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. عقد التطوع بالجيش

    Principle 2779A suretyship contract. Its nature. - What suretyship requires: the existence of a principal obligation of the debtor and the surety’s obligation accessory to that obligation. - A surety who has paid the debt has a right Civil Matters — Volume 10 · Source page ٥١٤

  2. عقد التحكيم

    Principle 2780Joining the army is through military service, voluntary enlistment, or appointment under the conditions and procedures prescribed by laws, decrees, and implementing decisions. - A volunteer is every Kuwaiti who has adoptCivil Matters — Volume 10 · Source page ٥١٤
  3. Principle 2782The arbitrator's jurisdiction derives from agreement. The effect thereof. The subject matter must be specified in the submission agreement, that specification must be adhered to, and the rule that the judge of the princiCivil Matters — Volume 10 · Source page ٥١٥
  4. Principle 2783Agreement to arbitrate. Its implication. Arbitration becomes mandatory in every dispute relating to a claim for the value of what has been performed.Civil Matters — Volume 10 · Source page ٥١٥
  5. Principle 2784Arbitration is a contract concluded by offer and acceptance. Writing is a condition of proof, not formation. - The consent of the parties to the dispute to submit it to the arbitrator instead of the competent court. Is tCivil Matters — Volume 10 · Source page ٥١٥

  6. عقد التسهيلات

    Principle 2785Contracts concluded after Laws 11 of 1995 and 26 of 1995 came into force. Interested parties and enterprises established in free zones may agree to settle their disputes arising therefrom by arbitration. The arbitration Civil Matters — Volume 10 · Source page ٥١٥

  7. عقد المدة

    Principle 2786Interest on a commercial loan is 7% where its rate is not specified in the contract. The contracting parties may agree on another interest rate. The condition therefor: that this rate not exceed the rates announced by thCivil Matters — Volume 10 · Source page ٥١٦

  8. عقد الحوالة

    Principle 2787When is the term of a contract for exploitation of a property determined by the period specified for payment of rent? The assignment contract:Civil Matters — Volume 10 · Source page ٥١٦
  9. Principle 2788Definition of assignment, when it is concluded, and the effect of its conclusion. Its effectiveness against the debtor through acceptance or notification.Civil Matters — Volume 10 · Source page ٥١٦
  10. Principle 2789A cheque stipulated to be payable to a named person. Its negotiability by endorsement and other commercial methods such as assignment. - Assignment. Its proof. No special form is required for its conclusion. Example concCivil Matters — Volume 10 · Source page ٥١٦
  11. Principle 2790Assignment of a right. A contract between the assignor and another whereby the former assigns to the latter a right owed to him by a debtor, and the assignment becomes effective - 516 - Obligation against the assigned deCivil Matters — Volume 10 · Source page ٥١٦
  12. Principle 2791Transfer of debt. Its nature. An agreement to transfer the debt from the liability of the original debtor to that of a new debtor, whereby the former is discharged once the latter approves it or is a party thereto. The lCivil Matters — Volume 10 · Source page ٥١٧

  13. عقد توزيع تعويضات الغزو العراقي

    Principle 2792Assignment of a right. Its conclusion. Consent of the debtor against whom the assignment is made. Not required. The reason: assignment does not create a new obligation incumbent upon him but transfers the obligation alreCivil Matters — Volume 10 · Source page ٥١٧

  14. عقد الرهن

    Principle 2793The contract for distributing the bank’s compensation for the Iraqi invasion among the parties to the litigation and others - of non-Kuwaiti nationality - is a civil transaction falling outside the scope of activities prCivil Matters — Volume 10 · Source page ٥١٧
  15. Principle 2794A formal mortgage is a disposition concerning the mortgaged real estate. Its effect: that which may not be attached or forcibly sold at public auction may not be dealt in or be the subject of a formal mortgage contract. Civil Matters — Volume 10 · Source page ٥١٧
  16. Principle 2795The mortgage granted by an owner whose title has been ordered annulled, rescinded, or extinguished remains in favor of the mortgagee who acted in good faith at the time the mortgage was concluded. Its condition. The mortCivil Matters — Volume 10 · Source page ٥١٨
  17. Principle 2796The seller's warranty against a third party's entitlement to the thing sold. His obligation to return the price and compensate the purchaser for the loss sustained and the profit forgone. Restriction of the purchaser's rCivil Matters — Volume 10 · Source page ٥١٨
  18. Principle 2797The mortgagee creditor’s reliance on his good faith. Its condition. The mortgaged real property must be owned by the debtor. Failure thereof. Its effect. He may not rely on good faith. An example concerning the challengeCivil Matters — Volume 10 · Source page ٥١٨

  19. عقد الصلح

    Principle 2798A mortgage. A right in rem that may not be the subject of an assignment of a right, which applies only to personal rights. However, like all securities for a personal right, it follows that right and passes with it to thCivil Matters — Volume 10 · Source page ٥١٨
  20. Principle 2801The general rule is that a settlement is indivisible. Implication thereof. The nullity or annulment of part of the settlement entails the nullity of the entire contract or its nullity. Its condition. That neither the worCivil Matters — Volume 10 · Source page ٥١٩
  21. Principle 2804Res judicata. Its basis. What falls outside its scope: a settlement agreement, since it is no more than a purely non-contentious judicial act that does not determine an existing dispute between the parties and therefore Civil Matters — Volume 10 · Source page ٥١٩
  22. Principle 2805A material defense invoked by a litigant which, if valid, would change the outcome of the case. The judgment’s failure to examine it. Vitiates it for deficient reasoning. An example concerning what was recorded in the seCivil Matters — Volume 10 · Source page ٥١٩
  23. Principle 2806The reasons for a judgment are tainted by defective inference if they contain something that impairs the soundness of the deduction. Instances thereof. Reliance on evidence unsuitable for forming a conviction, failure toCivil Matters — Volume 10 · Source page ٥٢٠
  24. Principle 2808The judge's failure to approve the settlement record. Does not prevent its being considered a basis for judgment in accordance with it, provided it is signed. - Settlement is a contract subject to interpretation like othCivil Matters — Volume 10 · Source page ٥٢٠
  25. Principle 2809A judicial claim, whether original or incidental, and the litigants' request to record their agreed settlement in the hearing minutes. Their nature, the difference between them, and its effect. - A request to record the Civil Matters — Volume 10 · Source page ٥٢٠
  26. Principle 2810Res judicata. Its criterion. What falls outside its scope: the settlement contract. The reason for this: it is no more than a purely non-contentious judicial act that does not determine an existing dispute between the paCivil Matters — Volume 10 · Source page ٥٢١
  27. Principle 2811Settlement. Its effect: Resolution of the disputes it addresses, definitive extinction of the claims relinquished by the contracting parties, and the impermissibility of renewing them or proceeding with the action broughCivil Matters — Volume 10 · Source page ٥٢١

  28. عقد العمل تحت الاختيار

    Principle 2812A settlement contract in Ja‘fari jurisprudence. Binding in itself and is dissolved only by mutual consent of the settling parties or by rescission by whichever of them has the right of rescission under the settlement. ThCivil Matters — Volume 10 · Source page ٥٢١

  29. الأحكام القانونية المكملة للعقد

    Principle 2815Scope of the contract. Its inclusion of supplementary and interpretative legal provisions. Reason therefor. - The contracting parties’ omission of certain details in reliance on their being provided for by law. ConsequenCivil Matters — Volume 10 · Source page ٥٢٢

  30. عقد تعلم المهنة مقابل أجر

    Principle 2816The laws and regulations under which a contract is concluded. Everyone's knowledge of them. Presumed. The effect thereof. Their being regarded as terms of the contract. Contract for learning a trade in return for remunerCivil Matters — Volume 10 · Source page ٥٢٢

  31. عقد القرض

    Principle 2817The challenged judgment's conclusion that the appellant failed to prove an employment relationship between her and the respondent and that what - 522 - Obligation she submitted was not suitable evidence to establish thatCivil Matters — Volume 10 · Source page ٥٢٢
  32. Principle 2819Inferring the intention to novate the loan contract. A matter of fact independently determined by the judge of merits. Extinction by novation of the debt secured by the mortgage as a result of concluding the loan contracCivil Matters — Volume 10 · Source page ٥٢٣
  33. Principle 2820A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. The determining consideration in this respect. Is the borrower's apparent intention at the time of contracting, not the ultimateCivil Matters — Volume 10 · Source page ٥٢٣
  34. Principle 2821The creditor may combine the commission or benefit with the agreed interest even if it exceeds the maximum interest prescribed by law. Condition thereof: that it correspond to a genuine service performed by the creditor.Civil Matters — Volume 10 · Source page ٥٢٣
  35. Principle 2822Avoidance or nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied at the time of contracting. Impossibility thereof. It is permissible to order equivalent performance. ArticlCivil Matters — Volume 10 · Source page ٥٢٣
  36. Principle 2823A loan is a commercial act regardless of the borrower’s capacity or the purpose for which the loan was allocated. - 523 - Obligation - The creditor bank granting banking facilities in the form of a loan to the debtor forCivil Matters — Volume 10 · Source page ٥٢٣
  37. Principle 2824Deeming a loan commercial. Its condition. Its purpose must be to expend the borrowed amounts on commercial activities. What matters is the borrower's apparent intention at the time of the contract, not the ultimate use oCivil Matters — Volume 10 · Source page ٥٢٤
  38. Principle 2825A partner's signing of a loan contract with the bank in his personal capacity, failure to pay the amounts under this contract on their due date, the bank's joining him in his personal capacity in an action in which judgmCivil Matters — Volume 10 · Source page ٥٢٤
  39. Principle 2826Closing a current account. Its effect. - Agreement in the loan contract that the bank is entitled to interest of 4% during the term of the contract. Absence therein of an agreement on interest on the debt represented by Civil Matters — Volume 10 · Source page ٥٢٤
  40. Principle 2827A sale with a right of redemption is the seller's reservation, at the time of sale, of the right to recover the property sold in return for repayment of the price and expenses. Its import. Treating the contract as a loanCivil Matters — Volume 10 · Source page ٥٢٤
  41. Principle 2828A loan being regarded as commercial. Its condition. Its purpose must be to expend the borrowed sums on commercial activities. Regard is had to the borrower's apparent intention at the time of contracting, not to the ultiCivil Matters — Volume 10 · Source page ٥٢٥
  42. Principle 2829A loan contract binds both parties and creates reciprocal obligations on the part of both lender and borrower, requiring the existence of two separate patrimonies. The combination of the capacities of lender and borrowerCivil Matters — Volume 10 · Source page ٥٢٥
  43. Principle 2830The balance debt becomes an ordinary debt upon closure of the current account. Interest at the banking rate that applied to its individual entries during its operation does not apply to it. What applies to it: whatever tCivil Matters — Volume 10 · Source page
  44. Principle 2831The relationship between banks and their customers. Subject to the principle of autonomy of will. Its implication: the contracts concluded between them may stipulate the interest rate applicable to the loans granted to tCivil Matters — Volume 10 · Source page
  45. Principle 2832The Board of Directors of the Central Bank. Its competence to establish rules regulating banking operations that banks may undertake, including granting loans to their customers, both as to the maximum limit and the inteCivil Matters — Volume 10 · Source page
  46. Principle 2833The relationship between banks and their customers. Its subjection to the principle of autonomy of will. The implication thereof. It is permissible to agree in those contracts on the interest rate applicable to loans graCivil Matters — Volume 10 · Source page
  47. Principle 2834The relationship of banks with their customers. Subject to the principle of autonomy of will. Its implication. They may agree on the interest rate applicable to loans. The condition therefor: that this rate not exceed thCivil Matters — Volume 10 · Source page
  48. Principle 2835The Central Bank. Its function. Establishing rules regulating the banking operations banks may undertake, including loans, whether as regards the maximum amount, the applicable interest rate, or repayment periods, accordCivil Matters — Volume 10 · Source page
  49. Principle 2837The tender validity period determined by the Central Tenders Committee. Is prescribed for the benefit of the bidder.Civil Matters — Volume 10 · Source page
  50. Principle 2838Submitting a bid in auctions and tenders constitutes an offer by the bidder, and the contract is not concluded until the auction or tender is awarded to him; he is not considered a contracting party until the date of sigCivil Matters — Volume 10 · Source page
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