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

Search this collection

  1. عقد استغلال القسائم الصناعية المملوكة للدولة

    Principle 2968Industrial plots are, as a rule, subject to the provisions of private law. Reason: they are considered State assets and fall within its private ownership. Effect: dealings concerning them proceed in the same manner as deCivil Matters — Volume 10 · Source page ٥٥٣
  2. Principle 2969State-owned industrial plots. They are not considered public property but rather the State's private property. The effect thereof: the State's approval of the allottee's assignment of the industrial plot creates a directCivil Matters — Volume 10 · Source page ٥٥٤

  3. عقد التطوع:*

    Principle 2971The appellant bank's contention that its relationship with the respondent is a contractual relationship governed and regulated by the automated teller machine card use contract, and that the contract provides that the baCivil Matters — Volume 10 · Source page ٥٥٤
  4. Principle 2972Contract for the voluntary enlistment of non-Kuwaitis in the Kuwaiti Ministry of Defence. An administrative contract. Jurisdiction of the Administrative Circuit to hear disputes arising therefrom.Civil Matters — Volume 10 · Source page ٥٥٤

  5. عقد تجديد الالتزام

    Principle 2973Joining the army is through military service, voluntary enlistment, or appointment under the conditions and arrangements specified by laws, decrees and implementing decisions. - A volunteer is every Kuwaiti who has adoptCivil Matters — Volume 10 · Source page ٥٥٤
  6. Principle 2974Novation of an obligation. A contract. It requires that the intention to novate be express or at least clear so that there is no room for doubt concerning it. - Inferring renewal of the contract. Within the authority of Civil Matters — Volume 10 · Source page ٥٥٥
  7. Principle 2975Novation is a contract in which it is agreed that a previous obligation shall be extinguished and replaced by a new obligation differing from the first in its parties, subject matter or cause. Novation is not presumed buCivil Matters — Volume 10 · Source page ٥٥٥
  8. Principle 2976Novation of an obligation. Its nature. A contract in which the parties agree to replace the original obligation with a new obligation differing from it in its subject matter or source. Merely drawing up an instrument forCivil Matters — Volume 10 · Source page ٥٥٥
  9. Principle 2977Novation of an obligation. Its condition. Express agreement thereto in the contract, or a clear intention to novate it that leaves no room for doubt. Inferring that intention. A matter of fact independently determined byCivil Matters — Volume 10 · Source page ٥٥٥
  10. Principle 2978Renewal of an administrative contract. Its prerequisite. Agreement of both parties and recourse to the provisions specific to it rather than the general provisions contained in the Civil Code. - Ascertainment of the factCivil Matters — Volume 10 · Source page ٥٥٦

  11. عقد تجديد الترخيص

    Principle 2979Novation of an obligation. It is a contract in which the parties agree to extinguish a previous obligation and substitute another, new obligation differing from it in its subject matter or source or parties, its constituCivil Matters — Volume 10 · Source page ٥٥٦

  12. عقد تعيين غير الكويتيين

    Principle 2980The regulations 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 buildingCivil Matters — Volume 10 · Source page ٥٥٦

  13. بطلان العقد وانعدامه

    Principle 2984Sale of a disputed right. A type of aleatory sale that transfers the right, in its disputed state, to the purchaser. Its import. The purchaser bears the risk of the outcome of the dispute concerning it. The reason for thCivil Matters — Volume 10 · Source page ٥٥٧
  14. Principle 2985A voidable contract, before a judgment declaring its nullity, is treated as a valid contract. The consequence thereof. It has full legal existence at this stage and produces all the legal effects that would result from iCivil Matters — Volume 10 · Source page ٥٥٧
  15. Principle 2987A sale contract made during death-illness. It is not absolutely void. It is contingent upon ratification by the heirs. It is effective against those of them who ratify it.Civil Matters — Volume 10 · Source page ٥٥٨
  16. Principle 2988Nullity and annulment of the contract. Their effect. The extinguishment of its effects and its being treated as though it had never existed as between the contracting parties. An example concerning a sale.Civil Matters — Volume 10 · Source page ٥٥٨
  17. Principle 2989Absolute nullity of the contract. Its effect. Restoring the situation to what it was before contracting.Civil Matters — Volume 10 · Source page ٥٥٨
  18. Principle 2991The subject matter of the obligation. It must be possible. An obligation to perform the impossible is void. The contract intended to create it is also void. The impossibility of the obligation that invalidates the contraCivil Matters — Volume 10 · Source page ٥٥٨
  19. Principle 2992The unlawfulness of the subject matter or cause of an obligation, or its contravention of public order or morals. Its effect. Nullity of the contract creating it. An agreement whose subject matter is to pursue efforts beCivil Matters — Volume 10 · Source page ٥٥٨
  20. Principle 2993Nullity of the contract. Its effect. Any interested person may invoke its nullity. The court must rule that it is void of its own motion. The reason for this. Giving effect to a void contract is incompatible with public Civil Matters — Volume 10 · Source page ٥٥٨
  21. Principle 2994Violation of the prohibition on selling undivided shares in land for which no subdivision decision has been issued before obtaining the Municipality's permission. Its effect. Its absolute nullity, which cannot be cured bCivil Matters — Volume 10 · Source page ٥٥٩
  22. Principle 2995The insured's silence as to any matter that the insurer needs to know in order to assess the risks it assumes, or his provision of an incorrect statement. Its effect. The contract is voidable in the insurer's interest. SCivil Matters — Volume 10 · Source page ٥٥٩
  23. Principle 2996The legislature's imposition of a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Failure to comply with the formality. Its effect. Nonexistence of the contractCivil Matters — Volume 10 · Source page ٥٥٩
  24. Principle 2997The prohibition on a non-Kuwaiti engaging in trade in Kuwait individually and for his own account. The sanction for violating this prohibition. Absolute nullity. The judgment's disregard thereof. An error requiring its cCivil Matters — Volume 10 · Source page ٥٥٩
  25. Principle 2998The contracting parties' breach of a rule relating to public policy. Absolute nullity of the contract. - Failure to challenge the judgment's implicit ruling that an absolutely void contract is valid. Its acquisition of tCivil Matters — Volume 10 · Source page ٥٥٩
  26. Principle 2999The rule of unjust enrichment. There is no scope for its application where a contract exists. Nullity of the contract. Or its not being recognized as the basis of the action. Its effect. Recourse by an action for unjust Civil Matters — Volume 10 · Source page ٥٥٩
  27. Principle 3000A co-owner in undivided ownership has the right to take the measures necessary to preserve the common property without the co-owners' consent. - Contracts concluded by third parties without the co-owners' consent, or conCivil Matters — Volume 10 · Source page ٥٥٩
  28. Principle 3003Nullity of the contract through the fault of one contracting party. The right of the other contracting party or a third party to compensation for the damage resulting from the fault. Knowledge of the ground of nullity, pCivil Matters — Volume 10 · Source page ٥٦٠
  29. Principle 3007Nullity or annulment of a contract. Its implication. Extinction of its effects, restoration of the position existing before contracting, and recovery by each contracting party of what it gave. - Where restitution in kindCivil Matters — Volume 10 · Source page ٥٦٠
  30. Principle 3008A sale falling within the sphere of fraud and deceit. A ground for annulment of the contract. - 560 - Obligation - Absence of volition when concluding the contract owing to impaired perception is such as to negate or vitCivil Matters — Volume 10 · Source page ٥٦٠
  31. Principle 3010Prohibition on a non-Kuwaiti engaging in trade and commercial activities. The rationale for this prohibition is its connection with public policy. An agreement to contravene it. Its effect. Absolute nullity. - A void conCivil Matters — Volume 10 · Source page ٥٦١
  32. Principle 3012Nullity or avoidance of a contract. Its effect. Its elimination retroactively to the time of its conclusion, and treating its performance as though it had never occurred, while restoring the contracting parties to their Civil Matters — Volume 10 · Source page ٥٦١
  33. Principle 3013Prohibition on a non-Kuwaiti engaging in commerce except with a Kuwaiti partner or partners holding at least 51% of the total capital. The aim of this prohibition. Protection of local commerce and safeguarding national cCivil Matters — Volume 10 · Source page ٥٦١
  34. Principle 3014A void contract is not validated by the passage of time. - An action for nullity. Its limitation period. Fifteen years from the date of the contract.Civil Matters — Volume 10 · Source page ٥٦٢
  35. Principle 3015An allegation that part of a contract is void. Whoever alleges nullity must establish proof that the void part is inseparable from the entirety of the contract. The effect of failure to do so. The remainder of the contraCivil Matters — Volume 10 · Source page ٥٦٢
  36. Principle 3016Nullity or annulment of a contract. Its import. Extinguishing the contract from the time of its conclusion. Restoring the contracting parties to their position before contracting. Impossibility thereof permits the judge Civil Matters — Volume 10 · Source page ٥٦٢
  37. Principle 3017Nullity extinguishes the contract with effect dating back to the time of its conclusion. Effect thereof. - Impossibility for a contracting party to make restitution to the other upon the nullity of the contract. The judgCivil Matters — Volume 10 · Source page ٥٦٢
  38. Principle 3018An agreement that the creditor has the right to acquire ownership of the pledged thing or sell it without observing the prescribed procedures if the debt is not paid when due. Prohibited.Civil Matters — Volume 10 · Source page ٥٦٢
  39. Principle 3019Setting a maximum limit for default interest. A matter of public policy. The effect thereof. Agreement to the contrary is impermissible.Civil Matters — Volume 10 · Source page ٥٦٢
  40. Principle 3020Nullity of a commercial contract because a non-Kuwaiti is prohibited from engaging in trade. He may base his claim to his rights on unjust enrichment.Civil Matters — Volume 10 · Source page ٥٦٢
  41. Principle 3021Actions concerning personal rights are time-barred upon the lapse of fifteen years. Article 348, Civil Code. An action for nullity of a contract is barred upon the lapse of the same period from the date of the contract. Civil Matters — Volume 10 · Source page ٥٦٢
  42. Principle 3022The prerequisite for applying the rule that, if a contract is void or annulled, the contracting parties are restored to the position they occupied at the time of contracting. The person relying upon it must request appliCivil Matters — Volume 10 · Source page ٥٦٣
  43. Principle 3023New claims on appeal. What is not regarded as such. An example concerning a claim for equivalent performance on the basis of unjust enrichment and the Court of Appeal's rejection of it on the ground that it had not previCivil Matters — Volume 10 · Source page
  44. Principle 3024The legislature imposing a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Failure to comply with the formality. Its effect. Non-existence of the contract or amCivil Matters — Volume 10 · Source page
  45. Principle 3026Awarding equivalent performance upon the invalidity of the contract. Its prerequisite. That the litigant invoke it. Example. - Adherence to the litigants' claims. A duty of the court when deciding the action.Civil Matters — Volume 10 · Source page
  46. Principle 3027A void contract produces no effect and cannot be ratified, and the court must declare its nullity of its own motion.Civil Matters — Volume 10 · Source page
  47. Principle 3028Nullity of the contract. Its effect. Restoring the contracting parties to the position they occupied at the time of contracting. Impossibility of doing so. Its import. The judge may order equivalent performance. The reasCivil Matters — Volume 10 · Source page
  48. Principle 3029The court of merits must adhere to the parties' claims and their legal basis. The consequence thereof: it may not change the cause of action of its own motion. Example concerning the nullity of a contract because it was Civil Matters — Volume 10 · Source page
  49. Principle 3030Payment in foreign currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174, Civil Code. Issuance of an Amiri Order on 3/8/1990 contradicting this. Has no effect on the permisCivil Matters — Volume 10 · Source page
  50. Principle 3031Rules concerning opening or owning an establishment or office for the purpose of engaging in commerce or practising a profession or craft. Obtaining a licence from the Ministry of Commerce and Industry. Its condition. ThCivil Matters — Volume 10 · Source page
PreviousPage 53 of 73Next