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. محل الالتزام

    Principle 1206Activities relating to insurance of all kinds. Commercial activities. The necessary consequence. The provisions of the Commercial Code apply to them - 255 - Obligation including entitlement to statutory interest as compeCivil Matters — Volume 10 · Source page ٢٥٥
  2. Principle 1207An obligation whose subject matter is the payment of a sum of money. Absolute impossibility does not apply to it.Civil Matters — Volume 10 · Source page ٢٥٦
  3. Principle 1208Awarding interest from the due date of the commercial debt. Its confinement to where the subject matter of the monetary obligation is of a known amount when it arises. If its determination is not based on fixed grounds iCivil Matters — Volume 10 · Source page ٢٥٦
  4. Principle 1209The subject matter of an obligation. The condition that its performance be possible. The debtor's undertaking of what is impossible. Its effect. Nullity of the obligation and nullity of the contract creating it. Example.Civil Matters — Volume 10 · Source page ٢٥٦
  5. Principle 1210Identification of the subject matter of an obligation. A factual matter subject to the trial judge’s assessment. Its direct determination. Not necessary. It is sufficient for the contract to contain a basis for its deterCivil Matters — Volume 10 · Source page ٢٥٦
  6. Principle 1211Awarding statutory interest from the date the commercial debt falls due. Limited to cases where the subject matter of the monetary obligation is of a determined amount when it arises. If not: interest runs from the date Civil Matters — Volume 10 · Source page ٢٥٦
  7. Principle 1212Multiplicity of sources of an obligation while its object remains one. Effect thereof. The creditor may claim the entire debt from all the debtors or any one of them because they are liable for it in solidum, and none maCivil Matters — Volume 10 · Source page ٢٥٦
  8. Principle 1213The debtor's delay in performing a commercial obligation whose subject is a sum of money of a known amount when the obligation arises. His obligation to pay the creditor statutory interest of 7% as compensation for delayCivil Matters — Volume 10 · Source page ٢٥٦
  9. Principle 1214Naming the prize with a name that does not contravene public policy or morals. Its conditions not involving unlawfulness in the subject matter or cause of the obligation. Its effect. The promisor may not be compelled to Civil Matters — Volume 10 · Source page ٢٥٧
  10. Principle 1215Actions brought against a foreigner who has neither domicile nor residence in Kuwait and relating to an obligation that arose, was performed, or was required to be performed in Kuwait. Jurisdiction of the Kuwaiti courts Civil Matters — Volume 10 · Source page ٢٥٧
  11. Principle 1216The insurer’s coverage. Its limit. The object to which it committed itself, namely the risks specified in the insurance policy.Civil Matters — Volume 10 · Source page ٢٥٧
  12. Principle 1217The seller's obligation not to interfere with the buyer's enjoyment. Indivisible by the nature of its subject, which is abstention from an act. - Suspension of prescription in favor of a person of diminished capacity. A Civil Matters — Volume 10 · Source page ٢٥٧
  13. Principle 1218Agreed compensation is an advance agreement assessing the compensation payable for the debtor's breach of his obligation where the subject matter of the obligation is not a sum of money. Existence of this agreement. Its Civil Matters — Volume 10 · Source page ٢٥٧
  14. Principle 1219An obligation whose subject matter is an act or abstention from an act must have a possible subject matter. If it is impossible. The obligation does not arise and the contract is void. - The meaning of impossibility: objCivil Matters — Volume 10 · Source page ٢٥٨
  15. Principle 1220The employer's insurance against workplace accidents. Its nature. Liability insurance where the risk concerns the insured's property, not his person, and its subject is the money owed by the insured. - The insured's coveCivil Matters — Volume 10 · Source page ٢٥٨

  16. الإيجاب والقبول

    Principle 1222Formation of a contract. Its condition. Acceptance must coincide with the offer on all matters. Acceptance not matching the offer by differing from it through addition or omission. Is considered a rejection containing a Civil Matters — Volume 10 · Source page ٢٥٩
  17. Principle 1223A contract does not come into existence unless its parties concur on what is necessary for the offer and acceptance to correspond regarding the essential matters.Civil Matters — Volume 10 · Source page ٢٥٩
  18. Principle 1224A contract between absent parties is not concluded unless the offeror learns of the acceptance, unless there is an express or implied agreement or a statutory provision to the contrary. Example concerning an assignment oCivil Matters — Volume 10 · Source page ٢٥٩
  19. Principle 1226Implied acceptance of an offer. How it occurs. Adopting a position which, in the circumstances, leaves no doubt that it signifies such acceptance. An example of its absence. Express objection to an increase in freight chCivil Matters — Volume 10 · Source page ٢٥٩
  20. Principle 1227A consensual contract. Its formation. The conjunction of offer and acceptance. A legally effective offer. Its definition. Its conditions. Corresponding acceptance. Its condition. What is required for conclusion of the coCivil Matters — Volume 10 · Source page ٢٥٩
  21. Principle 1228The insured’s signature on the insurance policy. Not required for completion of the insurance contract. The reason for this.Civil Matters — Volume 10 · Source page ٢٥٩
  22. Principle 1229Determining the existence of the elements of a sale contract. Within the trial court's authority, provided it is reasonable. - 259 - ObligationCivil Matters — Volume 10 · Source page ٢٥٩
  23. Principle 1230Ascertaining the facts, drawing inferences, and assessing whether agreement occurred and acceptance matched the offer. Within the authority of the court of merits.Civil Matters — Volume 10 · Source page ٢٦٠
  24. Principle 1231Withdrawal of an offer is permissible so long as acceptance has not been joined to it. An exception is where the offeror fixes a period for the offeree to accept or reject; the offer remains binding throughout the specifCivil Matters — Volume 10 · Source page ٢٦٠
  25. Principle 1232An insurance contract is a consensual contract. The insured's signature on its policy. Not necessary. Reason therefor. His signature on the insurance application constitutes a definitive offer. His silence for thirty dayCivil Matters — Volume 10 · Source page ٢٦٠
  26. Principle 1233The general rule in consensual contracts. Their formation. Through the concurrence of offer and acceptance between persons present at a single meeting. This is permissible by telephone. - The criterion for characterisingCivil Matters — Volume 10 · Source page ٢٦٠
  27. Principle 1234Volition is an essential element of a contract. When it exists in a contracting party. Assessing its existence. A question of fact within the exclusive province of the trial judge.Civil Matters — Volume 10 · Source page ٢٦٠
  28. Principle 1235Ascertaining the contracting parties' intention at the time of contracting. Within the authority of the court of merits. The condition for that.Civil Matters — Volume 10 · Source page ٢٦٠
  29. Principle 1236The presumption that every obligation rests on a lawful cause unless evidence to the contrary is established. Cause includes the inducing, motivating incentive if contemplated in the contract. - 260 - ObligationCivil Matters — Volume 10 · Source page ٢٦٠
  30. Principle 1238The price is an element of a sale contract. Failure to agree on fixing it or making it determinable. Its effect. Nullity of the sale unless it appears that the contracting parties intended to transact at the price customCivil Matters — Volume 10 · Source page ٢٦١
  31. Principle 1239The worker's rights are established by mandatory rules relating to public policy. Its effect. Invalidity of their waiver. - Termination of the employment relationship. Its effect. An acknowledgment issued by the worker wCivil Matters — Volume 10 · Source page ٢٦١
  32. Principle 1240Telephone communication as an accepted means for banks to conduct foreign-currency purchase and sale transactions. Banking custom. Its rationale. Speed in concluding transactions.Civil Matters — Volume 10 · Source page ٢٦١
  33. Principle 1241The rule for consensual contracts is that they are concluded merely by the conjunction of offer and acceptance. An undisputed signature thereon suffices to complete the contract. - A litigant alleging that acceptance wasCivil Matters — Volume 10 · Source page ٢٦١
  34. Principle 1242Expression of intent. When it takes effect. Its reaching the person to whom it is directed. A presumption of his knowledge thereof. - The management appointed over the bank by the Iraqi occupation authorities. Its represCivil Matters — Volume 10 · Source page ٢٦١
  35. Principle 1243Expression of intention may be express or implied. When silence is deemed acceptance.Civil Matters — Volume 10 · Source page ٢٦١
  36. Principle 1244Contract. Its definition. The connection of offer with acceptance to produce an effect prescribed by law. - 261 - ObligationCivil Matters — Volume 10 · Source page ٢٦١
  37. Principle 1245Implied acceptance by the person to whom the offer is addressed. The condition for its occurrence. Adopting a position whose indication of such acceptance leaves no room for doubt in the circumstances. - Expressing a resCivil Matters — Volume 10 · Source page ٢٦٢
  38. Principle 1246Enactment of Law No. 5 of 1959 concerning Real Estate Registration. Its scope is limited to making the transfer of rights in rem occur through registration, to the exclusion of the other provisions of the contract. Its eCivil Matters — Volume 10 · Source page ٢٦٢
  39. Principle 1247The parties to a contract reaching agreement on all its essential matters and the concurrence of offer and acceptance. A condition for its formation.Civil Matters — Volume 10 · Source page ٢٦٢
  40. Principle 1248An offer is the proposal that unequivocally expresses the intention of the person issuing it to conclude a particular contract. Upon its conjunction with a matching acceptance, the contract is concluded, and neither partCivil Matters — Volume 10 · Source page ٢٦٢
  41. Principle 1249Conclusion of insurance between the parties in the manner prescribed by Article 779 of the Civil Code. How it takes place. An example.Civil Matters — Volume 10 · Source page ٢٦٢
  42. Principle 1250An offer is the proposal by which its maker unequivocally expresses his intention to conclude a particular contract. Conjunction of a matching acceptance with that offer. Its effect. Formation of the contract. DetermininCivil Matters — Volume 10 · Source page ٢٦٢
  43. Principle 1251An expression of intent may be express or implied by adopting any position whose circumstances leave no doubt as to its indication of the truth of what is intended by it. Silence is considered acceptance if accompanied bCivil Matters — Volume 10 · Source page ٢٦٢
  44. Principle 1252The term contract applies to every agreement intended to produce a legal effect. - Consensual contracts are completed and concluded merely by the concurrence of offer and acceptance. The subject matter of the obligation Civil Matters — Volume 10 · Source page
  45. Principle 1253Formation of an agreement. Its condition. Acceptance must correspond to the offer. Their divergence. Its effect. The agreement is not concluded. Implied acceptance. It occurs through adopting a position whose indication Civil Matters — Volume 10 · Source page
  46. Principle 1254An insurance contract is a consensual contract. The criterion for its formation. The insured’s signature on the insurance policy. Not required.Civil Matters — Volume 10 · Source page
  47. Principle 1255Conclusion of an insurance contract. Offer and acceptance. The insured's signature on the insurance application suffices as an offer, and the insurer's delivery to him of the policy signed by the insurer suffices as an oCivil Matters — Volume 10 · Source page
  48. Principle 1256The worker's right arises pursuant to mandatory rules relating to public policy. The right to waive it or compromise it arises after termination of the employment relationship. The reason: it is a financial right belongiCivil Matters — Volume 10 · Source page
  49. Principle 1257Jurisdiction of the Administrative Circuit. A matter of public order. It does not arise in respect of contracts unless they are administrative. For a contract to be regarded as such, it is not sufficient that one party iCivil Matters — Volume 10 · Source page
  50. Principle 1258A sale contract. A consensual contract. It is formed merely by the exchange of two matching expressions of intention concerning the sale, the thing sold and the price. No particular form is required for its formation. ItCivil Matters — Volume 10 · Source page
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