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. الفوائد القانونية كتعويض

    Principle 4142Statutory interest. Its accrual from the time the debt falls due. Its prerequisite. - Statutory interest. Its nature: compensation for delay in fulfilling an obligation to pay a monetary sum.Civil Matters — Volume 10 · Source page ٧٦٤
  2. Principle 4143Banking operations, brokerage, and related activities. Constitute commercial acts regardless of the capacity or intention of the person performing them. - Default interest applies to a debt owed by the debtor that has faCivil Matters — Volume 10 · Source page ٧٦٤
  3. Principle 4144An agreement to receive interest in consideration of benefiting from a sum of money or in consideration of delay in fulfilling the obligation to pay it. It is void. The basis for this. Article 305, Civil Code. The judgmeCivil Matters — Volume 10 · Source page ٧٦٤
  4. Principle 4145Reciprocal obligations. Due for performance simultaneously. An example concerning a supply contract. - Delay in paying a commercial debt on its due date gives rise to damage merely upon its occurrence. An example concernCivil Matters — Volume 10 · Source page ٧٦٤
  5. Principle 4146Awarding statutory interest from the date the commercial debt falls due. Its prerequisite: the subject matter of the monetary obligation being of a known amount at its inception; otherwise, interest accrues from the dateCivil Matters — Volume 10 · Source page ٧٦٥
  6. Principle 4147Application of the provisions of the Commercial Code to merchants and to all commercial acts undertaken by any person, even if not a merchant. When the purchase of land or real property is considered a commercial act andCivil Matters — Volume 10 · Source page ٧٦٥
  7. Principle 4148The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. Its prerequisite. The subject matter of this obligation must be a sum of money of a known amount at the time thCivil Matters — Volume 10 · Source page ٧٦٥
  8. Principle 4149Default interest, whether statutory or contractual. Its prerequisite. The debt which the debtor has delayed paying must arise from a commercial obligation or a commercial act. The debt being civil. Effect thereof. ClaimiCivil Matters — Volume 10 · Source page ٧٦٥
  9. Principle 4150Default interest, statutory or contractual. Its basis. The debt must arise from a commercial obligation or commercial act. Claiming it is prohibited if the debt is civil, and every agreement to the contrary is void. The Civil Matters — Volume 10 · Source page ٧٦٥
  10. Principle 4151Interest for delay in paying a commercial debt. It becomes payable as soon as the debt falls due. The reason for this. - 765 - ObligationCivil Matters — Volume 10 · Source page ٧٦٥
  11. Principle 4152Compensatory or agreed interest. Its nature. - Default interest. Compensation for delay in payment of a commercial debt: its due date gives rise to harm merely upon its occurrence.Civil Matters — Volume 10 · Source page ٧٦٦
  12. Principle 4153Default interest. Its accrual on a debt owed by the debtor that has fallen due and has not been paid. The reason therefor: it constitutes compensation for the debtor's delay in paying a commercial debt, which causes damaCivil Matters — Volume 10 · Source page ٧٦٦
  13. Principle 4154Collecting interest in return for the use of a sum of money or for delay in paying it. Impermissible. Whether such interest is statutory or agreed, so long as the matter adjudicated is civil, not commercial. Rejection ofCivil Matters — Volume 10 · Source page ٧٦٦
  14. Principle 4155Default interest relates to a debt that has fallen due, is considered compensation for the debtor’s delay in paying it, and becomes due when the debt becomes due. Articles 110, 113 of the Commercial Code. - Delay in payiCivil Matters — Volume 10 · Source page ٧٦٦
  15. Principle 4156Commercial debts. The general rule is that default interest accrues on them as soon as they fall due. Its condition. Their subject matter must be money, an amount of money of an ascertainable amount at the time it arisesCivil Matters — Volume 10 · Source page ٧٦٦
  16. Principle 4157Entitlement to default interest, whether statutory or agreed. Its criterion. That it arises from a commercial act. Absence of this. Its effect. Prohibition on claiming interest thereon because it constitutes prohibited uCivil Matters — Volume 10 · Source page ٧٦٧
  17. Principle 4158The debtor's delay in discharging a commercial obligation whose subject is a sum of money of a known amount when the obligation arises. His obligation to pay the creditor statutory interest of 7% as compensation for delaCivil Matters — Volume 10 · Source page ٧٦٧

  18. التعويض في مجال عقد البيع

    Principle 4161Entitlement to the earnest money of the contracting party against whom withdrawal occurred. It is not compensation for damage but consideration for the other party's exercise of the option to withdraw. - A party contractCivil Matters — Volume 10 · Source page ٧٦٨

  19. التعويض عن الوفاة أو الإصابة بسبب العمل وأمراض المهنة

    Principle 4162The seller’s obligation to deliver the thing sold with the description agreed upon in the contract. Absence of that description. The buyer has the option of rescinding the contract or retaining it, with compensation in bCivil Matters — Volume 10 · Source page ٧٦٨
  20. Principle 4163The employer's liability for occupational hazards. The legislature's regulation of its rules so that the worker has the right to compensation for occupational injuries without being required to prove fault on the part ofCivil Matters — Volume 10 · Source page ٧٦٨
  21. Principle 4164The trial court’s obligation to ascertain 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 reason. - Bringing a compensationCivil Matters — Volume 10 · Source page ٧٦٨
  22. Principle 4165The worker’s receipt of lump-sum compensation pursuant to the Labour Law. Does not preclude a claim against the employer responsible for the damage remaining uncompensated. Condition thereof. That the damage arose from tCivil Matters — Volume 10 · Source page ٧٦٩
  23. Principle 4166A worker injured in an accident because of or during work has the right to compensation. Jurisdiction to adjudicate this lies exclusively with the Labour Circuit of the Court of First Instance. Example.Civil Matters — Volume 10 · Source page ٧٦٩
  24. Principle 4167The State’s guarantee. Its nature. A subsidiary guarantee enabling the injured party to obtain compensation for his injury where no other person is obliged to compensate for the same damage. - A worker’s injury caused byCivil Matters — Volume 10 · Source page ٧٦٩
  25. Principle 4168Award of a pension to the deceased's heirs. It has no effect on the assessment of their compensation for the fault causing his death. The exception. Award of that pension exceptionally because of the occurrence of that aCivil Matters — Volume 10 · Source page ٧٦٩
  26. Principle 4170The Labor Circuit of the Court of First Instance. Its jurisdiction. Restricted to adjudicating labor disputes arising from the application of the provisions of laws enacted concerning work and regulating relations betweeCivil Matters — Volume 10 · Source page ٧٦٩
  27. Principle 4171Combining two compensations for the same damage. Impermissible. The worker's receipt of compensation from the employer for damage pursuant to the Labour Law or the general rules of liability. Its effect. He may have recoCivil Matters — Volume 10 · Source page ٧٧٠
  28. Principle 4172Life and permanent total disability insurance for employees of the National Petroleum Company. The condition for entitlement to it. Permanent total disability entirely and permanently prevents the worker from practicing Civil Matters — Volume 10 · Source page ٧٧٠
  29. Principle 4173The employer’s insurance against work accidents. Its nature. The existence of the insurer’s liability does not negate the existence of the liability of the third party responsible for the accident. Each is bound by the sCivil Matters — Volume 10 · Source page ٧٧٠

  30. التعويض عن الوفاة أو الإصابة بسبب العمل للعسكريين

    Principle 4174The Labour Circuit of the Court of First Instance. Its jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws enacted concerning labour and the relationship between workers and Civil Matters — Volume 10 · Source page ٧٧٠
  31. Principle 4175The compensation prescribed for a work injury. Not provided for in the Military Retirement Pensions and Gratuities Law. - The appellant’s receipt of an exceptional pension. Its effect. Preclusion of a claim for compensatCivil Matters — Volume 10 · Source page ٧٧٠
  32. Principle 4176Military personnel's entitlement to pensions, gratuities, insurance, and compensation for death or total or partial disability - 770 - Obligation due to military operations or service. Law 69 of 1980(*). Application of iCivil Matters — Volume 10 · Source page ٧٧٠
  33. Principle 4177The injured party’s entitlement to compensation under the rules governing pensions, gratuities and insurance for military personnel upon death or total or partial disability due to military operations or service. Decree-Civil Matters — Volume 10 · Source page ٧٧١
  34. Principle 4178The Public Institution for Social Security. Its obligation to pay the pensions, gratuities, and compensation provided for in Decree-Law 69 of 1980(*). Its connection with public order. Military personnel’s claims againstCivil Matters — Volume 10 · Source page ٧٧١
  35. Principle 4179The legislature prescribed the grant of a pension at 100% of the maximum salary fixed for the higher rank immediately following the beneficiary's rank in cases of termination of service for reasons including injury in thCivil Matters — Volume 10 · Source page ٧٧١

  36. التعويض عن فسخ عقد العمل أو إلغائه

    Principle 4180The Military Retirement Pensions and Gratuities Law. Its inclusion of rules governing pensions, gratuities, and compensation upon death or total or partial disability due to military operations or service. Limitation of Civil Matters — Volume 10 · Source page ٧٧١
  37. Principle 4181Compensation due for damage sustained by a worker as a result of termination of the employment contract. Its assessment is guided by the criteria prescribed in Article 53 of the Labour Law. An example.Civil Matters — Volume 10 · Source page ٧٧٢
  38. Principle 4182Compensating the worker for all harm suffered as a result of the employer’s rescission of the employment contract. What affects the determination of that harm: prevailing custom, the nature of the work, the contracted peCivil Matters — Volume 10 · Source page ٧٧٢
  39. Principle 4183The Arbitration Committee provided for in Article 63 of the Labour Law. The scope of its jurisdiction.Civil Matters — Volume 10 · Source page
  40. Principle 4184Termination of the contract by the employer for reasons other than those stipulated in Article 55 of the Labor Law. Its effect. The employer’s obligation to pay compensation. Limits of compensation. - Identifying the eleCivil Matters — Volume 10 · Source page
  41. Principle 4185The employer's obligation under a fixed-term contract to compensate the worker for the remainder of the contract term if the contract is terminated by the employer, unless a term in the contract requires it. Example. - DCivil Matters — Volume 10 · Source page
  42. Principle 4187The employer, if he alleges that the worker suffered no damage and that the agreed compensation is excessive, may prove his allegation.Civil Matters — Volume 10 · Source page
  43. Principle 4188Compensation for rescission. Its restriction to fixed-term contracts. Its assessment is a matter of fact, where the law contains no provision requiring adherence to particular criteria. An example.Civil Matters — Volume 10 · Source page
  44. Principle 4190Determining the existence or absence of justification for dismissal from employment. Within the authority of the court of fact. - Photographic copies of documents have no binding legal evidentiary value. As circumstantiaCivil Matters — Volume 10 · Source page
  45. Principle 4191The absence of a clause in a fixed-term employment contract addressing its termination. Its import. The party effecting termination is obliged to compensate the other party for the harm sustained as a result of that termCivil Matters — Volume 10 · Source page
  46. Principle 4192Compensation determined by the tripartite committee for occupational injuries sustained by State employees pursuant to the schedule of diyah and Minister of Social Affairs Decision 65/83 is Sharia diyah. The consequence Civil Matters — Volume 10 · Source page
  47. Principle 4193Compensation for work injuries sustained by civilian employees of the State without fault on its part. The State is under no obligation to pay it. The responsible person’s obligation to pay it to the injured person. - BlCivil Matters — Volume 10 · Source page
  48. Principle 4194The absence from the Civil Service Law of an obligation on the administrative authority to compensate an employee for a work injury. Formation of a tripartite committee to examine claims for compensation for work injurieCivil Matters — Volume 10 · Source page
  49. Principle 4197The Civil Service Law did not oblige the State to compensate civilian State employees for work injuries occurring to them during or because of work without fault on its part. - Compensation determined by the tripartite cCivil Matters — Volume 10 · Source page
  50. Principle 4199Compensation of National Petroleum Company workers for bodily injuries or fatal accidents occurring to them while outside Kuwait. Its condition. That their injuries occurred while carrying out official or training assignCivil Matters — Volume 10 · Source page
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