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. عقد البيع

    Principle 2710Sale with a right of redemption. What is stipulated therein. The seller's retention of the right to recover the sold property in return for refunding the price. The absence of this condition from the contract. Its effectCivil Matters — Volume 10 · Source page ٥٠٠
  2. Principle 2711Sale of another's property. A voidable contract. Its effectiveness depends on ratification by the true owner. - Transfer of ownership of government housing to the person to whom it was allocated. Its effect. The validityCivil Matters — Volume 10 · Source page ٥٠٠
  3. Principle 2713An unregistered sale contract entails the transfer of ownership of the immovable property to the buyer. The consequence thereof. The buyer may not seek confirmation of its ownership on the basis of this contract. The chaCivil Matters — Volume 10 · Source page ٥٠١
  4. Principle 2714In contracts binding on both parties. If either 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 contractCivil Matters — Volume 10 · Source page ٥٠١
  5. Principle 2715One 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 is considered to include formal notice to him. AssesCivil Matters — Volume 10 · Source page ٥٠١
  6. Principle 2716A request for a judgment declaring the validity and enforceability of a sale contract. Its difference in subject matter and cause from a request for a judgment confirming ownership by acquisitive possession. The first isCivil Matters — Volume 10 · Source page ٥٠١
  7. Principle 2718A disposition taking immediate effect. Valid whether it is a sale or a gift disguised as a sale contract satisfying its legal form.Civil Matters — Volume 10 · Source page ٥٠١
  8. Principle 2719Absolute simulation of a sale contract. Its effect. Its nullity and the non-transfer of ownership to the buyer even if the contract is registered. The reason for this. - The previous judgment evicting the first appellantCivil Matters — Volume 10 · Source page ٥٠١
  9. Principle 2721Absence from a sale contract of a provision for rescission as a consequence of either party’s breach of any obligation stipulated therein. Its effect. Recourse to the general rules on judicial rescission and application Civil Matters — Volume 10 · Source page ٥٠٢
  10. Principle 2722Failure to state the price in a sale contract. No nullity if the agreement or circumstances disclose the contracting parties' intention to deal at the price current between them or at the market price. Art. 460, Civil CoCivil Matters — Volume 10 · Source page ٥٠٢
  11. Principle 2724Ascertaining the facts, assessing the evidence, accepting what is found reliable, and rejecting the rest. Within the authority of the court of merits. The condition for this. It is not obliged to pursue the litigants thrCivil Matters — Volume 10 · Source page ٥٠٢
  12. Principle 2725The rules governing warranty against defects. Are not matters of public policy. Agreement to amend them by increasing or excluding the warranty is permissible. - The seller's warranty of the sold item's fitness for operaCivil Matters — Volume 10 · Source page ٥٠٢
  13. Principle 2726Assessment of the damage arising from the allegation that the fact that the thing sold was leased had been concealed. It does not fall within a claim for compensation for breach of the obligation to deliver the thing solCivil Matters — Volume 10 · Source page ٥٠٣
  14. Principle 2727Common parts of the property. Owned in undivided shares by all owners. They include external passageways, areas designated for common services, and all types of pipes and equipment, except those within a separately ownedCivil Matters — Volume 10 · Source page ٥٠٣
  15. Principle 2728The purchaser of unregistered real estate. May assign the personal rights arising from the contract to another in accordance with assignment procedures. He also has the right to dispose of the real estate by sale to a seCivil Matters — Volume 10 · Source page ٥٠٣
  16. Principle 2729Regulation of trading in securities relating to companies. Pertains to public policy. Its effect. Absolute nullity of transactions contrary to that regulation. - A void contract. Produces no effect from the time of its cCivil Matters — Volume 10 · Source page ٥٠٣
  17. Principle 2730The price is an essential element of a sale. It must be determined or determinable for the sale to be concluded. It suffices to state suitable bases for its assessment or make it determinable by stating them, or to authoCivil Matters — Volume 10 · Source page ٥٠٣
  18. Principle 2732The final contract, rather than the preliminary contract, is what settles the relations between the parties. It alone becomes the law governing the contracting parties from the date of its conclusion. Absence from the fiCivil Matters — Volume 10 · Source page ٥٠٤
  19. Principle 2733The seller's obligation to warrant against third-party interference with the purchaser based on a legal ground deriving from the seller or the seller's seller. Its invocation against the purchaser. Its effect: he may recCivil Matters — Volume 10 · Source page ٥٠٤
  20. Principle 2734The seller's failure to perform his contractual obligation to transfer ownership of the immovable property sold to the purchaser where he does not own it or part of it. Breach of a contractual obligation. Its effect. TheCivil Matters — Volume 10 · Source page ٥٠٤
  21. Principle 2735Ascertaining the contracting parties' intention from the circumstances and facts of the case. Within the authority of the trial judge. Example concerning withdrawal from a sale contract.Civil Matters — Volume 10 · Source page ٥٠٥
  22. Principle 2736The seller's warranty against latent defects and its warranty of the description of the sold property. The legislature distinguished between them. It devoted a special provision to the latter, making the contract the basCivil Matters — Volume 10 · Source page ٥٠٥
  23. Principle 2738The seller's obligation to warrant non-interference with the purchaser. A perpetual obligation arising from the sale contract upon its conclusion, even if unregistered. Transfer of this obligation to the seller's heirs iCivil Matters — Volume 10 · Source page ٥٠٥

  24. عقد البيع بالتقسيط

    Principle 2740Contracts of disposition creating and transferring rights in rem in immovable property, including ownership. Consensual contracts. Enactment of Law 5/1959 concerning real estate registration. Its effect. Creation or tranCivil Matters — Volume 10 · Source page ٥٠٦
  25. Principle 2741Rescission of the contract extinguishes the penalty clause contained therein. The consequence: the judge may assess compensation against the contracting party in default of his obligation. Example of rescission of a contCivil Matters — Volume 10 · Source page ٥٠٦
  26. Principle 2742Agreement to conceal an instalment sale contract under the guise of a lease, describing the price as rent, upon full payment of which the contract turns into a sale contract. The legislature disregards this, gives effectCivil Matters — Volume 10 · Source page ٥٠٦

  27. عقد البيع في مجلة الأحكام العدلية

    Principle 2743The challenged judgment, affirming the first-instance judgment, concluded that the contract forming the basis of the dispute was a contract for the sale of a car by instalments and gave effect to the express rescission cCivil Matters — Volume 10 · Source page ٥٠٧

  28. عقد بيع حصص مشاعة

    Principle 2744The unauthorized intermeddler under the Majalla of Judicial Rules. His nature. A sale concluded by him is suspended and ineffective because a third party’s right attaches to it. Articles 111, 112 of the Majalla. - The unCivil Matters — Volume 10 · Source page ٥٠٧
  29. Principle 2745Sale of an undivided share in land in respect of which no subdivision decision has been issued. It is impermissible except after obtaining prior permission from Kuwait Municipality. Contravention thereof. Its effect. NulCivil Matters — Volume 10 · Source page ٥٠٧

  30. عقد بيع الوفاء

    Principle 2746A contract of sale whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effect. AbsoCivil Matters — Volume 10 · Source page ٥٠٧

  31. العقد المسجل

    Principle 2747A sale with a right of redemption is the seller’s reservation, upon sale, of the right to recover the property sold in return for repayment of the price and expenses. Its implication. The contract is deemed a loan secureCivil Matters — Volume 10 · Source page ٥٠٨
  32. Principle 2748The probative force of an official instrument. It depends on the particulars recorded therein. An interested party may prove the contrary of its contents by all means of proof, and may challenge it on grounds of simulatiCivil Matters — Volume 10 · Source page ٥٠٨
  33. Principle 2749Cases in which ownership does not pass merely by sale. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent this or make it difficult. - Ownership of immovable propCivil Matters — Volume 10 · Source page ٥٠٨
  34. Principle 2751The registered contract. Its priority over the unregistered contract. Proof of collusion between the parties to the latter contract to deprive the first purchaser does not alter this. The knowledge of the second purchaseCivil Matters — Volume 10 · Source page ٥٠٩
  35. Principle 2753Absolute nullity of the registered sale contract constituting the mortgagor debtor’s title deed, because he sold the real property to himself from his mortgagor debtor for failure to recover his debt from him, contrary tCivil Matters — Volume 10 · Source page ٥٠٩

  36. عقد الاستغلال من الباطن

    Principle 2755A subcontract for exploitation does not create a direct relationship between the government entity granting the right and the sub-operator; rather, its existence and nonexistence depend on the original contract.Civil Matters — Volume 10 · Source page ٥١٠

  37. عقد التبرع

    Principle 2756A sub-exploitation contract. Does not create a direct relationship between the governmental authority that granted the exploitation contract and the sub-exploiter. Its termination upon termination of the original contracCivil Matters — Volume 10 · Source page ٥١٠
  38. Principle 2758Contract of suretyship. Its nature. - Statutory, joint and several, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debtor. - Suretyship. The general rule is Civil Matters — Volume 10 · Source page ٥١٠

  39. عقد الراتب المقطوع

    Principle 2759A disposition made during death illness with donative intent is a disposition taking effect after death and is governed by the rules on wills. - The limits of the disposition by the female disponor during death illness wCivil Matters — Volume 10 · Source page ٥١٠

  40. عقد الكفالة

    Principle 2762Discharge of the surety to the extent of the security for the guaranteed debt that the creditor has lost through his fault. The reason for this. The surety's right to be subrogated to the creditor in his securities. WhatCivil Matters — Volume 10 · Source page ٥١١
  41. Principle 2764Suretyship presupposes the existence of a secured obligation owed by the principal debtor and a contract between the surety and the creditor imposing on the surety an obligation to perform the original obligation. - 511 Civil Matters — Volume 10 · Source page ٥١١
  42. Principle 2766Suretyship. Its nature. The independence of the principal debt contract in its parties and subject matter. The effect thereof. The arbitration clause contained in the latter contract does not apply to the suretyship contCivil Matters — Volume 10 · Source page ٥١٢
  43. Principle 2767A suretyship contract is consensual, and the surety's obligation therein is gratuitous. Its implication: the surety's consent must be express. Recording consent in writing. Suffices to make it express.Civil Matters — Volume 10 · Source page
  44. Principle 2769The suretyship contract. Its nature. What suretyship entails, when the surety is discharged, and how the surety may have recourse against the debtor.Civil Matters — Volume 10 · Source page
  45. Principle 2771Guarantee of a future obligation. Permissible even if the obligation does not exist at the time of the guarantee. The condition for this: specification in the guarantee contract of a maximum limit for the guarantor’s undCivil Matters — Volume 10 · Source page
  46. Principle 2772The guarantor under Law 41 of 1993 concerning the State's Purchase of Certain Debts and the Manner of Their Collection. He is deemed to have the status of the customer and is subject to the rules established by its proviCivil Matters — Volume 10 · Source page
  47. Principle 2773Guarantee. Its condition. The existence of a guaranteed obligation owed by the principal debtor and the existence of a contract between the guarantor and the creditor creating an obligation owed by the debtor to perform Civil Matters — Volume 10 · Source page
  48. Principle 2775Absence of a special provision in Book Two of the Commercial Code concerning discharge of the guarantor. Its import. Application to him of the general provisions governing obligations in the Civil Code. Rationale therefoCivil Matters — Volume 10 · Source page
  49. Principle 2776Proof of the simulated nature of a disposition as between the contracting parties may be adduced only in accordance with the general rules. Failure to establish the commercial nature of the debt or its connection with a Civil Matters — Volume 10 · Source page
  50. Principle 2777Contract of suretyship. Its nature. - Statutory, judicial, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debt. - Commercial suretyship. The sureties thereinCivil Matters — Volume 10 · Source page
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