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. بطلان العقد وانعدامه

    Principle 3093Offering company shares for subscription. The legislature regulated it, required that subscription be genuine and prohibited sham subscription or subscription under fictitious names. Contravention thereof. Its effect. AbCivil Matters — Volume 10 · Source page ٥٧٥
  2. Principle 3094A void contract. A nullity, producing no effect whatsoever from the time of its conclusion. Its implication. Its performance is deemed never to have occurred if it - 575 - Obligation has been performed, requiring the conCivil Matters — Volume 10 · Source page ٥٧٥
  3. Principle 3096Nullity or annulment of a contract. Its effect. Its non-existence from the time of its conclusion, treating its performance as though it had never occurred, and restoring the position to what it was at the time of contraCivil Matters — Volume 10 · Source page ٥٧٦
  4. Principle 3097The obligation of equivalent performance. Its direct source. The rule of unjust enrichment. - Nullity or annulment of a contract. Its effect. Restoring the contracting parties to the position they were in before contractCivil Matters — Volume 10 · Source page ٥٧٦
  5. Principle 3098The rule of unjust enrichment. Its application is impermissible where a contract governs the relationship between the parties. Nullity of the contract or its disregard as the basis of the action. Either contracting partyCivil Matters — Volume 10 · Source page ٥٧٦
  6. Principle 3100Nullity or annulment of the contract. Its effect. Extinguishing it retroactively to the time of its conclusion and treating its performance as if it had not occurred - 576 - Obligation, with restoration of the contractinCivil Matters — Volume 10 · Source page ٥٧٦
  7. Principle 3101Formation of a limited liability company or any amendment made thereto. The requirement that it be embodied in an official instrument. The rationale: it is a matter of public policy. Contravention thereof. Nonexistence oCivil Matters — Volume 10 · Source page ٥٧٧
  8. Principle 3102Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they were in upon contracting. Impossibility thereof. An order to provide equivalent performance is permissible. Article 1Civil Matters — Volume 10 · Source page ٥٧٧
  9. Principle 3103A person who obtained a government house through the housing welfare system benefiting from exemption from its price. Disposal of it after his death if his heirs include children who have not attained the age of majorityCivil Matters — Volume 10 · Source page ٥٧٧
  10. Principle 3104The rules concerning the opening and ownership of shops and establishments for the purpose of engaging in trade or practising a profession or craft. The legislature regulated them by Law 32 of 1969 (*) as amended by Law Civil Matters — Volume 10 · Source page ٥٧٧
  11. Principle 3105A void contract. Its effect. Articles 184, 185, Civil Code. The challenged judgment's refusal to declare the contract void because the appellant had not brought a separate action for that purpose. Deficiency in reasoningCivil Matters — Volume 10 · Source page ٥٧٨
  12. Principle 3107Formation of a limited liability company or making any amendment thereto. Its condition. It must be embodied in an official instrument. Contravention thereof. Its effect. Absolute nullity. - A void contract. It produces Civil Matters — Volume 10 · Source page ٥٧٨
  13. Principle 3108A void contract cannot serve as a basis for claiming any obligations resulting from it. The effect thereof: this nullity extinguishes the contract from the time of its conclusion. The consequence: restoring everything toCivil Matters — Volume 10 · Source page ٥٧٨
  14. Principle 3109A void contract. It produces no effect from the time of its conclusion. Its meaning. Its performance is deemed never to have occurred, the contracting parties are restored to the position they occupied at the time of theCivil Matters — Volume 10 · Source page ٥٧٨
  15. Principle 3111The price is an essential element of sale. It must be fixed or ascertainable for the sale to be concluded. Stating suitable bases for assessing it or making it ascertainable by stating them, or authorizing a third party Civil Matters — Volume 10 · Source page ٥٧٩
  16. Principle 3112A disposition to one of the heirs while retaining possession of the property and the right to enjoy it for life. Is deemed a disposition taking effect after death. Article 943, Civil Code. Its application to a gift contrCivil Matters — Volume 10 · Source page ٥٧٩
  17. Principle 3113Nullity or annulment of the contract. Its effect: extinguishing the contract from the time of its conclusion, treating its performance—if any—as though it had not occurred, and restoring the contracting parties to the poCivil Matters — Volume 10 · Source page ٥٧٩
  18. Principle 3114A marriage contract concluded by an offer from the wife's guardian and acceptance by the insane or mentally deficient husband himself without his legally recognized guardian. A void marriage that cannot be ratified. The Civil Matters — Volume 10 · Source page ٥٧٩
  19. Principle 3115The marriage of a Muslim woman to a non-Muslim man. A void marriage producing none of the effects of a valid marriage. - 579 - Obligation Its condition. Establishment of knowledge of the prohibition and its cause. IgnoraCivil Matters — Volume 10 · Source page ٥٧٩
  20. Principle 3116The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their formation. The form of contract prescribed by law constitutes an essential element of the contract. It Civil Matters — Volume 10 · Source page ٥٨٠
  21. Principle 3117Unjust enrichment. No scope for it where a contract governs the parties’ relationship. Rationale. Nullity of the contract or its non-recognition as the basis of the action. Effect. Permissibility of recourse through an uCivil Matters — Volume 10 · Source page ٥٨٠
  22. Principle 3118Nullity 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 ٥٨٠
  23. Principle 3119A void contract. Cannot serve as a basis for claiming any obligations arising thereunder, produces no effect, and cannot be ratified. Any interested person may invoke its nullity, and the court shall rule on it of its owCivil Matters — Volume 10 · Source page ٥٨٠
  24. Principle 3120Allowing competing companies to display their products in the association's central market, in breach of the investment contract binding the respondent and the appellant, which was declared void. The appellant's claim foCivil Matters — Volume 10 · Source page ٥٨١
  25. Principle 3121Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied upon contracting. Impossibility thereof. Permissibility of imposing an obligation to render equivalent perfoCivil Matters — Volume 10 · Source page ٥٨١
  26. Principle 3122A sale contract whose subject matter is an undivided share in land in respect of which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effecCivil Matters — Volume 10 · Source page ٥٨١
  27. Principle 3124The nullity of a commercial contract concluded by a non-Kuwaiti in contravention of the prohibition contained in the Commercial Code or any other mandatory legislation does not preclude claiming his right on another legaCivil Matters — Volume 10 · Source page ٥٨٢
  28. Principle 3125The absence from the papers of evidence of fault by the first respondent that prevented the second appellant's possession of the chalet. His mere assertion of the invalidity of the assignment contract on grounds of duresCivil Matters — Volume 10 · Source page ٥٨٢
  29. Principle 3126The contracting parties' contravention of a rule pertaining to public policy. Its effect. Absolute nullity of the contract. - Establishment that the female appellant is not of Kuwaiti nationality. Her agreement with the Civil Matters — Volume 10 · Source page ٥٨٢
  30. Principle 3127The court of merits’ assessment of the compensation due, guided by the rights that would have been due to the impoverished party as a result of the void contract. Falls within its discretionary authority. Beyond review bCivil Matters — Volume 10 · Source page ٥٨٢
  31. Principle 3128Nullity or annulment of the contract resulting in its non-existence from the time of its conclusion. Its effect. Treating its performance as if it had not occurred and restoring the contracting parties to their positionsCivil Matters — Volume 10 · Source page ٥٨٢
  32. Principle 3129A void marriage produces none of the effects of marriage. A marriage is void if the wife is within the prohibited degrees of kinship by blood, breastfeeding or affinity, or is another man's wife or observing her waiting Civil Matters — Volume 10 · Source page ٥٨٣
  33. Principle 3130Nullity of the contract or its disregard as a basis for the action. Either contracting party may have recourse against the other through an unjust enrichment action whenever its conditions are met.Civil Matters — Volume 10 · Source page ٥٨٣
  34. Principle 3131Ownership of real estate in the State of Kuwait. Restricted exclusively to Kuwaitis. Other individuals or companies are prohibited from owning it. The effect thereof. Absolute nullity of a contract concluded by a non-KuwCivil Matters — Volume 10 · Source page ٥٨٣
  35. Principle 3132A void contract produces no effect. It is considered such from the time of its conclusion. The consequence thereof: restoring the contracting parties to the position they occupied before contracting whenever feasible. IfCivil Matters — Volume 10 · Source page ٥٨٣
  36. Principle 3133An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title. Its purpose: specific performance of the seller's obligations that transfer ownership to the purchaser, andCivil Matters — Volume 10 · Source page ٥٨٣
  37. Principle 3134Sale of undivided shares in land for which no subdivision decision has been issued. Absolutely void. Article 1 of Law 92 of 1976. The court may declare this of its own motion. This prohibition applies to every sale whoseCivil Matters — Volume 10 · Source page ٥٨٣
  38. Principle 3135A void contract. Produces no effect and is not susceptible to ratification; either contracting party or a third party may invoke its nullity, and the court must rule on it of its own motion. - Rules governing how to openCivil Matters — Volume 10 · Source page ٥٨٤
  39. Principle 3136Nullity of a contract concluded by a non-Kuwaiti because of the prohibition contained in the Commercial Code or any other legislation. Does not preclude the right to claim his rights on another legal basis. - Nullity of Civil Matters — Volume 10 · Source page ٥٨٤
  40. Principle 3137A Kuwaiti contracting with a non-Kuwaiti for commercial activities to be carried out by the latter outside the State of Kuwait for his benefit. A valid contract creating reciprocal obligations binding on both parties. ThCivil Matters — Volume 10 · Source page ٥٨٤
  41. Principle 3138Nullity of the contract. Its effect. Extinguishing the contract from the time of its conclusion, so that an effect of its performance disappears if it has been performed. Its implication: restoring everything to its origCivil Matters — Volume 10 · Source page ٥٨٤
  42. Principle 3139Giving effect to a void contract. Contrary to public policy. The rationale: where the legislature prescribes a particular form for a contract, it is valid only in that form. The implication thereof. Official form is mandCivil Matters — Volume 10 · Source page
  43. Principle 3140The memorandum of association of a limited liability company or any amendment introduced thereto. It must be embodied in an official instrument. Contravention thereof. Its effect. Absolute nullity. Reason: it is a matterCivil Matters — Volume 10 · Source page
  44. Principle 3141Prohibition of ownership of real estate by non-Kuwaitis. The exception. Being an Arab whose nationality belongs to an Arab country. The condition therefor: issuance of a decree granting him this right. Contravention therCivil Matters — Volume 10 · Source page
  45. Principle 3142The right to annul a contract. Its lapse if its holder does not invoke it within three years from the time its cause ceases, unless the law provides otherwise, and upon the expiry of fifteen years from the date of its coCivil Matters — Volume 10 · Source page
  46. Principle 3143The 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 this regard oCivil Matters — Volume 10 · Source page
  47. Principle 3144The law recognized the protection of a good-faith particular successor from the grave harm that annulment of the contract of his predecessor, from whom he received the right, might cause him. Its condition: that the partCivil Matters — Volume 10 · Source page
  48. Principle 3148Nullity or annulment of a contract. Its effect. Extinguishing it retroactively to the time of its conclusion and treating its performance as if it had not occurred, while restoring the contracting parties to their positiCivil Matters — Volume 10 · Source page
  49. Principle 3150Avoidance of the contract. It may not be invoked against a particular successor who acquired his right for consideration and in good faith from the other contracting party. This is confined to avoidance of the contract, Civil Matters — Volume 10 · Source page
  50. Principle 3151Insurance contract. The insured must state all circumstances known to the insurer at the time of conclusion of the contract. The insured's failure to act or submission of an incorrect statement capable of altering the suCivil Matters — Volume 10 · Source page
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