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. أثر العقد

    Principle 1546The judgment's giving effect to an agreement for withdrawal from an inheritance free from the defects of duress and exploitation. Rejection of the request to return what the contracting party knowingly provided. No defecCivil Matters — Volume 10 · Source page ٣١٠
  2. Principle 1547Obligations arising from a barter contract. Each exchanging party's obligation to transfer ownership of the thing exchanged by that party to the other party and to deliver it to that party.Civil Matters — Volume 10 · Source page ٣١٠
  3. Principle 1548The contract of carriage by sea. Its definition and effects. The carrier's obligation. An obligation to achieve a result. His liability is discharged only if he proves that the loss of or damage to the goods is attributaCivil Matters — Volume 10 · Source page ٣١٠
  4. Principle 1549The contract is the law of the contracting parties. Neither may unilaterally rescind it, amend it, or obtain exemption from its effects except within the limits permitted by the agreement or prescribed by law. Its scope,Civil Matters — Volume 10 · Source page ٣١٠
  5. Principle 1556Reliance on an unjust enrichment action to claim compensation for the lost benefit from carrying out brokerage activities whose practice was adjudged void for contravening public policy. These activities cannot serve as Civil Matters — Volume 10 · Source page ٣١١
  6. Principle 1557The husband's obligation to maintain his wife under a valid contract. An action for such maintenance shall not be heard in respect of a period exceeding two years ending on the date the action is brought, except by mutuaCivil Matters — Volume 10 · Source page ٣١١
  7. Principle 1558Transfer of debt. An agreement to transfer it from the liability of one debtor to another who takes that debtor’s place. It may be concluded between the creditor and the transferee, or the debtor and the transferee, or bCivil Matters — Volume 10 · Source page ٣١٢
  8. Principle 1559Existence of a contractual relationship. Its necessary consequence. No action for unjust enrichment lies. The reason for this.Civil Matters — Volume 10 · Source page ٣١٢
  9. Principle 1560The rule that merely entering an obligation in a current account is not deemed a novation thereof until the account balance is struck. The condition for its application. The intention of the parties to the account to incCivil Matters — Volume 10 · Source page ٣١٢
  10. Principle 1561The contract is the law of the contracting parties. Neither may unilaterally revoke or amend it. The limits of this.Civil Matters — Volume 10 · Source page ٣١٢
  11. Principle 1563A contract has the force of law for its parties. The effect thereof. Neither may unilaterally revoke it or amend its provisions.Civil Matters — Volume 10 · Source page ٣١٢
  12. Principle 1565Enrichment without lawful cause at another's expense. Its effect. The enriched person is obliged, within the limits of his enrichment, to compensate that other person so as to remove his loss. The other person may not haCivil Matters — Volume 10 · Source page ٣١٢
  13. Principle 1566The existence of a contractual relationship between the parties to the litigation. Its effect. No action for enrichment without cause lies. The reason for this. - 312 - Obligation - Calculating a worker's end-of-service Civil Matters — Volume 10 · Source page ٣١٢
  14. Principle 1567Non-application of the rule of enrichment without cause. Its criterion. The existence of a contract governing the relationship between the parties. Nullity of the contract or its not being recognised as the basis of the Civil Matters — Volume 10 · Source page ٣١٣
  15. Principle 1568The contract is the law of the contracting parties. Neither may unilaterally revoke or amend it. The limits of this.Civil Matters — Volume 10 · Source page ٣١٣
  16. Principle 1569The contract is the law of the contracting parties. It is regarded, as between its parties, as equivalent to law, or as a law particular to them, originating in the agreement between them. Import thereof. Neither may uniCivil Matters — Volume 10 · Source page ٣١٣
  17. Principle 1570The effect of a contract. Confined to its parties. The rights arising from it and the obligations generated by it extend only to its contracting parties and their universal successors. The parties to a contract may not iCivil Matters — Volume 10 · Source page ٣١٣
  18. Principle 1571The insurer and the third party responsible for a motor vehicle accident. The source of each one's obligation to pay compensation differs: the first one's obligation arises from the insurance contract and the second one'Civil Matters — Volume 10 · Source page ٣١٣
  19. Principle 1572Consensual contracts are completed and concluded merely by the conjunction of offer and acceptance. The offer recognized in this context. Its nature. This offer must contain at least the formulation of the contract intenCivil Matters — Volume 10 · Source page ٣١٣
  20. Principle 1573The rule of enrichment without cause. It may not be applied where a contract governs the relationship between the parties. The contract's nullity or its being disregarded as the basis of the action. Either contracting paCivil Matters — Volume 10 · Source page ٣١٤
  21. Principle 1574A Kuwaiti contracting with another, non-Kuwaiti person for commercial activities to be performed by the latter outside the State of Kuwait for his benefit. A valid contract creating reciprocal obligations binding on its Civil Matters — Volume 10 · Source page ٣١٤
  22. Principle 1575The provision in Article 202 of the Civil Code for the transfer of obligations connected with property to a particular successor. Its scope of application is the predecessor's obligations connected with the property formCivil Matters — Volume 10 · Source page ٣١٤
  23. Principle 1576The existence of a contractual relationship between the parties to the litigation. Its effect. No scope for an action for unjust enrichment.Civil Matters — Volume 10 · Source page ٣١٤

  24. الخطأ

    Principle 1577The effect of a contract. It extends only to its contracting parties and their universal successors. Dealing with a commercial establishment as an entity with regard to its trade name without considering the identity of Civil Matters — Volume 10 · Source page ٣١٤
  25. Principle 1578Inferring fault. A matter of fact. Independently assessed by the trial judge, provided that the inference is reasonable.Civil Matters — Volume 10 · Source page ٣١٥
  26. Principle 1579Characterizing an act as fault or not fault. A question of law. As for inferring the presence or absence of fault, it is a question of fact within the authority of the court of merits, provided its inference is reasonablCivil Matters — Volume 10 · Source page ٣١٥
  27. Principle 1580A ruling that a contracting party's delay in performing the obligation because the other contracting party ceased paying the amounts due for previous operations does not constitute fault. Correct.Civil Matters — Volume 10 · Source page ٣١٥
  28. Principle 1581Every wrongful act gives rise to liability for the loss incurred and the gain forgone. The condition for this. That both be a natural consequence of the act and could not have been avoided by the standard of an ordinary Civil Matters — Volume 10 · Source page ٣١٥
  29. Principle 1582Inferring fault giving rise to liability and assessing the existence of damage and the causal link between them. A factual matter within the exclusive competence of the court of fact. The condition for this.Civil Matters — Volume 10 · Source page ٣١٥
  30. Principle 1583The judgment's conclusion, within its discretionary authority, that the appellant's failure in supply caused the damage. Disputing this. A matter of merits. - 315 - ObligationCivil Matters — Volume 10 · Source page ٣١٥
  31. Principle 1592Ascertaining the act constituting fault giving rise to liability. Falls within the discretion of the court of merits so long as it is reasonable and derived from elements supporting it. - 316 - Obligation - CharacterizatCivil Matters — Volume 10 · Source page ٣١٦
  32. Principle 1594The Public Prosecution's decision to close the criminal case because it was extinguished by the accused's death. It has no binding effect in establishing fault giving rise to tort liability. It may be relied upon as circCivil Matters — Volume 10 · Source page ٣١٧
  33. Principle 1595The assignor warrants his personal acts vis-à-vis the assignee. A clause excluding the warranty is void. - Inferring fault giving rise to liability and assessing the existence of damage and causation. Within the authoritCivil Matters — Volume 10 · Source page ٣١٧
  34. Principle 1597Understanding the facts of the case and the presumptions presented therein, and inferring fault giving rise to liability. Within the trial court’s authority. Its condition.Civil Matters — Volume 10 · Source page ٣١٧
  35. Principle 1598Inferring fault giving rise to liability and the causal relationship between it and the harm. A factual matter within the trial court's authority. The condition thereof.Civil Matters — Volume 10 · Source page ٣١٧
  36. Principle 1599The Contracts Committee at the Public Ports Corporation. Its award decision does not create any right for the successful bidder against the administrative authority issuing the tender if that authority withdraws. The conCivil Matters — Volume 10 · Source page ٣١٧
  37. Principle 1600Appointing the bank as agent to collect the value of a cheque. It is subject to the agency provisions contained in the Civil Code, supplemented by banking custom.Civil Matters — Volume 10 · Source page ٣١٨
  38. Principle 1601The obligation of equivalent performance. Its source is unjust enrichment. - Establishing fault on the part of the contracting party obliged to make restitution or render equivalent performance upon invalidity of the conCivil Matters — Volume 10 · Source page ٣١٨
  39. Principle 1602Inferring fault giving rise to contractual liability. Within the trial court's authority. The condition thereof. - Civil liability. Its foundation is fault producing harm. - Fault producing harm. Its nature. Multiple risCivil Matters — Volume 10 · Source page ٣١٨
  40. Principle 1603The worker’s entitlement to lump-sum compensation in accordance with the schedule issued by a decision of the Minister of Social Affairs and Labour if injured during and because of work. Does not preclude claiming againsCivil Matters — Volume 10 · Source page ٣١٨
  41. Principle 1604Inferring or negating the causal relationship between the fault giving rise to liability and the damage. Within the trial court’s authority, provided its inference is reasonable. Contesting this. Factual argument inadmisCivil Matters — Volume 10 · Source page ٣١٨
  42. Principle 1605Establishing the fault giving rise to contractual liability and assessing the existence of damage and the causal relationship between them. A matter of fact for the court of merits. - Assessment of compensation making goCivil Matters — Volume 10 · Source page ٣١٨
  43. Principle 1606Characterising the act on which the claim for compensation is founded as a fault, or denying that characterisation. Within the power of the - 318 - Obligation trial court. Its being subject in this respect to review by tCivil Matters — Volume 10 · Source page
  44. Principle 1607The debtor's non-performance of his contractual obligation. A fault giving rise to his liability unless he proves that non-performance is attributable to force majeure, an extraneous cause, or the fault of the other contCivil Matters — Volume 10 · Source page
  45. Principle 1608Fault as an element of civil liability, whether tortious or contractual. Its meaning extends equally to intentional and unintentional acts.Civil Matters — Volume 10 · Source page
  46. Principle 1610Establishing fault giving rise to liability and assessing the existence of damage and the causal connection between them. Within the authority of the court of merits, provided its inference is based on sound reasons and Civil Matters — Volume 10 · Source page
  47. Principle 1612Inference of fault giving rise to liability, or its absence, is for the court of merits, provided its inference is reasonable and has an established basis in the case papers. If otherwise. The judgment is vitiated by defCivil Matters — Volume 10 · Source page
  48. Principle 1613Characterizing the act on which a claim for compensation is based as a fault, or denying that characterization. Within the authority of the court of merits. Subject therein to review by the Court of Cassation. - A judgmeCivil Matters — Volume 10 · Source page
  49. Principle 1614The entitlement of the worker or his heirs to lump-sum compensation under the Labour Law. Does not preclude claiming against the - 319 - Obligation employer liable for the damage remaining uncompensated. The condition thCivil Matters — Volume 10 · Source page
  50. Principle 1615Inferring fault giving rise to liability or its absence. Within the trial court’s authority where it bases its judgment on reasonable grounds.Civil Matters — Volume 10 · Source page
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