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. التعويض في مجال عقد نقل الأشخاص

    Principle 4201Life and permanent total disability insurance for employees of the National Petroleum Company. The condition for entitlement thereto. Permanent total disability that wholly and permanently prevents the employee from pracCivil Matters — Volume 10 · Source page ٧٧٥

  2. التعويض في مجال النقل الجوي

    Principle 4202Finding fault giving rise to liability and a causal relationship between the fault and the damage. Within the authority of the court of merits. - See also: Legal Principles Established by the Court of Cassation over FortCivil Matters — Volume 10 · Source page ٧٧٦
  3. Principle 4203The general rule for determining compensation for goods under the Warsaw Convention, to which Kuwait acceded. The weight of the consignment. - Assessment of compensation on the basis of the value specified by the consignCivil Matters — Volume 10 · Source page ٧٧٦
  4. Principle 4204Assessment of compensation arising from the air carrier's liability in the carriage of checked baggage and goods. Its manner. The consignor may, when delivering the goods, alert the carrier to the importance he attaches Civil Matters — Volume 10 · Source page ٧٧٦
  5. Principle 4205The air carrier’s liability for delay in transporting passengers. Civil liability based on presumed fault on its part, capable of rebuttal. Its proof that it, its servants and its agents took all reasonable measures to aCivil Matters — Volume 10 · Source page ٧٧٦
  6. Principle 4206Compensation arising from the air carrier's liability in the carriage of registered baggage and goods is assessed on the basis of the weight of the consignment. Unless the value of the consignment's contents exceeds the Civil Matters — Volume 10 · Source page ٧٧٧
  7. Principle 4208The respondents’ request that the air carrier be ordered to compensate the material and moral damage they personally sustained as a result of the death of their decedent, on the basis of the provisions of tortious liabilCivil Matters — Volume 10 · Source page ٧٧٧

  8. التعويض في مجال عقدي النقل والتأمين البحري

    Principle 4210The State of Kuwait’s accession to the Warsaw Convention for the Unification of Certain Rules of Air Carriage and the convention supplementary thereto. Its effect. The judge’s obligation to apply the rules contained therCivil Matters — Volume 10 · Source page ٧٧٨
  9. Principle 4211Assessment of compensation making good damage sustained by transported goods is based on the actual value of the goods at the destination and on the specified day, according to the market price.Civil Matters — Volume 10 · Source page ٧٧٨
  10. Principle 4212Kuwait’s and Somalia’s accession to the Brussels Convention. Its implication is that compensation payable for damage is in accordance with the Convention together with Kuwait’s reservation. - 778 - ObligationCivil Matters — Volume 10 · Source page ٧٧٨
  11. Principle 4213The import of Article 4/5 of the Brussels Convention is that, if it is established that the value of the actual damage sustained by the shipped goods is less than the statutory compensation limit, compensation must be asCivil Matters — Volume 10 · Source page ٧٧٩
  12. Principle 4216Goods shipped without packaging. Are not considered packages under the Brussels Convention. Assessment of compensation for loss or damage sustained by them. Subject to the provision of Article 193/2 of the Maritime CommeCivil Matters — Volume 10 · Source page ٧٧٩
  13. Principle 4217The contract of carriage places upon the carrier the obligation to deliver the goods intact and complete, in the described condition in which they were handed to it, at the port of destination. If they sustain damage, thCivil Matters — Volume 10 · Source page ٧٧٩
  14. Principle 4218Contract of carriage. The carrier’s obligation therein is to achieve a result, namely transporting the thing and delivering it safely to the consignee. Its implication. The carrier’s liability continues until actual deliCivil Matters — Volume 10 · Source page ٧٧٩
  15. Principle 4219The marine insurance policy. It may be in the insured’s name, to his order or to bearer. Its circulation depends on the form in which it is drawn up. Its transfer by assignment if it bears the insured’s name, by endorsemCivil Matters — Volume 10 · Source page ٧٧٩
  16. Principle 4220Limitation of the sea carrier's liability for loss of or damage to goods or for delay in their delivery, whether shipped in packages or units, to no more than the prescribed compensation limit. The exception: the bill ofCivil Matters — Volume 10 · Source page ٧٨٠

  17. التعويض في مجال عقد الوكالة

    Principle 4222The legislature's regulation of a particular subject. Necessary consequence. No recourse to the general rules concerning it. Exception. The special regulation of commercial contract agency includes a provision permittingCivil Matters — Volume 10 · Source page ٧٨٠
  18. Principle 4224A lawyer's agency. Its formation, termination and all its provisions are subject to the general rules governing agency in the Civil Code, except for the provisions of Law 42 of 1964 and its amendments concerning the legaCivil Matters — Volume 10 · Source page ٧٨١
  19. Principle 4225The original principal's authorization of his agent to sell the property to himself and to appoint another agent for that purpose. The agency is deemed a remunerated agency and one in the agent's interest. Inclusion in tCivil Matters — Volume 10 · Source page ٧٨١

  20. التعويض في مجال حجز ما للمدين لدى الغير

    Principle 4227Actual lawyers' fees awarded in a civil action pursuant to Article 119 of the Code of Procedure. Their difference from the fees paid to the lawyer retained to conduct the defense in a criminal action. An award of the latCivil Matters — Volume 10 · Source page ٧٨١
  21. Principle 4228Ordering the garnishee to pay the attaching creditor’s debt for which attachment was made. Its condition. His refusal to declare what he owes, an untruthful declaration, or concealment of the documents required to be depCivil Matters — Volume 10 · Source page ٧٨٢

  22. التعويض في مجال عقد وكالة العقود*

    Principle 4229Exempting the garnishee from the sanction prescribed in Article 237/1 of the Code of Procedure does not preclude ordering him to pay the costs of the action brought against him because he committed one of the defects stiCivil Matters — Volume 10 · Source page ٧٨٢
  23. Principle 4230The former Commercial Code, 2 of 1961. Does not permit the agent to obtain any compensation unless dismissed at an inappropriate time and without an acceptable excuse, even if that excuse related to the principal and theCivil Matters — Volume 10 · Source page ٧٨٢
  24. Principle 4231Bringing goods bearing the original producer's trademark, exclusively held by the local agent, into his area of operation or that of the distributor during the term of his agency and otherwise than through him, for tradiCivil Matters — Volume 10 · Source page ٧٨٢
  25. Principle 4232Contract agency and equivalent contracts of common interest. The principal may not dismiss the agent and terminate the agent’s contract unless the agent has committed a fault. Contravention of this. The principal’s obligCivil Matters — Volume 10 · Source page ٧٨٣

  26. التعويض عن مسئولية المحامي

    Principle 4236Contractual fault in an obligation to exercise care. It is the failure to exercise the requisite care and deviation from the required conduct. - A lawyer’s liability arises where his failure to perform his duty results iCivil Matters — Volume 10 · Source page ٧٨٣

  27. التعويض في مجال عقد التأمين وإعادة التأمين

    Principle 4238The reinsurance contract: its nature and the relationships it creates. - The insured is the person who undertakes to perform the obligations corresponding to the insurer’s obligations and who receives from the insurer thCivil Matters — Volume 10 · Source page ٧٨٤
  28. Principle 4239The accident occurring as a result of the car’s hirer driving it at a speed exceeding the limit permitted by the Traffic Department. Its effect. The insurance company’s right of recourse against the insured for the compeCivil Matters — Volume 10 · Source page ٧٨٤
  29. Principle 4240Transactions relating to insurance of all types. Commercial transactions. Necessary consequence thereof. The provisions of the Commercial Code apply to them, including entitlement to statutory interest as compensation foCivil Matters — Volume 10 · Source page ٧٨٤
  30. Principle 4241The 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 obliged for thCivil Matters — Volume 10 · Source page ٧٨٤
  31. Principle 4242Insurance against damage. The insurer’s payment of the insurance amount to the insured. Its effect. Its statutory subrogation to the insured’s position against the third party responsible for the damage. The reason: the Civil Matters — Volume 10 · Source page ٧٨٥
  32. Principle 4244The injured person’s recourse against the insurance company to compensate him for the damage he sustained and which is covered by the insurance policy. It does not deprive him of his right of recourse against the person Civil Matters — Volume 10 · Source page ٧٨٦
  33. Principle 4246Conditions relating to forfeiture that must be displayed distinctly from the other conditions of the insurance policy: those conditions involving a sanction for the insured's breach of the policy conditions, intended to Civil Matters — Volume 10 · Source page ٧٨٦
  34. Principle 4247Compulsory insurance against civil liability arising from motor vehicle accidents. Its effect: the insurer pays the compensation amount to the injured party and is legally subrogated to the latter's rights, thus having rCivil Matters — Volume 10 · Source page ٧٨٦
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