be brought through valid procedures and the party must have capacity to litigate, whether upon initially bringing the action, appealing the judgment issued therein, oCivil Matters — Volume 10 · Source page ١٦٨
  11. Principle 769The condition that the proportion of capital held by Kuwaiti partners must not be less than 51% of the company's capital. This condition is incompatible with the nature of a joint venture company because it lacks legal pCivil Matters — Volume 10 · Source page ١٦٨
  12. Principle 770A company has its own independent legal personality, separate from the persons of the partners composing it and from the personality of its legal representative. - 168 - RightCivil Matters — Volume 10 · Source page ١٦٨
  13. Principle 771An undisclosed partnership: its concealed nature, lack of legal personality, and absence of an independent patrimony. Liquidation does not apply to it. The reason therefor. - An undisclosed partnership agreement. A bilatCivil Matters — Volume 10 · Source page ١٦٩
  14. Principle 772Capacity to litigate. Its criterion. - A legal person. What is required for its creation. - A sole proprietorship is inseparable from its owner's person and has no legal personality independent of him. Contravention of tCivil Matters — Volume 10 · Source page ١٦٩
  15. Principle 773Undisclosed partnerships have no existence in relation to third parties and have no personality independent of the personality of the partners.Civil Matters — Volume 10 · Source page ١٦٩
  16. Principle 774Kuwait Airways Corporation. A public corporation among public-law persons. This is not affected by its retention of its commercial approach and its not being bound in that respect by the rules of government departments aCivil Matters — Volume 10 · Source page ١٦٩
  17. Principle 775The two elements necessary for the creation of a juridical person. - An establishment lacking legal personality is not capable of acquiring rights and assuming obligations and has no capacity to be a party to litigation.Civil Matters — Volume 10 · Source page ١٦٩
  18. Principle 776A judgment's omission of a defence raised by a litigant, or its response thereto in terms that do not address it, entails nullity of the judgment if that defence is material and affects the result reached. Example. - 169Civil Matters — Volume 10 · Source page ١٦٩
  19. Principle 777A limited liability company. It must be registered in the Commercial Register. It acquires legal personality only after such registration. - A contract for which the legislature prescribes a special form. Failure to compCivil Matters — Volume 10 · Source page ١٧٠
  20. Principle 778A cooperative society. Its enjoyment of juridical personality independent of the personalities of its members. Stating its distinctive name without the name of its legal representative when it sues or is sued. SufficientCivil Matters — Volume 10 · Source page ١٧٠
  21. Principle 779Service on companies. Its manner. An example of service at the company's management headquarters. - Superfluous elaboration in the judgment. Does not vitiate it. Example.Civil Matters — Volume 10 · Source page ١٧٠
  22. Principle 780A company's right to bring a liability action against the chairman and members of the board of directors. Its prerequisite. Direct damage to it resulting from acts tainted by fraud and abuse of authority, violation of thCivil Matters — Volume 10 · Source page ١٧٠
  23. Principle 781A juridical person whose head office is abroad and which conducts activities in Kuwait, and which did not specify in its statement of claim its place of business or local head office in Kuwait. Service of the notice of aCivil Matters — Volume 10 · Source page ١٧٠
  24. Principle 782Limited liability companies are dissolved upon the occurrence of one of the matters specified by law. What those matters are. The death of a partner does not result in the company's dissolution and has no effect on the cCivil Matters — Volume 10 · Source page ١٧١
  25. Principle 783Commercial companies possess legal personality independent of that of their partners. Mentioning their distinctive name is sufficient for bringing an action by or against them, without the need to mention the name of theCivil Matters — Volume 10 · Source page ١٧١
  26. Principle 784Service upon companies. Its procedures. - The prohibition on delivering a copy of the process to a person managing the premises or to an employee there in the absence of the person to be served. Article 9 of the Code of Civil Matters — Volume 10 · Source page ١٧١
  27. Principle 785A sole proprietorship. It is not a juridical person with an independent patrimony. - The successor to whom ownership of the business has passed. He is prohibited from using his predecessor's trade name unless that name hCivil Matters — Volume 10 · Source page ١٧١
  28. Principle 786Private juridical persons whose principal office is abroad and which conduct activities in Kuwait. Their business domicile for purposes of domestic law is considered to be the place where the local administration is situCivil Matters — Volume 10 · Source page ١٧١
  29. Principle 787The joint-stock company in both its forms. Of whom it is composed, how it is incorporated and publicized, and when it acquires legal personality. - Incorporation of open or closed joint-stock companies. Commercial acts. Civil Matters — Volume 10 · Source page ١٧١
  30. Principle 788Possession satisfying its conditions and continuing for fifteen years. A presumption of ownership in favor of the possessor, whether an individual or a person - 171 - RightCivil Matters — Volume 10 · Source page ١٧١
  31. Principle 789Demanding from shareholders the outstanding value of their shares during the company's existence and before its termination. How this is done: it may recover its entitlement itself by offering the shares for sale at publCivil Matters — Volume 10 · Source page ١٧٢
  32. Principle 790A legal person. Its nature. - An establishment that does not enjoy legal personality lacks capacity to acquire rights. Example.Civil Matters — Volume 10 · Source page ١٧٢
  33. Principle 791A limited liability company is dissolved and its assets liquidated in accordance with the same rules and grounds prescribed for the dissolution and liquidation of joint-stock companies. - The court of merits has authoritCivil Matters — Volume 10 · Source page ١٧٢
  34. Principle 792An establishment without legal personality is an element of its owner's patrimony. Its implication. It lacks capacity to be a party to proceedings and therefore may not litigate; its owner conducts proceedings concerningCivil Matters — Volume 10 · Source page ١٧٢
  35. Principle 793Rules governing service on companies and private juridical persons. Service must first be directed to their head office, to their legal representative, a person responsible for their management, a general partner, or somCivil Matters — Volume 10 · Source page ١٧٢
  36. Principle 794A company is liquidated upon its dissolution. How liquidation is conducted and the liquidator's powers. - A change in the representative of a legal person has no effect on the course of the action. - 172 - The rightCivil Matters — Volume 10 · Source page ١٧٢
  37. Principle 795Issuance of a power of attorney by the representative of a legal person. The termination of that representative's capacity does not affect its validity or continuation. Issuance of a new power of attorney by the new reprCivil Matters — Volume 10 · Source page ١٧٣
  38. Principle 796Joint-stock companies possess juridical personality independent of the persons of their partners. Its implication. Their patrimony is separate from the partners' patrimony and their assets from the partners' assets. - ThCivil Matters — Volume 10 · Source page ١٧٣
  39. Principle 797Service on a private legal person. A copy thereof is delivered at its management headquarters; otherwise it is void. Article 1, Civil Procedure Code. - The judgment's determination of the respondent company's domicile anCivil Matters — Volume 10 · Source page ١٧٣
  40. Principle 798The chairman of the board of directors of a commercial company. He represents it in dealings with third parties, and his deputy takes his place in his absence. The company’s board of directors may elect one or more managCivil Matters — Volume 10 · Source page ١٧٣
  41. Principle 799A company is a juridical person existing in its own right and independent of the persons of its partners. Consequence thereof. Its patrimony is independent and separate from the patrimonies of the partners. - 173 - The rCivil Matters — Volume 10 · Source page ١٧٣
  42. Principle 800The Office for Liquidation of Forward Share Transactions. It enjoys independent juridical personality and is represented before the courts by its supervisor or an employee of the Office authorized by him. - A power of atCivil Matters — Volume 10 · Source page ١٧٤
  43. Principle 801Commercial companies(*) possess legal personality independent of that of their partners. Mentioning their distinctive name suffices for bringing an action by or against them, without the need to mention their legal repreCivil Matters — Volume 10 · Source page ١٧٤
  44. Principle 802Companies have legal personality independent of the personality of their partners or representatives.Civil Matters — Volume 10 · Source page
  45. Principle 803The company's independent legal personality being established from its formation. Its implication. Its patrimony is separate from the patrimonies of its partners. Its effect.Civil Matters — Volume 10 · Source page
  46. Principle 804Petition for appeal in cassation. It must be signed by a lawyer. Omission thereof. Its effect. Absolute nullity of the appeal relating to public policy. This applies to all petitions for appeal in cassation, whether fileCivil Matters — Volume 10 · Source page
  47. Principle 805Classification of a contract as an administrative contract. Its condition. One of its parties must be a public juridical person contracting in its capacity as a public authority, the contract must relate to the activity Civil Matters — Volume 10 · Source page
  48. Principle 806A limited liability company. Comprises a number of persons not exceeding thirty. Each partner’s liability therein is limited to his share in the capital. The independence of the company’s legal personality from the persoCivil Matters — Volume 10 · Source page
  49. Principle 807Capacity to litigate. Its vesting in natural persons and juridical persons. - How a juridical person comes into being through its substantive and formal elements. The law’s failure to recognize such personality for any cCivil Matters — Volume 10 · Source page
  50. Principle 808A sole proprietorship. It is not a juridical person with an independent patrimony but is part of its owner's patrimony. Its implication: registration of a trademark in its name is nothing other than registration in its oCivil Matters — Volume 10 · Source page
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