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. إبطال العقد

    Principle 3153A contract concluded by an agent exceeding his authority. Voidable in favour of the principal alone. He may annul or ratify it. Ratification relates back to the date on which the contract was concluded.Civil Matters — Volume 10 · Source page ٥٨٧
  2. Principle 3154Assessment of the principal's ratification of a contract concluded by the agent beyond the limits of the agency. A factual matter independently determined by the court of merits, provided its assessment is reasonable.Civil Matters — Volume 10 · Source page ٥٨٧
  3. Principle 3155Implied ratification of a voidable contract. How it occurs. Inferring it. Within the authority of the court of merits. - 587 - ObligationCivil Matters — Volume 10 · Source page ٥٨٧

  4. القانون الذي يسري على العقود

    Principle 3156Dispositions of a minor possessing discernment: when they are valid and when they are void or voidable in his interest, unless subsequently ratified by the person having authority to make them initially, or by him after Civil Matters — Volume 10 · Source page ٥٨٨

  5. الإثِراء بلا سبب

    Principle 3161Recourse by an unjust enrichment action. Precluded where a basis for recourse exists. Example. - 588 - ObligationCivil Matters — Volume 10 · Source page ٥٨٨
  6. Principle 3162Payment of a debt under the influence of a particular assertion. Establishment that this assertion is unsound. The payer may recover what he paid through an unjust enrichment action.Civil Matters — Volume 10 · Source page ٥٨٩
  7. Principle 3163The purpose of compensation is to provide the injured person with commensurate reparation. Any excess constitutes unjust enrichment. The effect thereof.Civil Matters — Volume 10 · Source page ٥٨٩
  8. Principle 3164Exclusion of the action for non-payment of the fee. Its effect. The action is deemed not to have been brought before the court or to have come within its cognizance, and there is no basis for collecting the fee. CollectiCivil Matters — Volume 10 · Source page ٥٨٩
  9. Principle 3165Anyone who is enriched at another’s expense without lawful cause is obliged to pay that other person, within the limits of his own enrichment, what remedies that person’s loss, provided that a relationship of connection Civil Matters — Volume 10 · Source page ٥٨٩
  10. Principle 3167The rule of unjust enrichment. No scope for its application where a contract exists. - Nullity of the contract or its disregard as the basis of the action. Effect. Recourse through an unjust enrichment action is permissiCivil Matters — Volume 10 · Source page ٥٨٩
  11. Principle 3168The obligation to return what is not due. The meaning of entitlement. The determining consideration in the absence of entitlement is from the recipient's perspective, not the payer's. The effect thereof. - 589 - ObligatiCivil Matters — Volume 10 · Source page ٥٨٩
  12. Principle 3169The claimant in an action concerning receipt of what is not due is the creditor recovering what he paid without legal entitlement.Civil Matters — Volume 10 · Source page ٥٩٠
  13. Principle 3170The obligation to return what is not due. Meaning of entitlement. Lack of entitlement is assessed from the recipient’s perspective, not the payer’s. The payer’s mistake or intention is of no avail.Civil Matters — Volume 10 · Source page ٥٩٠
  14. Principle 3171The payer may have recourse against the debtor to the extent of what he paid, by an action for management of another's affairs without mandate or an action for unjust enrichment. The condition thereof.Civil Matters — Volume 10 · Source page ٥٩٠
  15. Principle 3172An action for unjust enrichment does not lie where a contractual relationship exists between the parties to the dispute.Civil Matters — Volume 10 · Source page ٥٩٠
  16. Principle 3173Nullity of a commercial contract concluded by a non-Kuwaiti in contravention of the statutory prohibition preventing him from engaging in commerce in Kuwait. Does not prevent him from claiming his rights on another legalCivil Matters — Volume 10 · Source page ٥٩٠
  17. Principle 3174Existence of a contractual relationship. Its necessary consequence. No unjust enrichment action lies. Reason therefor.Civil Matters — Volume 10 · Source page ٥٩٠
  18. Principle 3175An unjust enrichment action is time-barred upon the lapse of three years from the day the injured person learns of his right to compensation, or upon the expiry of fifteen years from the day that right arises. Whichever Civil Matters — Volume 10 · Source page ٥٩٠
  19. Principle 3176Acceptance of cheques in satisfaction of a debt despite knowledge that they have no funds, and exemption from guarantee. Its effect. Extinguishment of the debt and discharge of liability for it without being conditional Civil Matters — Volume 10 · Source page ٥٩٠
  20. Principle 3177The criterion for absence of entitlement. It is viewed from the recipient's perspective, not the payer's perspective. - 590 - Obligation - An action for restitution of what was not due is time-barred after three years frCivil Matters — Volume 10 · Source page ٥٩٠
  21. Principle 3179Nullity or annulment of the contract. Its import. Extinguishing the contract from the time of its conclusion. The effect of this. Restoring the contracting parties to their position before the contract. Impossibility of Civil Matters — Volume 10 · Source page ٥٩١
  22. Principle 3180Judicial demand. Its nature. Its effect. Defining the scope of the action for the judge and the litigants. The implication thereof. New claims on appeal. What is not regarded as such. An example concerning a claim for eqCivil Matters — Volume 10 · Source page ٥٩١
  23. Principle 3182Restoring the contracting parties to the position they were in at the time of the contract that was void or annulled for contravening public order. Its condition. The person relying on this must submit his claim to the tCivil Matters — Volume 10 · Source page ٥٩١
  24. Principle 3185Limitation of an action claiming payment of a cheque. Does not prevent the holder or the person liable for its value from having recourse against the drawer. For compensation. The basis thereof. Unjust enrichment.Civil Matters — Volume 10 · Source page ٥٩٢
  25. Principle 3186An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, only within the limits of what has been appealed. A new ground may be added while the original claim remains unchanged. Civil Matters — Volume 10 · Source page ٥٩٢
  26. Principle 3187The rule of unjust enrichment. No scope for its application where a contract exists. The reason therefor. Excepted from this. The case of the contract’s nullity or its being disregarded as a basis for the action. - ExtinCivil Matters — Volume 10 · Source page ٥٩٢
  27. Principle 3188The knowledge from which the limitation period specific to actions arising from a contract of carriage by sea begins to run. What is meant thereby. The right-holder’s actual knowledge of his right to recover what was paiCivil Matters — Volume 10 · Source page ٥٩٢
  28. Principle 3189Assessment of compensation. A matter for the court of merits, according to the ordinary course of similar matters, without exaggeration or excess. Exceeding that. Enrichment. - Absence from the papers of the fact upon whCivil Matters — Volume 10 · Source page ٥٩٢
  29. Principle 3190Equivalent performance. Its basis is unjust enrichment. - An action for unjust enrichment. When it becomes time-barred. - 592 - Obligation - The limitation period for an action for unjust enrichment begins to run upon thCivil Matters — Volume 10 · Source page ٥٩٢
  30. Principle 3191An unjust enrichment action is time-barred upon the lapse of three years from the day on which the person who suffered harm learns of his right to compensation, or upon the expiry of fifteen years from the day on which tCivil Matters — Volume 10 · Source page ٥٩٣
  31. Principle 3193The nullity of a contract concluded by a non-Kuwaiti in breach of the prohibition contained in the Commercial Code or any other legislation prohibiting a non-Kuwaiti from engaging in commerce in Kuwait requires restoratiCivil Matters — Volume 10 · Source page ٥٩٣
  32. Principle 3196A judicial claim. A procedure addressed to the court against the opposing party, whereby the scope of the action is determined. The court must adhere to that scope when deciding the action. - New claims are inadmissible Civil Matters — Volume 10 · Source page ٥٩٤
  33. Principle 3197An action for unjust enrichment does not lie where a contractual relationship exists between the parties to the dispute. An example.Civil Matters — Volume 10 · Source page ٥٩٤
  34. Principle 3198Unjust enrichment. Its criterion. The injured party must not be entitled to the compensation awarded.Civil Matters — Volume 10 · Source page ٥٩٤
  35. Principle 3199An unjust enrichment action. When it is barred. - An action for liability for an unlawful act. When it is barred. Such an action arising from a crime. Its effect. It is not barred, and its limitation period is suspended Civil Matters — Volume 10 · Source page ٥٩٤
  36. Principle 3201Default interest, whether statutory or contractual. Its criterion. The debt that the debtor has delayed paying must arise from a commercial obligation or act. The debt being civil. Its effect. Claiming interest on it is Civil Matters — Volume 10 · Source page ٥٩٥
  37. Principle 3202Pursuing the payment-order procedure. Its condition. The debt must be a sum of money, established in writing, due for payment, and of a specified amount. Absence of any of these conditions. Its effect. Following the ordiCivil Matters — Volume 10 · Source page ٥٩٥
  38. Principle 3203Enrichment without lawful cause at another's expense. Its effect. The enriched party's obligation, to the extent of his enrichment, to compensate the other person so as to remove his loss. The other person may not have rCivil Matters — Volume 10 · Source page ٥٩٥
  39. Principle 3208Nullity of a contract. It extinguishes the contract from the time of its conclusion and removes every effect of its performance. Its implication. Restoring everything to its original state and each contracting party recoCivil Matters — Volume 10 · Source page ٥٩٦
  40. Principle 3209The obligation of equivalent performance. Its source is the rule of unjust enrichment. Article 262, Civil Code. Its implication. Proof of fault on the part of the contracting party required to make restitution or equivalCivil Matters — Volume 10 · Source page ٥٩٦
  41. Principle 3210What is meant by entitlement in unjust enrichment is not the recipient's entitlement to the thing itself, but entitlement to receive it. - The criterion for lack of entitlement in unjust enrichment is to consider it fromCivil Matters — Volume 10 · Source page
  42. Principle 3211Delivery of what is not due. Sufficient to impose an obligation of restitution on the recipient. The basis for this. Unjust enrichment at another's expense by what he received. The reason why it was not due is immaterialCivil Matters — Volume 10 · Source page
  43. Principle 3212Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Code or any other legislation preventing that person from engaging in commerce in Kuwait. Its implication. RestCivil Matters — Volume 10 · Source page
  44. Principle 3213Enrichment without lawful cause at another's expense. Its effect. An obligation to compensate that other person for the damage sustained, within the limits of the enrichment. This obligation remains in existence even if Civil Matters — Volume 10 · Source page
  45. Principle 3214Judgments having acquired the authority of res judicata. Conclusive as to what they have determined of the dispute, and no evidence rebutting this presumption may be admitted. Its condition. Identity of subject matter, cCivil Matters — Volume 10 · Source page
  46. Principle 3215The obligation of every person enriched at another's expense without lawful cause to pay the impoverished person, within the limits of his enrichment, an amount that remedies his loss. Article 262 of the Civil Code. - CaCivil Matters — Volume 10 · Source page
  47. Principle 3216The general principle is that anyone who receives something not due to him must return it. Entitlement. Its meaning. It is not the recipient's entitlement to the thing itself, but entitlement to receive it. The criterionCivil Matters — Volume 10 · Source page
  48. Principle 3217Nullity or annulment of a contract. Effect. Its nonexistence from the time of its conclusion, treating its performance as though it had not occurred, and restoring the situation to what it was at the time of contracting.Civil Matters — Volume 10 · Source page
  49. Principle 3218The obligation to render equivalent performance. Its direct source. The rule of unjust enrichment. - 598 - Obligation - Nullity or annulment of the contract. Its effect. Restoring the contracting parties to the position Civil Matters — Volume 10 · Source page
  50. Principle 3220Existence of a contractual relationship between the parties to the dispute. Its effect. No action for enrichment without cause lies. The reason therefor.Civil Matters — Volume 10 · Source page
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