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. الإثِراء بلا سبب

    Principle 3221An action to recover what was paid without right, which is one form of enrichment. When it becomes time-barred.Civil Matters — Volume 10 · Source page ٥٩٩
  2. Principle 3222The rule of unjust enrichment. It may not be applied where a contract governs the relationship between the parties. Nullity of the contract or its disregard as a basis for the action. Either contracting party may have reCivil Matters — Volume 10 · Source page ٥٩٩
  3. Principle 3223The principle of enrichment without cause. Its purport. Anyone 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 Civil Matters — Volume 10 · Source page ٥٩٩
  4. Principle 3224Establishment that one litigant was not enriched at the expense of the other, whose patrimony was not, at the same time, impoverished by the consideration for use claimed. Effect: the claim has no foundation.Civil Matters — Volume 10 · Source page ٥٩٩
  5. Principle 3225Non-application of the rule of unjust enrichment. Its prerequisite. The existence of a contract governing the parties' relationship. Nullity of the contract or its disregard as a basis for the action. Its effect. RecoursCivil Matters — Volume 10 · Source page ٥٩٩
  6. Principle 3226Nullity of a contract concluded by a non-Kuwaiti for violation of the prohibition contained in the Commercial Law or any other legislation prohibiting him from engaging in trade in Kuwait. Its implication. Restoring everCivil Matters — Volume 10 · Source page ٦٠٠
  7. Principle 3227Entitlement. Its nature: it is not entitlement to the thing itself, but entitlement to receive it. Receipt of the thing to which one is entitled negates unjust enrichment. Its effect. No obligation to return that thing, Civil Matters — Volume 10 · Source page ٦٠٠
  8. Principle 3228Nullity of a contract concluded by a non-Kuwaiti for violating the prohibition contained in the Commercial Code or any other legislation barring him from engaging in commerce in Kuwait. It does not preclude his claiming Civil Matters — Volume 10 · Source page ٦٠٠
  9. Principle 3229Nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied at the time of the contract. Impossibility of this. Its implication: each party to the contract that benefited from its pCivil Matters — Volume 10 · Source page ٦٠٠
  10. Principle 3230The obligation of equivalent performance. Its direct source is unjust enrichment. - An unjust enrichment action. When it becomes time-barred. Article 263, Civil Code. - Running of the limitation period for an unjust enriCivil Matters — Volume 10 · Source page ٦٠٠
  11. Principle 3231Nullity of a contract concluded by a non-Kuwaiti for violation of the prohibition contained in the Commercial Law or any other legislation. Requires restoring everything to its original state and each contracting party rCivil Matters — Volume 10 · Source page ٦٠١
  12. Principle 3234Receipt of what is not due. Sufficient, as a general rule, to impose an obligation of restitution on the recipient. The reason for this. The latter is considered to be enriched without right at another's expense. Lack ofCivil Matters — Volume 10 · Source page ٦٠١
  13. Principle 3235Purpose of compensation. Reparation of the damage in an amount commensurate with, and not exceeding, it. Combining two awards of compensation for a single injury is impermissible. Example concerning unjust enrichment by Civil Matters — Volume 10 · Source page ٦٠١
  14. Principle 3236Combining housing in kind and its rent in cash at the same time is impermissible. The principle is performance of the obligation in kind. Provision of housing by the person obliged to pay maintenance. Its consequence. HeCivil Matters — Volume 10 · Source page ٦٠١
  15. Principle 3238Provisions determining working hours. Their relation to public policy. Its implication. Nullity of every agreement contravening the maximum working hours, both ordinary and overtime. An employee's work for hours exceedinCivil Matters — Volume 10 · Source page ٦٠٢
  16. Principle 3239Enrichment without lawful cause at another's expense. Its effect. The enriched person is obliged, to the extent of his enrichment, to compensate the other person so as to remove his loss. - Enrichment devoid of lawful caCivil Matters — Volume 10 · Source page ٦٠٢
  17. Principle 3240Recourse by a third party who was not obliged to pay, for what that party paid on behalf of the debtor, by a personal action, whether based on management of another's affairs without mandate or unjust enrichment. Its conCivil Matters — Volume 10 · Source page ٦٠٢
  18. Principle 3241The 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 him from claiming his right on anoCivil Matters — Volume 10 · Source page ٦٠٢
  19. Principle 3242The principle of unjust enrichment. Its import: everyone enriched at another's expense without lawful cause is obliged to pay that other, within the limits of his own enrichment, what removes the loss from that other. ThCivil Matters — Volume 10 · Source page ٦٠٣
  20. Principle 3243Unjust enrichment. There is no basis for applying its rules where a contract exists between the parties. The rationale for this. - Nullity of the contract or its not being recognized as the basis of the action. Either coCivil Matters — Volume 10 · Source page ٦٠٣
  21. Principle 3244An unjust enrichment action. Its limitation period is 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 this rigCivil Matters — Volume 10 · Source page ٦٠٣
  22. Principle 3245Receipt of what is not due. Sufficient to impose an obligation of restitution upon the recipient. This includes every case in which the recipient rightfully received what he received and something subsequently occurred tCivil Matters — Volume 10 · Source page ٦٠٣
  23. Principle 3246Receipt of what is not due. Sufficient to impose upon the recipient an obligation of restitution, on the ground that he is unjustly enriched at another's expense; what matters is what he received. In determining that somCivil Matters — Volume 10 · Source page ٦٠٣
  24. Principle 3247The rule of enrichment without cause. Among the conditions for its application: selection of the lawful cause justifying the enrichment and impoverishment. - 603 - Obligation - Cause is the legal source conferring enrichCivil Matters — Volume 10 · Source page ٦٠٣

  25. تسلم غير المستحق

    Principle 3250Application of Article 181/2 of the Commercial Code. Its condition. That the person seeking restitution made payment knowing that the person paid was not entitled to receive the amount claimed.Civil Matters — Volume 10 · Source page ٦٠٤
  26. Principle 3251A request for an order to repay what was collected in execution of an arbitral award finally adjudged void. Is not a tenancy dispute. Rather, it is governed by the rules on restitution of payments not due.Civil Matters — Volume 10 · Source page ٦٠٤
  27. Principle 3252Entitlement means not the recipient's entitlement to the thing itself, but his entitlement to receive it. - Lack of entitlement is to be considered from the recipient's perspective, not the payer's. - Receipt of what is Civil Matters — Volume 10 · Source page ٦٠٤
  28. Principle 3253Nationality of origin - Its nature and when it is established. - A person joining military service on the basis that he is a Kuwaiti national. His receipt of an end-of-service gratuity on the basis that he is not a KuwaiCivil Matters — Volume 10 · Source page ٦٠٥
  29. Principle 3254Issuance of a decision by the Scholarships Committee dismissing the scholarship recipient. Its effect. His obligation to repay the expenses of his scholarship.Civil Matters — Volume 10 · Source page ٦٠٥
  30. Principle 3258An action to recover what was paid without entitlement. It is one form of enrichment. When it becomes time-barred.Civil Matters — Volume 10 · Source page ٦٠٥
  31. Principle 3259Receipt of what is not due. Sufficient, as a general rule, to impose an obligation of restitution on the recipient. Reason thereof. The latter is considered to be unjustly enriched at another's expense. The criterion forCivil Matters — Volume 10 · Source page ٦٠٥
  32. Principle 3260The general rule is that anyone who receives something to which he is not entitled is obliged to return it. Entitlement. Its meaning. It is not the recipient’s entitlement to the thing itself, but rather entitlement to rCivil Matters — Volume 10 · Source page ٦٠٦

  33. الفضالة

    Principle 3262A voluntary agent is one who undertakes urgent work for another's account without being obliged to do so. He must exercise the care of an ordinary person in that work; otherwise, he is liable for his fault. The voluntaryCivil Matters — Volume 10 · Source page ٦٠٦
  34. Principle 3263Inferring the existence or absence of fault on the part of a person managing another's affairs without authorization. A factual matter exclusively for the court of merits.Civil Matters — Volume 10 · Source page ٦٠٧
  35. Principle 3264The obligation of the voluntary manager of another’s affairs is an obligation to exercise care. The principal must compensate the voluntary manager for the harm he suffers as a result of undertaking the work.Civil Matters — Volume 10 · Source page ٦٠٧
  36. Principle 3266Management of another's affairs without mandate. Its nature. - A bank may not extend the validity of a letter of guarantee without the applicant's express consent; otherwise, its act is ineffective against the applicant.Civil Matters — Volume 10 · Source page ٦٠٧
  37. Principle 3267Transfer of debt. Its effect. Validity of payment to a person other than the creditor. Its prerequisite. Fulfilment of the conditions for management of another’s affairs without mandate.Civil Matters — Volume 10 · Source page ٦٠٧
  38. Principle 3268Management of another's affairs without mandate. Its nature. Article 269, Civil Code. The voluntary manager's intention must be to act in another's interest. His intention to act in his own interest. He is not consideredCivil Matters — Volume 10 · Source page ٦٠٧
  39. Principle 3270An action arising from management of another's affairs without mandate. It becomes time-barred upon the lapse of three years from the day of knowledge that the right arose, or fifteen years from the day on which it ariseCivil Matters — Volume 10 · Source page ٦٠٨

  40. الخطأ

    Principle 3272An action brought on the basis of a principal's liability for the acts of his subordinate. It does not arise from the Labour Law and cannot be characterized as a labour dispute. It does not fall within the subject-matterCivil Matters — Volume 10 · Source page ٦٠٨
  41. Principle 3273Determining tortious fault. Disregarding the subjective circumstances pertaining to the injured person. Its meaning. Establishment that the victim belongs to the class of boys. His conduct while playing must be measured Civil Matters — Volume 10 · Source page
  42. Principle 3274Determination of tortious fault. The legislature adopted the objective rather than the subjective approach. Its import. The standard of fault. The conduct of the ordinary person. The internal, subjective circumstances suCivil Matters — Volume 10 · Source page
  43. Principle 3275The judgment's basing its ruling on the absence of the element of fault. A challenge directed at the element of damage. Ineffective.Civil Matters — Volume 10 · Source page
  44. Principle 3276Inferring fault giving rise to liability. A matter of fact within the independent authority of the trial judge. The condition for this. - The judgment concluding that publication of the news did not constitute fault, on Civil Matters — Volume 10 · Source page
  45. Principle 3278Characterizing an act as constituting fault or not constituting fault is a question of law. However, determining the existence or absence of fault is a question of fact within the authority of the court of merits, providCivil Matters — Volume 10 · Source page
  46. Principle 3285Payment by the drawee bank of the value of a cheque bearing a forged signature. In principle, the consequences of this payment fall upon the bank vis-à-vis its customer, however skilful the forgery of the signature, unleCivil Matters — Volume 10 · Source page
  47. Principle 3290Unlawful commercial competition constitutes a tortious act entailing liability and compensation for damage. - Inferring fault giving rise to liability and assessing the expert's opinion. Within the authority of the courtCivil Matters — Volume 10 · Source page
  48. Principle 3291Inferring the fault giving rise to liability, examining evidence and documents, drawing conclusions consistent with the facts of the action, and accepting such of them as it finds reliable fall within the authority of thCivil Matters — Volume 10 · Source page
  49. Principle 3293The drawer’s negligence in safeguarding the cheque book delivered to him by the bank entails his liability, rather than that of the drawee bank, toward the injured endorsees. The drawer’s obligation to safeguard the bookCivil Matters — Volume 10 · Source page
  50. Principle 3294Unfair competition, including the imitation of one trademark by another, is a form of tortious liability whose establishment requires the elements of that liability: fault, damage, and a causal relationship. - Inferring Civil Matters — Volume 10 · Source page
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