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 809An undisclosed partnership. Its nature. It is characterized by concealment and the absence of legal personality, capital, and a firm name, and its contract is not subject to registration in the commercial register. - TheCivil Matters — Volume 10 · Source page ١٧٥
  2. Principle 810A limited liability company ceasing payment of its debts. Its effect: its bankruptcy as a juridical person. Bankruptcy does not extend to its shareholders or partners. The reason therefor. - Bankruptcy rules. Matters of Civil Matters — Volume 10 · Source page ١٧٦
  3. Principle 811Proceedings are unaffected by any change in the representative of a legal person. The basis thereof: the intended party to the proceedings is the legal person itself, not its representative. The reason therefor: a changeCivil Matters — Volume 10 · Source page ١٧٦
  4. Principle 812Capacity to litigate. A necessary condition for the validity of litigation. It is established only for a natural person or a legal person. A sole proprietorship is not considered a legal person. Its owner is the person wCivil Matters — Volume 10 · Source page ١٧٦
  5. Principle 813Cooperative societies. They are established by natural or legal persons for a fixed or indefinite term. Societies may be established whose membership is restricted to a group of citizens sharing common circumstances accoCivil Matters — Volume 10 · Source page ١٧٦
  6. Principle 814Joint-stock companies without a concession or monopoly, that is, closed companies. Their incorporation procedures. They do not acquire legal personality or commence their business until after entry in the commercial regiCivil Matters — Volume 10 · Source page ١٧٦
  7. Principle 815Managers in a limited liability company. Who has the right to pursue them and the reason therefor. Article 204 of the Commercial Companies Law. - When a partner may bring the company’s action. The limit thereof. An exampCivil Matters — Volume 10 · Source page ١٧٧
  8. Principle 816Directing service to a branch of a juridical person. Its condition. The service must relate to matters falling within that branch's activity. An example concerning invalidity of service for being directed to a warehouse Civil Matters — Volume 10 · Source page ١٧٧
  9. Principle 817A limited liability company terminates upon one of the events specified by law. The nature of those events. The death of a partner does not entail termination of the company; rather, his share passes to his heirs or its Civil Matters — Volume 10 · Source page ١٧٧
  10. Principle 818The criterion for capacity is the establishment of the litigant's legal personality, whether a natural or legal person. Its absence. Its effect. Absolute nullity of the proceedings, relating to public policy. An example Civil Matters — Volume 10 · Source page ١٧٧
  11. Principle 819The legislature's establishment of a general committee attached to the Council of Ministers, competent to invite tenders for the State and its governmental bodies, receive bids, decide upon them, and award the tender. ItCivil Matters — Volume 10 · Source page ١٧٧
  12. Principle 820Commercial companies other than an undisclosed partnership. Possess legal personality independent of the personality of their partners.Civil Matters — Volume 10 · Source page ١٧٨
  13. Principle 822The Kuwait Stock Exchange. Its enjoyment of independent legal personality and its capacity to dispose of its assets. - The elements and constituent features of a public institution, including undertaking the management oCivil Matters — Volume 10 · Source page ١٧٨
  14. Principle 823Determining the principal liable for the subordinate’s fault. The relevant time is when the right to compensation arose. This is not altered by the subordinate’s transfer to the supervision and direction of another princCivil Matters — Volume 10 · Source page ١٧٨
  15. Principle 824A limited liability company has juridical personality independent of the personalities of its partners. Import thereof. Its partners do not acquire merchant status and are not liable for its debts except to the extent ofCivil Matters — Volume 10 · Source page ١٧٩
  16. Principle 825A joint-stock company. It may bring a liability action against the chairman and members of the board of directors in all cases in which any direct damage to the company results from acts of fraud, abuse of authority, vioCivil Matters — Volume 10 · Source page ١٧٩
  17. Principle 826Commercial companies other than undisclosed partnerships. They possess legal personality independent of that of their partners. Mentioning their distinctive name, without mentioning their legal representative's name, sufCivil Matters — Volume 10 · Source page ١٧٩
  18. Principle 827A foreign judgment rendered in matters of capacity and status. It has res judicata effect before Kuwaiti courts without requiring an enforcement formula. The reason: it is a legal fact that must be recognized and does noCivil Matters — Volume 10 · Source page ١٧٩
  19. Principle 828The requirement that the Kuwaiti partners' share of the capital be no less than 51% of the company's capital. It is incompatible with the nature of an undisclosed partnership. The reason: its lack of legal personality anCivil Matters — Volume 10 · Source page ١٨٠
  20. Principle 829A sole proprietorship. It is not a legal person. Implication thereof: its existence derives from the person of its owner, and it has no entity or legal existence independent of the person of its proprietor. Rather, it isCivil Matters — Volume 10 · Source page ١٨٠
  21. Principle 830An undisclosed partnership. Its nature: it is formed between two or more persons, is characterised by concealment, has no legal personality, and is managed by one of the partners who does not legally represent the partneCivil Matters — Volume 10 · Source page ١٨٠
  22. Principle 831An undisclosed partnership. Its nature. Its lack of juridical personality. Its existence, dissolution, or liquidation may be proved by all means of proof. - The criterion for the existence of an undisclosed partnership cCivil Matters — Volume 10 · Source page ١٨٠
  23. Principle 832A legal person. What is required for its creation. - An establishment without legal personality has no capacity to acquire rights and bear obligations, nor does it have capacity to be a party to proceedings. Reason thereCivil Matters — Volume 10 · Source page ١٨٠
  24. Principle 833A company is liquidated upon its dissolution. How liquidation is conducted and the liquidator's powers. The company retains its legal personality throughout the time taken by liquidation and to the extent necessary thereCivil Matters — Volume 10 · Source page ١٨٠
  25. Principle 834An undisclosed partnership. Its nature: a partnership formed between two or more persons, characterised by concealment, having no legal personality, no capital or firm name, and not subject to registration in the commercCivil Matters — Volume 10 · Source page ١٨١

  26. المطالبة بالحق

    Principle 838Interest in an action. It is sufficient for its existence that the claimant merely seeks confirmation of a right or status protected by law which the defendant disputes, so that he benefits from bringing his action for aCivil Matters — Volume 10 · Source page ١٨٢
  27. Principle 839The plea that the claimant lacks standing to claim the right. A substantive defence established for the benefit of its holder. A litigant's raising it forfeits his right to raise a procedural plea. Example. - 182 - The rCivil Matters — Volume 10 · Source page ١٨٢
  28. Principle 840The defendant has standing in the action whenever the right claimed therein exists against him. Example.Civil Matters — Volume 10 · Source page ١٨٣
  29. Principle 841The defendant has standing in the action whenever the right claimed therein exists against him. - Ascertaining a litigant's standing in the action. A matter of fact determined independently by the trial court without revCivil Matters — Volume 10 · Source page ١٨٣
  30. Principle 842Standing in an action. It exists in the defendant whenever the right claimed therein exists against him. - Ascertainment of a party's standing in an action. A matter of fact, provided it is reasonable. Example.Civil Matters — Volume 10 · Source page ١٨٣
  31. Principle 843Interest in an action. Its nature. It is sufficient to assert a right or status protected by law and disputed by the defendant. Article 2 of the Civil and Commercial Procedure Law.Civil Matters — Volume 10 · Source page ١٨٣
  32. Principle 844The defendant has standing in the action whenever the right claimed therein exists against him.Civil Matters — Volume 10 · Source page ١٨٣
  33. Principle 845The person concerned must claim from the Public Institution for Social Security, in writing, any of the rights prescribed in the Social Security Law within five years from the date on which those rights are deemed payablCivil Matters — Volume 10 · Source page ١٨٣
  34. Principle 846A party contracting with earnest money, upon withdrawing from the contract. Does not breach an obligation but exercises a right vested in him. Reason therefor: lawful permissibility precludes liability. Articles 74, 75, Civil Matters — Volume 10 · Source page ١٨٤
  35. Principle 847Invalidity of a contract concluded by a non-Kuwaiti owing to the prohibition contained in the Commercial Code or any other legislation. Does not preclude the right to claim his rights on another legal basis. - The appellCivil Matters — Volume 10 · Source page ١٨٤
  36. Principle 848Revocation of a payment order for a reason unrelated to the petition for its issuance, but based on the absence of one of the substantive conditions for its issuance. The obligation to proceed with examining the merits oCivil Matters — Volume 10 · Source page ١٨٤

  37. الواقعة المنشئة للحق

    Principle 849The tenant's payment of rent for the leased premises on its due dates. Mandatory so long as he enjoys them. Interference by a third party and deprivation of his enjoyment on a legal ground. Its effect. He may seek rescisCivil Matters — Volume 10 · Source page ١٨٤
  38. Principle 850Submission of the statement of claim or application is the event giving rise to the right to collect court fees the claimant's obligation to pay them. Once the action or application is legally brought before the court. TCivil Matters — Volume 10 · Source page ١٨٤
  39. Principle 852An administrative decision issued by an authority empowered to issue it creates the right it establishes. Its effects arise from the day it is issued. The case in which the right-holder derives his right directly from thCivil Matters — Volume 10 · Source page ١٨٥
  40. Principle 853Judgments that have acquired res judicata effect. Conclusive as to the matters they have determined in the dispute. That effect may not be overturned by new factual evidence or legal arguments not previously raised in thCivil Matters — Volume 10 · Source page ١٨٥
  41. Principle 854Decisions issued by the administrative authority to express its will in performing its function. Their issuance by it is either pursuant to discretionary power or bound power in which there is no freedom of discretion; rCivil Matters — Volume 10 · Source page ١٨٥

  42. إثبات الحق

    Principle 857A creditor's release of his debtor. The obligation is extinguished thereby. The condition therefor. That the creditor have acquired the right subject to the release and that it have vested in him. The reason therefor: thCivil Matters — Volume 10 · Source page ١٨٦
  43. Principle 858The right to rely upon letters. Its extension to everyone for whom they contain evidence. The condition thereof. That the letter come into the hands of the person relying upon it by lawful means and that its submission nCivil Matters — Volume 10 · Source page ١٨٦
  44. Principle 859Proof of the obligation rests upon the creditor, and proof of discharge rests upon the debtor. A claimed right that is not established by legally recognized evidence is as nonexistent.Civil Matters — Volume 10 · Source page
  45. Principle 860Evidence by which rights may be established. What does not constitute such evidence. - A right not established by its legally recognized evidence is equivalent to non-existence. Example.Civil Matters — Volume 10 · Source page
  46. Principle 861Proof of the obligation. It rests upon the creditor. The debtor may prove discharge from it. - Failure to establish the claimed right by legally admissible evidence. Its effect. It is treated as nonexistent. - 186 - RighCivil Matters — Volume 10 · Source page
  47. Principle 862A claimed right that is not established by legally recognised evidence. It is tantamount to nonexistence.Civil Matters — Volume 10 · Source page
  48. Principle 863Failure to establish the claimed right by legally recognized evidence. It is considered as equivalent to non-existence.Civil Matters — Volume 10 · Source page
  49. Principle 864The means whereby rights are established. Specified by the legislature. Failure to establish the claimed right by legally recognized evidence renders it tantamount to nonexistence. - Copies of private instruments. Have nCivil Matters — Volume 10 · Source page
  50. Principle 865A missing person is deemed dead from the date of the judge's judgment. The doctrine of Imams Malik and Abu Hanifa. His life before that does not establish for him rights that did not exist, so he does not inherit from anCivil Matters — Volume 10 · Source page
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