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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    Principle 2475Rescission of the sale contract as a result of the seller’s sale of the property sold renders the seller liable to compensate the buyer under the rules of tort liability.Civil Matters — Volume 10 · Source page ٤٥٧
  2. Principle 2476Recourse to the provisions governing sale in the Civil Code in relation to a contract for work is confined to cases where a defect exists in the work materials supplied by the contractor and the employer seeks rescissionCivil Matters — Volume 10 · Source page ٤٥٧
  3. Principle 2477Dealing in real estate in good faith. The legislature's protection thereof upon dissolution of the predecessor's contract. Presumption of good faith. The burden of proving its absence. Borne by the interested party. DeteCivil Matters — Volume 10 · Source page ٤٥٧
  4. Principle 2478Establishment of a breach of the obligation to transfer ownership of the sold real property by reselling it to another. Ordering rescission and compensation. Does not vitiate the judgment where its determination falls wiCivil Matters — Volume 10 · Source page ٤٥٧
  5. Principle 2479A fixed-term employment contract. Its rescission by the employer. His obligation to compensate the worker for all damage suffered as a result of rescission. What affects the determination of damage. - Limits of compensatCivil Matters — Volume 10 · Source page ٤٥٧
  6. Principle 2480The employer's right to terminate the contract and dismiss the worker while depriving the worker of the end-of-service gratuity. Article 55, Law 38/1964(*). The generality of the provision and its coverage of fixed-term Civil Matters — Volume 10 · Source page ٤٥٨
  7. Principle 2481Rescission of a contract binding on both parties. Its condition. The party seeking rescission must not be in default in performing its obligation, and the other party’s failure must be attributable to its default and notCivil Matters — Volume 10 · Source page ٤٥٨
  8. Principle 2482The employer’s obligation to compensate the worker upon rescinding his concluded fixed-term employment contract for reasons other than those specified in Article (55) of the Labour Law. What affects the assessment of comCivil Matters — Volume 10 · Source page ٤٥٨
  9. Principle 2483An express rescission clause. Requires rescission and deprives the judge of discretion concerning it. It must be applied once its triggering condition occurs, and the debtor cannot avert it by performing his obligation. Civil Matters — Volume 10 · Source page ٤٥٨
  10. Principle 2484One contracting party’s breach of his obligation under a contract binding on both parties. Its effect. The other contracting party’s right to seek judicial rescission. - Bringing an action seeking rescission. It includesCivil Matters — Volume 10 · Source page ٤٥٨
  11. Principle 2485Rescission of a contract binding on both parties. Its effect. Restoration of the original position. The condition for this. The contracting party seeking rescission must be capable of restoring the position existing befoCivil Matters — Volume 10 · Source page ٤٥٩
  12. Principle 2486The cause of the obligation in a contract binding on both parties is the other contracting party's obligation. - The general rules governing reciprocal obligations in contracts binding on both parties entitle the party oCivil Matters — Volume 10 · Source page ٤٥٩
  13. Principle 2487Acts emanating from public authorities and administrative decisions resulting in depriving the lessee of enjoyment of the leased property. Constitute force majeure. The lessor is not obliged to warrant against them but bCivil Matters — Volume 10 · Source page ٤٥٩
  14. Principle 2488Rescission applies only to a valid contract and cannot apply to a void or voidable contract.Civil Matters — Volume 10 · Source page ٤٥٩
  15. Principle 2489Documentary credit. Its nature. Independence of this contract from the contract by reason of which the documentary credit was opened. Opening a documentary credit may be a means of settling the price between the seller aCivil Matters — Volume 10 · Source page ٤٥٩
  16. Principle 2490The seller's failure to perform its obligation to deliver the thing sold at the specified time. Its effect. The contract is deemed rescinded unless the buyer notifies the seller that it insists on performance of the contCivil Matters — Volume 10 · Source page ٤٦٠
  17. Principle 2491Agreed rescission occurs by virtue of the agreement. An express resolutory condition brings about rescission automatically upon breach of the obligation. An implied resolutory condition. Its effect. Rescission is subjectCivil Matters — Volume 10 · Source page ٤٦٠
  18. Principle 2492A rescission clause does not necessarily entail rescission merely upon breach of an obligation unless its wording expressly and conclusively indicates that the contracting parties' intention was directed to it. The judgeCivil Matters — Volume 10 · Source page ٤٦٠
  19. Principle 2493Impossibility leading to automatic dissolution of the contract. Its condition. What does not constitute such impossibility. - Assessing the justifications for rescission of the contract and the sufficiency or insufficienCivil Matters — Volume 10 · Source page ٤٦٠
  20. Principle 2494The difference between the rights of the seller and purchaser in the event of a serious defect and the rules governing rescission.Civil Matters — Volume 10 · Source page ٤٦٠
  21. Principle 2495In contracts binding on both parties, a request for rescission requires that the contracting party requesting it be ready to perform its obligation. - Determining a contracting party's breach of its obligation warrantingCivil Matters — Volume 10 · Source page ٤٦٠
  22. Principle 2496The legislature's declaration in Article 53 of the Labour Law that what either party to an employment contract is obliged to pay upon termination of an indefinite-term contract does not exceed pay in lieu of notice if, bCivil Matters — Volume 10 · Source page ٤٦٠
  23. Principle 2497The purchaser's request to recover the price paid because the seller is unable to perform the obligation includes a request for rescission of the contract. - 460 - ObligationCivil Matters — Volume 10 · Source page ٤٦٠
  24. Principle 2499Damage warranting compensation for rescission consists of the loss suffered by the injured party and the gain he missed. Although an opportunity is a matter of probability, its loss is a certainty, and the law does not pCivil Matters — Volume 10 · Source page ٤٦١
  25. Principle 2500A contract binding on both parties. Failure of one contracting party to fulfil its obligation. Its effect. The other contracting party may seek its rescission. After placing that party in default. - An action seeking resCivil Matters — Volume 10 · Source page ٤٦١
  26. Principle 2501Inclusion in an administrative contract of rescission as a sanction for breach of the obligations arising therefrom. Its basis. This does not deprive the judiciary of its power to assess the appropriateness of rescissionCivil Matters — Volume 10 · Source page ٤٦١
  27. Principle 2502The employer's obligation to compensate the worker for all damage sustained by him if the employer rescinds the fixed-term contract for reasons other than those provided for by law, and unless there is a condition in theCivil Matters — Volume 10 · Source page ٤٦١
  28. Principle 2503The grounds for rescission of the contract and whether or not they are sufficient. Within the authority of the judge of merits. The condition therefor.Civil Matters — Volume 10 · Source page ٤٦١
  29. Principle 2504Impossibility of performance of a bilateral contract. Its effect. Rescission is deemed to have occurred. - Impossibility of performance by the seller under a sale contract because the thing sold has left his ownership. ICivil Matters — Volume 10 · Source page ٤٦١
  30. Principle 2505Failure of one contracting party to perform his contractual obligation. Its effect: the other contracting party may, after serving formal notice upon him, seek rescission of the contract. Assessment of the grounds therefCivil Matters — Volume 10 · Source page ٤٦١
  31. Principle 2507What either party to a contract of indefinite duration owes in the event of its termination vis-à-vis the other: payment in lieu of notice. - Compensation for termination. Confined to fixed-term contracts. Its assessmentCivil Matters — Volume 10 · Source page ٤٦٢
  32. Principle 2508Agreement by the parties to an employment contract to amend its terms during the employment relationship. Not prohibited. Basis thereof. What either party to an employment contract owes the other in the event of rescissiCivil Matters — Volume 10 · Source page ٤٦٢
  33. Principle 2509Real actions concerning real estate situated abroad. Excluded from the jurisdiction of the Kuwaiti judiciary. An action for rescission of the contract of sale of that property is not a real action. Example. - An unregistCivil Matters — Volume 10 · Source page ٤٦٢
  34. Principle 2510Assessing the justifications for rescission of the contract and the sufficiency or insufficiency of its grounds, and identifying the party in default or negating default on his part. Questions of fact exclusively for theCivil Matters — Volume 10 · Source page ٤٦٢
  35. Principle 2511In contracts binding on both parties, if one contracting party fails to perform his obligation when it falls due, the other contracting party may, after serving notice on him, request the judge to rescind the contract. ACivil Matters — Volume 10 · Source page ٤٦٢
  36. Principle 2512Bringing an action requesting rescission is deemed to include formal notice to the debtor to perform its obligation. Example.Civil Matters — Volume 10 · Source page ٤٦٢
  37. Principle 2513Failure by either contracting party, in contracts binding on both parties, to perform its obligation when it falls due permits the other contracting party, after formally putting it in default, to request the judge to reCivil Matters — Volume 10 · Source page ٤٦٢
  38. Principle 2514A contract, after its rescission, cannot serve as a basis for compensation. - A penalty clause is not confined to contractual liability. Example.Civil Matters — Volume 10 · Source page ٤٦٣
  39. Principle 2515Rescission of a contract binding on both parties. Its occurrence through impossibility of performance. This is established when the subject matter of the sale ceases to be owned by the seller.Civil Matters — Volume 10 · Source page ٤٦٣
  40. Principle 2516The lessor is obliged to enable the lessee to enjoy the leased property in a condition fit for the full intended enjoyment. The lessor’s breach of this obligation gives the lessee the right to seek rescission of the contCivil Matters — Volume 10 · Source page ٤٦٣
  41. Principle 2517One of the contracting parties to a contract binding on both parties bringing an action to rescind the contract for the other party's failure to perform his obligation. This is considered to include formal notice to him.Civil Matters — Volume 10 · Source page ٤٦٣
  42. Principle 2519The express resolutory condition of the contract. Its nature. An agreement by its parties in express wording that rescission must occur if either fails to fulfill his obligations, without the need to bring an action for Civil Matters — Volume 10 · Source page ٤٦٣
  43. Principle 2520The employer’s obligation to compensate the worker for damage resulting from termination of a fixed-term contract where termination is by the employer. Assessment of compensation in that regard in an amount not exceedingCivil Matters — Volume 10 · Source page
  44. Principle 2521Impossibility of performing a contract binding on both parties because ownership of the thing sold has passed from the seller to another who registered his contract. Its effect. Its rescission.Civil Matters — Volume 10 · Source page
  45. Principle 2522Rescission of a contract. May not be invoked against a particular successor of its contracting parties. Condition therefor: that he acquired his right for consideration and acted in good faith, unaware of the ground for Civil Matters — Volume 10 · Source page
  46. Principle 2523Agreement between the parties to an employment contract on the compensation payable if the employer cancels it before expiry of its term. Its effect. Giving effect to its provision as a rebuttable legal presumption of thCivil Matters — Volume 10 · Source page
  47. Principle 2524An employment contract of indefinite duration. Either party may terminate it. Its implication. The contract ends upon one party notifying the other. Its import. The other party has no option to accept or reject terminatiCivil Matters — Volume 10 · Source page
  48. Principle 2525Contracts binding on both parties. One contracting party's failure to discharge its obligation when due. Its effect. The other contracting party may, after formally notifying it, request rescission of the contract. The tCivil Matters — Volume 10 · Source page
  49. Principle 2527The express resolutory condition. Its implication. Rescission of the contract occurs automatically if the debtor breaches its obligation, without the need to institute an action for rescission. Its condition. Its wordingCivil Matters — Volume 10 · Source page
  50. Principle 2529Dissolution of the marriage contract after consummation. Its effect. The woman's entitlement to compensation. Criteria for determining this compensation. Leaving them to the judiciary according to the circumstances of thCivil Matters — Volume 10 · Source page
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