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. بطلان العقد وانعدامه

    Principle 3032Prohibition on a non-Kuwaiti engaging in commercial activities except with a Kuwaiti partner or partners holding at least 51% of the capital. Purpose of this prohibition. Protection of local commerce and safeguarding natCivil Matters — Volume 10 · Source page ٥٦٤
  2. Principle 3034Engaging in commerce within Kuwait. Prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the total capital. Violation of this prohibition. Its effect.Civil Matters — Volume 10 · Source page ٥٦٤
  3. Principle 3035Reliance by Kuwaiti natural or legal persons on the provisions of the legislation of a state other than the State of Kuwait. Impermissible. The Amiri Order of 3/8/1990 concerning payment in foreign currency during the peCivil Matters — Volume 10 · Source page ٥٦٤
  4. Principle 3037Restoring the contracting parties to the position they occupied at the time of the contract that was void or annulled for contravening public policy. - 564 - Obligation. Its condition: the party relying on this must submCivil Matters — Volume 10 · Source page ٥٦٤
  5. Principle 3039Commencement of the limitation period for an unjust enrichment action. The determining factor is actual knowledge of the right to compensation upon issuance of the final judgment of nullity.Civil Matters — Volume 10 · Source page ٥٦٥
  6. Principle 3042The legislature's prescription of a particular form for a contract or its amendment. Aimed at a public interest connected with public policy. Absence of the formality. Its effect. Nonexistence of the contract or amendmenCivil Matters — Volume 10 · Source page ٥٦٥
  7. Principle 3043The requirement of interest is the basis for admissibility of an appeal. Its absence in a ground of challenge. Its implication is that the ground is ineffective and inadmissible. An example concerning the nullity of a leCivil Matters — Volume 10 · Source page ٥٦٥
  8. Principle 3044The rule of unjust enrichment. No scope for its application where a contract exists. The reason therefor. Excepted from this is the case of the contract’s nullity or its being disregarded as a basis for the action. - ExtCivil Matters — Volume 10 · Source page ٥٦٦
  9. Principle 3045Nullity of the contract. Its effect. Its nonexistence from the time of its conclusion and the elimination of every effect of its performance. An example of sound reasoning.Civil Matters — Volume 10 · Source page ٥٦٦
  10. Principle 3046The nullity or annulment of a contract due to the fault of either contracting party. Its effect. The other contracting party or a third party may claim compensation for the damage sustained as a result of this nullity. -Civil Matters — Volume 10 · Source page ٥٦٦
  11. Principle 3047Nullity or annulment of the contract. Its effect. Restoration of the contracting parties to the position they were in at the time of contracting. Impossibility of this. It is permissible to impose an obligation to renderCivil Matters — Volume 10 · Source page ٥٦٦
  12. Principle 3048A void contract cannot serve as a basis for any claim. The reason. - The consequence of the contract's nullity: restoring everything to its original state and each contracting party recovering what he gave. ImpossibilityCivil Matters — Volume 10 · Source page ٥٦٦
  13. Principle 3049A non-Kuwaiti's engagement alone in commercial activities. Prohibited. Nullity of a contract containing such provision. Example.Civil Matters — Volume 10 · Source page ٥٦٦
  14. Principle 3050A non-Kuwaiti engaging in trade individually. Not permissible unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the capital of the joint commercial establishment. The purpose of this prohiCivil Matters — Volume 10 · Source page ٥٦٦
  15. Principle 3051The nullity of a contract that is void on public-policy grounds is considered to be before the Court of Appeal upon an appeal against a judgment imposing on a litigant an obligation arising from it, even if the litigantsCivil Matters — Volume 10 · Source page ٥٦٧
  16. Principle 3052A ruling declaring the validity and enforceability of a contract that a final judgment has declared absolutely void. A violation of the law, an error in its application, and defective reasoning requiring its cassation. TCivil Matters — Volume 10 · Source page ٥٦٧
  17. Principle 3053Assessment of consideration for use as compensation equivalent to the benefit received by the contracting party who could not return in kind what he benefited from as a result of the void contract, although within the auCivil Matters — Volume 10 · Source page ٥٦٧
  18. Principle 3054The nullity of a commercial contract concluded by a non-Kuwaiti does not preclude claiming the right on another legal basis, such as unjust enrichment. Basis thereof. Article 187 of the Civil Code. The judgment's adherenCivil Matters — Volume 10 · Source page ٥٦٧
  19. Principle 3055Impossibility of restoring the contracting parties to their position at the time of contracting after a judgment declaring the contract void before the court of first instance. Its effect. The right arises to claim compeCivil Matters — Volume 10 · Source page ٥٦٧
  20. Principle 3056The prohibition against a non-Kuwaiti engaging in trade in Kuwait. Its purpose: protection of local trade and safeguarding national commercial activity. This is regarded as a mandatory rule of public policy. The reason fCivil Matters — Volume 10 · Source page ٥٦٨
  21. Principle 3057Nullity extinguishes the contract from the time of its conclusion and removes every effect of its performance, if it has been performed. The consequence: restoring everything to its original state and each contracting paCivil Matters — Volume 10 · Source page ٥٦٨
  22. Principle 3058Prohibition on undertaking to supply expatriate workers. Charitable associations and labor unions are exempt from this prohibition, provided they obtain a license to do so. Contravention of this prohibition. Its effect: Civil Matters — Volume 10 · Source page ٥٦٨
  23. Principle 3061Nullity of a contract owing to the fault of one contracting party permits the other contracting party or a third party to claim compensation from him for the damage that nullity causes either of them. There is no basis fCivil Matters — Volume 10 · Source page ٥٦٨
  24. Principle 3062A contract’s contravention of a rule relating to public policy. Its sanction is absolute nullity. Example of the nullity of an investment contract in which the two partners contravened those rules.Civil Matters — Volume 10 · Source page ٥٦٨
  25. Principle 3063Nullity means nonexistence. - Giving effect to a void contract lacking its constituent elements is contrary to public policy. - 568 - Obligation - A judgment declaring a company void leaves behind a de facto company to bCivil Matters — Volume 10 · Source page ٥٦٨
  26. Principle 3064The prohibition on a non-Kuwaiti engaging in trade in Kuwait individually. His doing so. Its effect: absolute nullity. - The rule of unjust enrichment is a non-contractual source of obligation. It has no application wherCivil Matters — Volume 10 · Source page ٥٦٩
  27. Principle 3065The invalidity of a contract concluded by a non-Kuwaiti owing to the prohibition in the Commercial Code does not preclude him from claiming his rights on another legal basis. - The cause of action may be changed while reCivil Matters — Volume 10 · Source page ٥٦٩
  28. Principle 3066Nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition contained in the Commercial Law or any other legislation. Its implication is restoration of everything to its original state and recovery Civil Matters — Volume 10 · Source page ٥٦٩
  29. Principle 3067Both the memorandum of association and the articles of association of a joint-stock company must be drawn up in an official instrument. Failure to observe this. Its effect. Nullity. An example. - 569 - Obligation - The aCivil Matters — Volume 10 · Source page ٥٦٩
  30. Principle 3068The nullity of a contract concluded by a non-Kuwaiti in contravention of the prohibition contained in the Commercial Code or any other legislation prohibiting non-Kuwaitis from engaging in trade in Kuwait requires restorCivil Matters — Volume 10 · Source page ٥٧٠
  31. Principle 3069Nullity or avoidance of a contract entails restoring the contracting parties to the position they occupied at the time of contracting, unless the law provides otherwise. If this is impossible, equivalent performance may Civil Matters — Volume 10 · Source page ٥٧٠
  32. Principle 3070An award of equivalent performance or compensation as a result of unjust enrichment. Its basis in the rules of tort liability and not in the void contract. It entails a change in the cause of action, not a change in its Civil Matters — Volume 10 · Source page ٥٧٠
  33. Principle 3071A void contract produces no effect. It is regarded as such from the time of its conclusion. Its performance is deemed never to have occurred. This requires: restoring the contracting parties to the position they occupiedCivil Matters — Volume 10 · Source page ٥٧٠
  34. Principle 3072The legislature's prescription of a particular form for a contract. Its implication. It is not valid unless that form is satisfied. The reason for this is its connection with public policy. Absence. Its effect. The non-eCivil Matters — Volume 10 · Source page ٥٧٠
  35. Principle 3073Nullity or annulment of the contract. Its implication. Restoration of the contracting parties to the position they were in at the time of contracting, unless the law provides otherwise. Impossibility of this. Its effect.Civil Matters — Volume 10 · Source page ٥٧١
  36. Principle 3075An agreement for settlement or waiver between the employer and the worker is void where it prejudices the worker's rights prescribed by the Labour Law. - The absence from the Labour Law of mandatory provisions specific tCivil Matters — Volume 10 · Source page ٥٧١
  37. Principle 3077The right to annul a contract. It lapses if its holder does not invoke it within three years from the cessation of its cause, unless the law provides otherwise, and upon the passage of fifteen years from the date of its Civil Matters — Volume 10 · Source page ٥٧١
  38. Principle 3078Conversion of a contract adjudged void into another contract that the contracting parties would have intended had they known of the nullity of the contract they originally intended to conclude. Requesting this for the fiCivil Matters — Volume 10 · Source page ٥٧١
  39. Principle 3079The law has taken account of protecting a particular successor acting in good faith from the serious harm that might result for him from the annulment of the contract of his predecessor from whom he acquired the right. ICivil Matters — Volume 10 · Source page ٥٧٢
  40. Principle 3080The subject matter of an obligation. Its performance must be possible. The debtor's undertaking of an impossibility. Its effect. Its nullity and the nullity of the contract intended to create it. - Objective impossibilitCivil Matters — Volume 10 · Source page ٥٧٢
  41. Principle 3081Nullity of a contract. It eliminates it from the time of its conclusion and removes every effect of its performance. Its consequence. Restoring everything to its original state and each contracting party recovering what Civil Matters — Volume 10 · Source page ٥٧٢
  42. Principle 3082Engaging in commerce in Kuwait. Prohibited for non-Kuwaitis except through a Kuwaiti partner or partners holding at least 51% of the total capital. A non-Kuwaiti may not engage in commerce alone. This pertains to public Civil Matters — Volume 10 · Source page
  43. Principle 3083Application of the provision of Article 187 of the Civil Code in the event of a contract’s nullity or annulment. Its prerequisite. The litigants’ request to rely upon it before the trial court. The reason for this.Civil Matters — Volume 10 · Source page
  44. Principle 3084Nullity of the contract. Its effect. Its extinction from the time of its conclusion, so that every effect of its performance disappears if it has been performed. The implication thereof. Restoration of the thing to its oCivil Matters — Volume 10 · Source page
  45. Principle 3085Insurance against damage. It must be based on a legitimate economic interest, such that the insured risk arises from an activity not contrary to public policy and morals. The reason for this. It is impermissible to insurCivil Matters — Volume 10 · Source page
  46. Principle 3086Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Code or any other legislation prohibiting him from engaging in commerce in Kuwait. Its implication. Restoring eCivil Matters — Volume 10 · Source page
  47. Principle 3088The insured must clearly disclose, at the time of concluding the contract, all circumstances known to him which the insurer has an interest in knowing in order to assess the risks it assumes. His silence in that regard oCivil Matters — Volume 10 · Source page
  48. Principle 3089Nullity of the contract. Its effect: its non-existence from the time of its conclusion and elimination of every effect of its performance. Its consequence: restoration of everything to its original state and recovery by Civil Matters — Volume 10 · Source page
  49. Principle 3090Survival of the mortgage granted by an owner whose instrument of title has been declared annulled, rescinded or extinguished, in favour of the mortgage creditor acting in good faith at the time the mortgage was concludedCivil Matters — Volume 10 · Source page
  50. Principle 3092The possibility of performing the obligation is one of the conditions that must be satisfied by its subject matter. The reason therefor. There is no obligation to perform the impossible; otherwise, the contract is void. Civil Matters — Volume 10 · Source page
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