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. تنفيذ العقد

    Principle 2253Establishing the fault giving rise to contractual liability and assessing the existence of damage and a causal relationship. Questions of fact for the court of merits.Civil Matters — Volume 10 · Source page ٤١٩
  2. Principle 2254The debtor’s failure to perform his contractual obligation. Fault giving rise to his liability. His proof that non-performance is attributable to force majeure, an extraneous cause beyond his control, or the other contraCivil Matters — Volume 10 · Source page ٤١٩
  3. Principle 2255The contract is the law of the contracting parties. It must be performed in accordance with its provisions consistent with the requirements of good faith and honorable dealing. - Determining the fault giving rise to contCivil Matters — Volume 10 · Source page ٤١٩
  4. Principle 2256Contractual liability and tortious liability. The legislature assigned each separate provisions, an independent legal regime, and a defined scope for their provisions. The consequence thereof. The existence of a contractCivil Matters — Volume 10 · Source page ٤١٩
  5. Principle 2257Determining whether a contracting party is in default or not in default in performing his obligation. Within the trial court’s authority, and the Court of Cassation has no authority over it in that respect. Its conditionCivil Matters — Volume 10 · Source page ٤٢٠
  6. Principle 2259Claiming compensation for delay in executing the works within the agreed period pursuant to the agreed penalty clause. Incompatible with claiming interest for delay in paying the compensation awarded by the judgment to tCivil Matters — Volume 10 · Source page ٤٢٠
  7. Principle 2260Failure by one party to a bilaterally binding contract to perform his contractual obligation. Its effect. Compensation of the other injured party.Civil Matters — Volume 10 · Source page ٤٢٠
  8. Principle 2261The contract shall be performed in accordance with its provisions and the requirements of good faith and honorable dealing.Civil Matters — Volume 10 · Source page ٤٢٠
  9. Principle 2262Assessing a contracting party’s breach of obligation giving rise to contractual liability, determining the facts of the action, and assessing evidence and experts’ work. Within the authority of the court of merits. It isCivil Matters — Volume 10 · Source page ٤٢٠
  10. Principle 2263Existence of a contractual relationship between the litigants. Its effect. Recourse to the rules of unjust enrichment and restitution of undue payment is impermissible.Civil Matters — Volume 10 · Source page ٤٢١
  11. Principle 2265Determining whether a contracting party is in default or not in default in performing his obligations, understanding the facts of the case, and adopting the expert's report. Within the authority of the court of merits. ICivil Matters — Volume 10 · Source page ٤٢١
  12. Principle 2266Inferring fault, assessing a contracting party's breach of an obligation giving rise to contractual liability, and determining damage and the compensation redressing it. Matters of fact for the trial court. Its conditionCivil Matters — Volume 10 · Source page ٤٢١
  13. Principle 2267Failure by either party to a contract binding on both parties to perform his obligation. Its effect: it gives rise to compensation for the other party injured as a result of this breach. - Ascertaining the facts of the aCivil Matters — Volume 10 · Source page ٤٢١
  14. Principle 2268Contractual liability and tortious liability. The legislator assigned to each provisions independent of the other and defined the scope of each. - The existence of a legal relationship with defined parties and scope, andCivil Matters — Volume 10 · Source page ٤٢١
  15. Principle 2270The debtor's failure to perform his obligation. A fault giving rise to his liability, and the injured party bears the burden of proving the damage.Civil Matters — Volume 10 · Source page ٤٢٢
  16. Principle 2271The seller's obligation to deliver the thing sold with the description agreed upon in the contract. Absence of that description. The buyer has the option either to rescind the contract or retain it, with compensation in Civil Matters — Volume 10 · Source page ٤٢٢
  17. Principle 2272The occurrence of an exceptional general calamity that was not contemplated and could not have been foreseen, after conclusion of the contract and before full performance of the obligation arising from it, resulting in pCivil Matters — Volume 10 · Source page ٤٢٢
  18. Principle 2274The contract is the law of the contracting parties. The consequence thereof. It must be performed in accordance with the provisions it contains. An example.Civil Matters — Volume 10 · Source page ٤٢٢
  19. Principle 2275The effects of a contract concluded by an agent exceeding the limits of the agency extending to the principal. Its condition. The latter's ratification thereof. Inferring that ratification. A matter of fact independentlyCivil Matters — Volume 10 · Source page ٤٢٢
  20. Principle 2276The contract is the law of the contracting parties. Unilateral revocation or amendment of its provisions by either party. Impermissible. - The debtor’s nonperformance of his contractual obligation. A fault giving rise toCivil Matters — Volume 10 · Source page ٤٢٢
  21. Principle 2277Each contracting party, in respect of reciprocal obligations that are due, has the right to plead non-performance of his obligation if the other contracting party fails to perform his obligation, and may withhold what heCivil Matters — Volume 10 · Source page ٤٢٣
  22. Principle 2278The debtor's failure to perform his contractual obligation. A fault giving rise to his liability. An example concerning the appellant's breach of her obligation contained in the agreement and the respondent's entitlementCivil Matters — Volume 10 · Source page ٤٢٣
  23. Principle 2279The contract is the law of the contracting parties. Neither may revoke or amend it except within the limits permitted by agreement or prescribed by law. - The contract must be performed according to its provisions and inCivil Matters — Volume 10 · Source page ٤٢٣
  24. Principle 2281Total destruction of the leased property. Its effect. Automatic dissolution of the lease. It is immaterial whether the destruction is attributable to force majeure, the lessor's fault, the lessee's fault, or a third partCivil Matters — Volume 10 · Source page ٤٢٣
  25. Principle 2282The contract is the law of the contracting parties. The consequence thereof: it is considered, in relation to its parties, equivalent to law, or a law specific to them, even though its origin is agreement.Civil Matters — Volume 10 · Source page ٤٢٤
  26. Principle 2283The contract must be performed in accordance with its provisions and in a manner consistent with the requirements of good faith and integrity in dealings. Art. 197, Civil Code.Civil Matters — Volume 10 · Source page ٤٢٤
  27. Principle 2284A contract binding on both parties. Failure of one contracting party to perform its obligation. Its effect. The other contracting party may seek its rescission after formally placing the defaulting party on notice. - AssCivil Matters — Volume 10 · Source page ٤٢٤
  28. Principle 2285Performance of the contract. It must accord with the requirements of good faith and honorable dealing, not only as regards determining its content but also as regards determining the manner of its performance.Civil Matters — Volume 10 · Source page ٤٢٤
  29. Principle 2286A contract is to be performed in accordance with its contents and consistently with good faith and honourable dealing. - Reciprocal obligations in a contract binding on both parties. Due for performance at the same time.Civil Matters — Volume 10 · Source page ٤٢٤
  30. Principle 2287A contract has the force of law for its parties. The effect thereof: neither may unilaterally revoke it or amend its provisions except within the limits permitted by agreement or prescribed by law.Civil Matters — Volume 10 · Source page ٤٢٤
  31. Principle 2288Clarity of the contractual wording in indicating the intention of the contracting parties. Its effect. It requires no interpretation. The judge must adopt its apparent meaning without departing from it. The reason therefCivil Matters — Volume 10 · Source page ٤٢٤
  32. Principle 2290The judgment's adoption, in defining salary when calculating the end-of-service gratuity for non-Kuwaiti non-commissioned officers, personnel and guards in the police force enrolled under a voluntary enlistment contract,Civil Matters — Volume 10 · Source page ٤٢٥

  33. دعوى صحة التعاقد

    Principle 2291The doctrine of unforeseen circumstances. The prerequisite for its application: performance of the debtor’s obligation must, as a result of the unforeseen event, become severely onerous for him, exceeding capacity and caCivil Matters — Volume 10 · Source page ٤٢٥
  34. Principle 2292An action for the validity of a contract. Was instituted to compel the contracting party who signed the contract to perform his obligation under it.Civil Matters — Volume 10 · Source page ٤٢٦
  35. Principle 2293The contract creating a right in rem. Its effect. It imposes upon the transferor an obligation in respect of that right, which he is compelled to perform specifically through registration by means of an action for validiCivil Matters — Volume 10 · Source page ٤٢٦

  36. عدم نفاذ العقد

    Principle 2294The purpose of an action for the validity and enforceability of a contract. Specific performance of the seller's obligations that would transfer ownership to the buyer. The reason for this. Granting the buyer's request fCivil Matters — Volume 10 · Source page ٤٢٦
  37. Principle 2295A disposition for consideration made by a bankrupt after the date of cessation of payments and before the judgment declaring bankruptcy. It may be adjudged ineffective against the body of creditors. The condition for thiCivil Matters — Volume 10 · Source page ٤٢٦

  38. الدفع بعدم التنفيذ والحق في الحبس

    Principle 2296The prohibition on a non-Kuwaiti engaging in commerce except with a Kuwaiti partner or partners holding at least 51% of the total capital. It is immaterial whether the non-Kuwaiti engages personally or by investing behinCivil Matters — Volume 10 · Source page ٤٢٦
  39. Principle 2297The defense of non-performance of an obligation. Its condition. The other contracting party’s default in a reciprocal and connected obligation, whether the connection arises from a statutory provision or a contractual coCivil Matters — Volume 10 · Source page ٤٢٧
  40. Principle 2298Failure by a party to the contract to perform his obligation in accordance with the conditions agreed upon in the contract. The other contracting party may suspend his own obligation toward his debtor. The debtor on the Civil Matters — Volume 10 · Source page ٤٢٧
  41. Principle 2299Reliance on the defence of non-performance of the contract. Its condition. It must not conflict with the requirements of good faith and integrity in dealings. Assessment thereof. Within the trial court’s authority.Civil Matters — Volume 10 · Source page ٤٢٧
  42. Principle 2300Each contracting party, in respect of reciprocal obligations that are due for performance, is entitled to plead non-performance of his obligation and to retain what he holds if the other contracting party refuses to perfCivil Matters — Volume 10 · Source page ٤٢٧
  43. Principle 2301The lapse of the warranty action for defects. Its effect. The lapse of the right of the person invoking the defense of non-performance and the lapse of his right to withhold the price. The reason therefor.Civil Matters — Volume 10 · Source page
  44. Principle 2303Exercise of the right of retention is subject to the established rule in transactions that the exercise of rights is constrained so as to preclude arbitrariness and abuse. Its effect. A person invoking his right to retaiCivil Matters — Volume 10 · Source page
  45. Principle 2304In contracts binding on both parties, the reciprocal obligations are due for performance. When a contracting party may refrain from performing its obligation. Example.Civil Matters — Volume 10 · Source page
  46. Principle 2305The defence of non-performance and the right of retention. Means of inducing the debtor to perform his obligations. Condition therefor. Good faith and absence of abuse in exercising the right.Civil Matters — Volume 10 · Source page
  47. Principle 2306The defense of non-performance in contracts binding on both parties. Its nature, the condition for invoking it, and its effect on reciprocal obligations. Assessment of its rules. Within the authority of the court of meriCivil Matters — Volume 10 · Source page
  48. Principle 2307The right of retention. A substantive defence. It may be invoked for the first time before the Court of Appeal where its conditions are satisfied. Article 318, Civil Code.Civil Matters — Volume 10 · Source page
  49. Principle 2308The defence of non-performance. Its basis. Connection and mutual cancellation in contracts binding on both parties. Each party’s obligation arising from an independent contract precludes invoking it under another contracCivil Matters — Volume 10 · Source page
  50. Principle 2309The defence of non-performance. Its basis. Connection and mutual cancellation in contracts binding on both parties. The arising of each party’s obligation under an independent contract precludes invoking it under anotherCivil Matters — Volume 10 · Source page
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