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 الوكالة

    Principle 2912The principal in a contract agency has the right to terminate the contract at any time, and the agent has only the right to compensation if it is established that he sustained damage as a result of his dismissal.Civil Matters — Volume 10 · Source page ٥٤١
  2. Principle 2913An agent's dealings with third parties in his own name do not alter the agency relationship between him and his principal.Civil Matters — Volume 10 · Source page ٥٤١
  3. Principle 2914Representative agency and undisclosed agency. Nature of each. - Effect of continuing agency.Civil Matters — Volume 10 · Source page ٥٤١
  4. Principle 2916Apparent agency. Justifications for recognizing it and conditions for its existence. - Establishment or negation of apparent agency. A question of fact within the independent authority of the court of merits.Civil Matters — Volume 10 · Source page ٥٤١
  5. Principle 2917Agency terminates upon the death of the principal or the agent or the loss of capacity by either of them. - The principal may at any time dismiss his agent or restrict his agency, even if there is an agreement to the conCivil Matters — Volume 10 · Source page ٥٤١
  6. Principle 2918Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his transaction with third parties, in terms of rights and obligations, extend to the principal.Civil Matters — Volume 10 · Source page ٥٤٢
  7. Principle 2919Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his transaction with third parties, in terms of rights and obligations, accrue to the principal.Civil Matters — Volume 10 · Source page ٥٤٢
  8. Principle 2920The general rule is that a contracts agent is entitled to remuneration for transactions concluded by the principal or others within the territory allocated to the agent's activity. The basis thereof. Articles 277, 278 ofCivil Matters — Volume 10 · Source page ٥٤٢
  9. Principle 2921The rule in an agency, whether general or special. The agent's capacity is confined to performing the acts specified therein. Its inclusion of what is required for its execution. The judgment's failure to ascertain the eCivil Matters — Volume 10 · Source page ٥٤٢
  10. Principle 2923The agent contracting with a third party in the principal’s name and within the limits of the agency. Its effect. - 542 - ObligationCivil Matters — Volume 10 · Source page ٥٤٢
  11. Principle 2924The agent's contracting with a third party in the principal's name and within the limits of the agency. Its effect. - Determining the extent of the agency and the legal dispositions it encompasses. Within the authority oCivil Matters — Volume 10 · Source page ٥٤٣
  12. Principle 2925The agent's performance of the agency. Its implication. The agent must submit a detailed account to the principal and is not exempted from this unless the principal expressly exempts the agent or the nature of the transaCivil Matters — Volume 10 · Source page ٥٤٣
  13. Principle 2926The agent exceeding the limits of the agency and concluding a contract in the principal’s name. Its effect. The rights and obligations arising from the contract are not attributed to the principal except with his ratificCivil Matters — Volume 10 · Source page ٥٤٣
  14. Principle 2927An agent's contracting beyond the limits of his agency or without any authorization at all. Its effect. The contract is not effective against the principal unless he ratifies it or expressly or implicitly approves it. - Civil Matters — Volume 10 · Source page ٥٤٣
  15. Principle 2928Legal transactions undertaken by the agent before the principal's death within the limits of the agency. They remain in existence and produce their effects, so that the principal acquires all rights arising from them andCivil Matters — Volume 10 · Source page ٥٤٣
  16. Principle 2929The lawyer's obligation towards the client—if the agency is remunerated—its nature. An obligation to perform work in which the lawyer is required to exercise the care exercised by an ordinary person, which, in the legal Civil Matters — Volume 10 · Source page ٥٤٣
  17. Principle 2930General agency. Its nature. Its effect: it grants the agent only the right to perform acts of administration. - An agreement involving a legal disposition. The agent must have a special power of attorney to conclude it, Civil Matters — Volume 10 · Source page ٥٤٣
  18. Principle 2931Manager of a limited partnership. Liable to the partnership for errors committed by him in management, even if slight. His liability to the partnership is contractual and to third parties is tortious. The manager appointCivil Matters — Volume 10 · Source page ٥٤٤
  19. Principle 2932An agency, whether general or special, confers capacity on the agent only to undertake the acts specified therein. Its termination. Its cases. - An agency contract is not inherited and is not considered part of the estatCivil Matters — Volume 10 · Source page ٥٤٤
  20. Principle 2933The general rule is that agency terminates upon the death of the principal or the agent or the loss of capacity by either of them. The rationale: personal considerations are taken into account in selecting the agent. - LCivil Matters — Volume 10 · Source page ٥٤٤
  21. Principle 2935The agent's obligation to carry out the agency within its prescribed limits. The agent's conclusion of a contract outside the limits of the agency in the principal's name. The resulting rights and obligations do not attaCivil Matters — Volume 10 · Source page ٥٤٥
  22. Principle 2936The original principal's authorization of his agent to sell the real property to himself and to appoint another agent for that purpose. The agency is treated as a remunerated agency and one in the agent's interest. IncluCivil Matters — Volume 10 · Source page ٥٤٥
  23. Principle 2938The principal's right to dismiss his agent at any time. An agreement to the contrary is impermissible. The condition for this: the dismissal must be justified. - 545 - ObligationCivil Matters — Volume 10 · Source page ٥٤٥
  24. Principle 2939The lawyer’s relationship with his client. The agency provisions stipulated in the Civil Code apply thereto. - Law 42 of 1964 concerning regulation of the legal profession does not regulate the means by which a lawyer’s Civil Matters — Volume 10 · Source page ٥٤٦
  25. Principle 2940Termination of agency upon the death of either party thereto. Not a matter of public policy. Agreement in the agency contract itself or in a subsequent contract that the heirs shall replace the agent in the event of his Civil Matters — Volume 10 · Source page ٥٤٦
  26. Principle 2941Termination of agency upon the death of either party. Is not a matter of public policy. Its implication: it may be agreed that the heirs replace the agent in the event of his death. - The appellants’ contention before thCivil Matters — Volume 10 · Source page ٥٤٦
  27. Principle 2943An agency granted in the interest of the agent or a third party. In this case, the principal may not dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted. ArCivil Matters — Volume 10 · Source page ٥٤٧
  28. Principle 2944A lawyer is an agent whose relationship with his client is governed by the agency provisions of the Civil Code in matters for which no provision appears in the Legal Profession Law. - Agency is a non-binding contract. ThCivil Matters — Volume 10 · Source page ٥٤٧
  29. Principle 2945The agent's submission to his principal, after executing the agency, of a detailed account encompassing all agency acts, supported by documents and including assets, liabilities, and the net balance—as in a current accouCivil Matters — Volume 10 · Source page ٥٤٧
  30. Principle 2946The agent is obliged to perform what he has undertaken in good faith. His breach of this duty. His purpose must be thwarted. His appropriating for himself something he was appointed to do for his principal’s account. LegCivil Matters — Volume 10 · Source page ٥٤٧
  31. Principle 2947Determining the extent of the agency and the legal dispositions it encompasses which the agent was authorized to undertake. Within the authority of the trial court pursuant to its power to interpret contracts and instrumCivil Matters — Volume 10 · Source page ٥٤٨
  32. Principle 2948A lawyer's agency. Its formation, termination and all its other rules are subject to the general rules concerning the agency contract in the Civil Code, except for the provisions specific to that agency contained in Law Civil Matters — Volume 10 · Source page ٥٤٨
  33. Principle 2949The principal's exemption of the agent from performing his obligation to render an account of his agency activities. A legal act in which the principal expresses his will, even implicitly. Its effectiveness throughout thCivil Matters — Volume 10 · Source page ٥٤٨
  34. Principle 2950A lawyer's agency. Its formation, termination and all its other provisions are subject to the general rules concerning the agency contract in the Civil Code. - Remunerated agency. The agreed remuneration is subject to asCivil Matters — Volume 10 · Source page ٥٤٩
  35. Principle 2951The provision in Article 32 of Law 42/1964 regulating the legal profession conferring on the judge the power to assess lawyers’ fees where the client disputes them. Its amendment by Law 62/1996 and exclusion of the proviCivil Matters — Volume 10 · Source page ٥٤٩
  36. Principle 2952The agent’s contracting with a third party in the principal’s name and within the limits of the agency. Its effect. The contract takes effect in relation to the principal as though it had been made by him, so that he dirCivil Matters — Volume 10 · Source page ٥٤٩
  37. Principle 2953Apparent agency. Conditions for its existence. - The existence of apparent agency entails the same consequences as actual agency as between the principal and third parties. Its effect. The apparent agent is deemed, in hiCivil Matters — Volume 10 · Source page ٥٤٩
  38. Principle 2954An agency contract is revocable. The principal may dismiss the agent at any time. This is considered a matter of public policy. No agreement to the contrary is permissible. Article 717/1, Civil Code. - Termination of theCivil Matters — Volume 10 · Source page ٥٥٠

  39. عقد الوكالة بالعمولة

    Principle 2955The existence of apparent agency entails the same consequences as actual agency. The conditions for this. - Inferring the existence or absence of apparent agency. Falls within the authority of the court of merits. For thCivil Matters — Volume 10 · Source page ٥٥٠
  40. Principle 2956Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract, in his own name or in his principal's name, with a carrier to transport a thing or a person to a specified destination Civil Matters — Volume 10 · Source page ٥٥٠

  41. عقد التوكيل بالخصومة

    Principle 2957Commission agency and contract agency. Their nature and the difference between them. - Characterization of the contract, whether it is a commission agency or a contract agency, and determination of the rights of its partCivil Matters — Volume 10 · Source page ٥٥٠
  42. Principle 2958A lawyer’s obligation toward his client. An obligation to perform work in which he exercises a degree of care. - Contractual fault in an obligation to exercise care. Its nature. - A lawyer’s contractual liability toward Civil Matters — Volume 10 · Source page ٥٥١
  43. Principle 2959The agency contract. Its definition and effect. - The agent's undertaking of a juridical act for the principal's benefit may entail undertaking ancillary material acts. The contract consisting of purely material acts. ItCivil Matters — Volume 10 · Source page
  44. Principle 2960The general rule in an agency contract is that the principal is not restricted, in choosing his agent, to a person belonging to a particular class or related to him by blood or marriage. The exception. Agency before the Civil Matters — Volume 10 · Source page
  45. Principle 2961An agreement concluded by a lawyer fixing his fees for the judicial or non-judicial work entrusted to him as a percentage of the value claimed in the action, of what is awarded therein, or of the non-judicial work agreedCivil Matters — Volume 10 · Source page
  46. Principle 2962Assessment of the existence of simulation. Within the authority of the court of merits, as it concerns the understanding of the facts of the case. - Permissibility of proving, as between the contracting parties, the simuCivil Matters — Volume 10 · Source page
  47. Principle 2963Prohibition on a lawyer receiving a share in kind of the disputed rights in respect of which he undertakes the defence. Article 32/1, 3 of Law 42 of 1964, as amended by Law 62 of 1996, concerning regulation of the legal Civil Matters — Volume 10 · Source page
  48. Principle 2964Practising the legal profession. Restricted to persons holding Kuwaiti nationality except within the limits of the exception under Article 17 of Law 42 of 1964 concerning the Regulation of the Legal Profession, as amendeCivil Matters — Volume 10 · Source page
  49. Principle 2965The regulation concerning licences and structures erected on State property, issued by Decision No. 56 of 2001 of the Minister of Finance, included an amendment to the terms of licences and contracts concerning buildingsCivil Matters — Volume 10 · Source page
  50. Principle 2967The industrial plot allottee's subletting or assignment of its exploitation for the same purpose without the approval of the Ministry of Commerce and Industry. Valid. The condition thereof: That it occurred on a date preCivil Matters — Volume 10 · Source page
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