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. شرط المطالبة بالتعويض

    Principle 4001Characterizing the act on which a claim for compensation is based as a fault, or denying that characterization. A question of law subject to review by the Court of Cassation. - Proof that the bank froze the respondent's Civil Matters — Volume 10 · Source page ٧٤٠
  2. Principle 4002The relationship of subordination on which the superior's liability for his subordinate's fault rests. Its nature. The latter's subjection to the superior's orders as to how to perform the work he carries out on the supeCivil Matters — Volume 10 · Source page ٧٤٠
  3. Principle 4005Determining the existence of damage warranting compensation and whether the injured person contributed to causing it and the extent of that contribution. Within the authority of the court of merits, provided its inferencCivil Matters — Volume 10 · Source page ٧٤١
  4. Principle 4006Compensation for a harmful act. Its basis is the fault committed by the perpetrator of the act.Civil Matters — Volume 10 · Source page ٧٤١
  5. Principle 4007Inferring the presence or absence of harm giving rise to compensation. A matter for the trial court. Its condition. Example.Civil Matters — Volume 10 · Source page ٧٤١
  6. Principle 4010Contractual fault in an obligation to exercise care. It is the failure to exercise the required care and departure from the requisite conduct. - A lawyer's liability arises where his failure to perform his duty results iCivil Matters — Volume 10 · Source page ٧٤١
  7. Principle 4011Inferring the existence or absence of contractual fault giving rise to the lawyer’s liability toward his client, and proof or lack of proof of harm warranting compensation. Questions of fact falling within the authority Civil Matters — Volume 10 · Source page ٧٤١
  8. Principle 4013The court's satisfaction in the incidental action, exercising its authority to accept some of the appointed expert's report and reject other parts, that the papers contain no evidence of the appellant's allegation of damCivil Matters — Volume 10 · Source page ٧٤١
  9. Principle 4015Awarding compensation under either tortious or contractual liability. Its condition: that the damage be direct. The exception: compensation under tortious liability is broader in scope, encompassing foreseeable and unforCivil Matters — Volume 10 · Source page ٧٤٢

  10. الغاية من التعويض

    Principle 4016An award of compensation. Its condition: the wrongful act causing damage to another. Compensation for an unlawful act encompasses damage even if moral. The purpose of compensation:Civil Matters — Volume 10 · Source page ٧٤٢

  11. ما لا يؤثر في الأحقية في التعويض

    Principle 4017The purpose of compensation is to make good the damage in a manner equivalent to it and not exceeding it. What does not affect entitlement to compensation:Civil Matters — Volume 10 · Source page ٧٤٢
  12. Principle 4018The heirs’ right to a pension. An obligation owed by the Public Institution for Social Security whose source is the law, except for the exceptional pension, whose source is the harmful act, whereas the basis of compensatCivil Matters — Volume 10 · Source page ٧٤٢
  13. Principle 4019A judgment rendered in criminal matters. The extent of its binding effect in the civil action before the court. - A judgment of acquittal for absence of criminal fault. Does not preclude an award of compensation based onCivil Matters — Volume 10 · Source page ٧٤٢
  14. Principle 4020Granting a pension to the deceased's heirs. Has no effect on assessing the compensation due as a result of the accident. The reason: the pension is an obligation owed by the entity entrusted with paying it in return for Civil Matters — Volume 10 · Source page ٧٤٣
  15. Principle 4021Taking into account any pension or gratuity awarded to the injured party when assessing compensation has no place unless it was awarded exceptionally on account of the damage for which compensation is sought. The wife's Civil Matters — Volume 10 · Source page ٧٤٣
  16. Principle 4022Granting a pension to the heirs does not prevent them from claiming full compensation for the harmful act. Reason therefor.Civil Matters — Volume 10 · Source page ٧٤٣
  17. Principle 4023A judgment of acquittal for lack of criminal fault. Does not prevent the court from awarding compensation for the occurrence of another fault or the existence of another liability. The reason: the absence of a common basCivil Matters — Volume 10 · Source page ٧٤٣

  18. التعويض عن المسئولية العقدية

    Principle 4026The exchanging party’s failure to perform the contractual obligation to deliver at the agreed time. Constitutes a breach of that obligation giving rise to liability entailing compensation for damage. What the compensatioCivil Matters — Volume 10 · Source page ٧٤٤
  19. Principle 4027Compensation not being assessed in the contract or a provision of law. The compensation due in this case must not exceed the loss incurred or gain forgone that would ordinarily be foreseeable at the time of contracting, Civil Matters — Volume 10 · Source page ٧٤٤
  20. Principle 4028Formal notice to the debtor. Its lack of connection with public policy. The effect thereof. The issue of formal notice is not considered to be present in the action and always raised therein. The court raising it of its Civil Matters — Volume 10 · Source page ٧٤٤
  21. Principle 4029Compensation to the buyer under the warranty against eviction under the former Commercial Law. Recourse in this regard to its general rules because it contains no regulation thereof. Articles 162, 163 thereof. CompensatiCivil Matters — Volume 10 · Source page ٧٤٤
  22. Principle 4030Entitlement to compensation for nonperformance of an obligation and delay in its performance. Its condition. The creditor’s formal notice to the debtor requiring performance of the obligation.Civil Matters — Volume 10 · Source page ٧٤٤
  23. Principle 4031Invalidity of the contract for exploitation of the property does not preclude the obligation to pay consideration for its exploitation as compensation equivalent to the benefit received.Civil Matters — Volume 10 · Source page ٧٤٤
  24. Principle 4034The freedom of contracting parties to modify the rules of contractual liability within the limits of the law and public policy. - A provision in the insurance policy granting the insurer recourse against the insured for Civil Matters — Volume 10 · Source page ٧٤٥
  25. Principle 4035Inferring the existence or absence of fault giving rise to the lawyer's liability toward his client, and whether damage warranting compensation is established or not established. A question of fact within the authority oCivil Matters — Volume 10 · Source page ٧٤٥
  26. Principle 4036The lawyer’s obligation toward the client. An obligation to perform work with a degree of care. The general rule regarding this care. - Contractual fault in an obligation to exercise care. Its nature. - The lawyer’s contCivil Matters — Volume 10 · Source page ٧٤٥
  27. Principle 4037Impossibility of restitution in kind by one of the contracting parties upon invalidity of the contract. He may be required to render an equivalent. - An award of equivalent performance upon invalidity of the contract doeCivil Matters — Volume 10 · Source page ٧٤٥
  28. Principle 4038The debtor’s failure to perform his obligation. Its effect. The creditor’s right to judicial authorization to perform it at the debtor’s expense. - The contractor’s performance of his obligation in a defective manner or Civil Matters — Volume 10 · Source page ٧٤٥
  29. Principle 4039Nullity or annulment of the contract. Its effect. Its extinction retroactively to the time of its conclusion, treating its performance as though it had not occurred, and restoring the contracting parties to their positioCivil Matters — Volume 10 · Source page ٧٤٦
  30. Principle 4041What the Civil Code provides concerning joining the seller in an action claiming title to the thing sold, failing which the buyer's right to the warranty against eviction lapses, and its absence of the provision restrictCivil Matters — Volume 10 · Source page ٧٤٦
  31. Principle 4042The warranty against eviction is an obligation owed by the seller arising from the contract of sale. The purchaser’s recourse against the seller under it. Includes a request for performance of the obligation to transfer Civil Matters — Volume 10 · Source page ٧٤٦
  32. Principle 4043Impossibility of the seller performing his obligation in kind to transfer ownership. The buyer may have recourse against him under the warranty against eviction by way of compensation. - Compensation making good the damaCivil Matters — Volume 10 · Source page ٧٤٦
  33. Principle 4046Nullity of the contract. Its nature. Its effect. Restoring the contracting parties to the position they were in. Impossibility thereof. Its consequence. The judge may order equivalent performance.Civil Matters — Volume 10 · Source page ٧٤٧
  34. Principle 4047Compensation in contractual liability is confined to foreseeable direct damage except in the two cases of fraud and gross fault. Loss of the opportunity to benefit from the provisions of Law No. 43 of 1993 waiving vehiclCivil Matters — Volume 10 · Source page ٧٤٧
  35. Principle 4048New claims on appeal. What is not considered such. An example concerning a claim for equivalent performance on the basis of unjust enrichment and the Court of Appeal’s rejection of both, with its effect that an absolutelCivil Matters — Volume 10 · Source page ٧٤٧
  36. Principle 4049An award of equivalent performance upon the invalidity of the contract. Its criterion. That the litigant invoke it. Example.Civil Matters — Volume 10 · Source page ٧٤٧
  37. Principle 4050The court of merits’ assessment of compensation in the event of nullity of the contract falls within its discretionary authority. Its consequence: it does not constitute performance of the contract adjudged void. - 747 -Civil Matters — Volume 10 · Source page ٧٤٧
  38. Principle 4051Nullity of a commercial contract concluded by a non-Kuwaiti in violation of the prescribed prohibition. Its nullity does not affect the claiming of his rights on another legal basis, even on appeal. - Equivalent performaCivil Matters — Volume 10 · Source page ٧٤٨
  39. Principle 4053The import of damage warranting compensation for rescission consists in the loss sustained by the injured party and the profit he has forgone. Although an opportunity is a contingent matter, its loss is a certainty, and Civil Matters — Volume 10 · Source page
  40. Principle 4054Nullity of the contract as a result of the fault of one contracting party but not the other. The latter has the right to compensation for the damage caused to him by the nullity. The basis thereof. The person who sustainCivil Matters — Volume 10 · Source page
  41. Principle 4055Nullity of the contract. Its consequence. Its extinction, restoration of everything to its original state, and recovery by each contracting party of what he gave. The impossibility of this. Permissibility of ordering equCivil Matters — Volume 10 · Source page
  42. Principle 4056The debtor’s failure to perform his contractual obligation. A fault giving rise to liability. - Establishment of the element of damage. A necessary condition for liability. - Determining the existence of damage warrantinCivil Matters — Volume 10 · Source page
  43. Principle 4057The impossibility of restoring the contracting parties to the position they occupied upon contracting after a judgment declaring the contract void before the court of first instance. Effect thereof. The right arises to sCivil Matters — Volume 10 · Source page
  44. Principle 4060Contractual fault in an obligation to exercise care. It is the failure to exercise the required care and deviation from the requisite conduct. - A lawyer's liability arises where he fails to perform his duty in a manner Civil Matters — Volume 10 · Source page
  45. Principle 4062The court of merits. Its duty to ascertain, of its own motion, the correct legal rule applicable to the relationship between the parties to the compensation action and to apply it to the facts before it. - The direct cauCivil Matters — Volume 10 · Source page
  46. Principle 4066Conclusion of the sale contract before the date on which the Civil Code came into force. Its effect. Its provisions do not apply to future effects, including rescission for the seller’s lack of ownership of the thing solCivil Matters — Volume 10 · Source page
  47. Principle 4068Failure by either party to a bilaterally binding contract to perform his obligation. Its effect: gives rise to compensation for the other party injured as a result of this breach.Civil Matters — Volume 10 · Source page
  48. Principle 4069Contractual liability and tort liability. The legislature assigned each its own provisions independent of the other and defined the scope of each. - The existence of a legal relationship defined as to its parties and scoCivil Matters — Volume 10 · Source page
  49. Principle 4070The nullity or annulment of the contract. Its effect. Its non-existence from the time of its conclusion, treating its performance as never having occurred, and restoring the situation to what it was at the time of contraCivil Matters — Volume 10 · Source page
  50. Principle 4071The seller's obligation to deliver the thing sold with the description agreed upon in the contract. Absence of that description. The purchaser has the option of rescinding the contract or maintaining it, with compensatioCivil Matters — Volume 10 · Source page
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