المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Civil Matters — Volume 11

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,126 available principles

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  1. التعويض في مجال عقد الإيجار

    Principle 1The insured may not receive compensation exceeding the value of the damage. This is not altered by the insured sum being greater than that value Compensation in the context of a lease contract:Civil Matters — Volume 11 · Source page ٧
  2. Principle 2Judgments rendered in disputes relating to the lease of real estate and compensation arising therefrom. Cassation appeals against them are prohibited.Civil Matters — Volume 11 · Source page ٧
  3. Principle 3Destruction of or damage to the leased property. The lessee is not liable for it if it occurred through fault for which he is not liable. - The external cause exempting the debtor from the obligation to compensate. Its nCivil Matters — Volume 11 · Source page ٧
  4. Principle 4Third-party interference with the tenant for a reason attributable to the landlord. The tenant's right to claim compensation from the latter. Art. 581 of the Civil Code. An example concerning the tenant's entitlement to Civil Matters — Volume 11 · Source page ٧
  5. Principle 5The lessee's obligation to return the leased property upon expiry of the lease in the condition in which he received it. His breach thereof. His obligation to pay compensation unless the destruction of or damage to the lCivil Matters — Volume 11 · Source page ٧
  6. Principle 6The lessee's obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for any destruction or damage it may have sCivil Matters — Volume 11 · Source page ٨
  7. Principle 7Nullity of a contract of continuing performance, such as a lease. Its effect. The lessor must be compensated for the benefit enjoyed by the lessee before nullity was declared. The reason therefor.Civil Matters — Volume 11 · Source page ٨
  8. Principle 8Compensation in the contractual sphere. Due upon breach of an obligation arising from the contract. - A party contracting with earnest money, upon withdrawing from the contract. Does not breach an obligation but exerciseCivil Matters — Volume 11 · Source page ٨
  9. Principle 9A ruling ordering the lessee to pay consideration for his use of the premises after expiry of the lease. Compensation to the lessor for the lessee's occupation of the premises without legal basis. Its unsuitability as coCivil Matters — Volume 11 · Source page ٨
  10. Principle 10The lessee's obligation to return the leased property upon expiry or rescission of the contract. Breach of this obligation. Necessitates compensation for the damage. Example.Civil Matters — Volume 11 · Source page ٩
  11. Principle 11The tenant's payment of rent for the leased premises on its due dates is mandatory so long as he enjoys them. Third-party interference with him and deprivation of his enjoyment on a legal ground. Its effect. He may seek Civil Matters — Volume 11 · Source page ٩

  12. التعويض عن العمل غير المشروع "المسئولية التقصيرية"

    Principle 12The parties' agreement that the contract's term is 1 year and is automatically renewed for another similar term or terms unless either party notifies the other, 1 month before expiry of the original or renewed term, of hCivil Matters — Volume 11 · Source page ٩
  13. Principle 13The subject matter of the worker’s heirs’ action for compensation for material and moral damage resulting from the loss of their predecessor, Articles 2, 14 of Law 6 of 1961, differs from their action for the lump-sum coCivil Matters — Volume 11 · Source page ٩
  14. Principle 14Compulsory insurance against civil liability arising from vehicle accidents. Its scope. The insured's recourse against the insurer for the lump-sum compensation he paid to the injured party in excess of the Sharia diya aCivil Matters — Volume 11 · Source page ٩
  15. Principle 15Assessment of compensation. Within the authority of the judge of merits. Compensation for injury under the rules of Sharia diyah is an element in assessing compensation falling within its general criterion. The effect ofCivil Matters — Volume 11 · Source page ١٠
  16. Principle 16Damage is a necessary condition for tort liability and for an award of compensation. The injured person bears the burden of proving it. Assessment of whether or not it is established. A question of fact. Within the excluCivil Matters — Volume 11 · Source page ١٠
  17. Principle 17Tort liability. Its basis is fault. Among its forms: an act contrary to law when it causes damage to another. The condition concerning damage therein. That its occurrence be certain, not contingent. - Loss of opportunityCivil Matters — Volume 11 · Source page ١٠
  18. Principle 18An action for compensation for an unlawful act. The civil court therein is not bound by matters determined in the criminal judgment that were unnecessary to its ruling. Its reasons concerning the circumstances of the accCivil Matters — Volume 11 · Source page ١٠
  19. Principle 19The damage for which the person responsible for a lawful act is obligated to provide compensation. Its nature. - Inferring the causal relationship between fault and damage and assessing compensation making it good. WithiCivil Matters — Volume 11 · Source page ١٠
  20. Principle 20The compensation owed by the person responsible for an unlawful act. Its inclusion of moral damage. An example: physical or psychological harm suffered by a person as a result of interference with his life or body. - 10 Civil Matters — Volume 11 · Source page ١٠
  21. Principle 21Compensation for an unlawful act. Its scope. Actual loss and lost profit. - Loss of an opportunity is a contingent matter, yet it is certain and an element of compensation. - Assessment of compensation. A matter of fact.Civil Matters — Volume 11 · Source page ١١
  22. Principle 22Inference of the fault giving rise to liability and the causal relationship. A matter of fact within the authority of the court of merits. - Compensable damage is direct damage that could not have been avoided by exertinCivil Matters — Volume 11 · Source page ١١
  23. Principle 23Prohibition of attachment of the private dwelling used as the residence of the Kuwaiti debtor and his family. Its condition. Occupation by the debtor and his family before the debt arose. The reason for this. What is meaCivil Matters — Volume 11 · Source page ١١
  24. Principle 24Liability of the principal. Tortious liability toward the injured party. - The obligation to compensate for the loss sustained and the profit forgone. Liability of the perpetrator of the harmful act. Its condition.Civil Matters — Volume 11 · Source page ١١
  25. Principle 25The compensation owed by the person responsible for an unlawful act encompasses damage even if moral. The cases mentioned in the second paragraph of Article 231 Civil Code were set out by way of example, not exhaustivelyCivil Matters — Volume 11 · Source page ١١
  26. Principle 26Characterizing the act or omission on which the claim for compensation is based as fault, or denying it that characterization. A question of law. Its implication. It is subject to review by the Court of Cassation. - 11 -Civil Matters — Volume 11 · Source page ١١
  27. Principle 27Fault leading to damage committed by multiple persons. Its effect. Their joint and several liability for compensation arises, and each is considered liable to the injured party for the full compensation. As between themsCivil Matters — Volume 11 · Source page ١٢
  28. Principle 28The judgment rendered in the criminal action convicting the accused and ordering him to pay provisional compensation in the civil action. Its binding authority before the civil courts. It is not confined to what it decidCivil Matters — Volume 11 · Source page ١٢
  29. Principle 29Military personnel’s entitlement to pensions, gratuities, insurance and compensation for death or total or partial disability due to military operations or service. Law 69 of 1980(*). Application of its rules is confinedCivil Matters — Volume 11 · Source page ١٢
  30. Principle 30Damage occurring as a result of the faults of several persons. Its effect. Each is liable towards the injured party for full compensation, or their liability for compensation is deemed joint and several. - 12 - ObligatioCivil Matters — Volume 11 · Source page ١٢
  31. Principle 31Compensation for damage caused by a minor to others through his unlawful act. The basis of this liability. Presumed fault in favour of the injured party. The reason therefor.Civil Matters — Volume 11 · Source page ١٣
  32. Principle 32The correct legal basis of liability in a compensation action. The court of merits is obliged to determine it without being bound by the injured party’s grounds, without this being considered a change to the cause of actCivil Matters — Volume 11 · Source page ١٣
  33. Principle 33Multiplicity of persons through whose fault the harm occurred. Results in each being obliged toward the injured party to compensate for all the harm, and all bearing compensation jointly and severally. Example. - The judCivil Matters — Volume 11 · Source page ١٣
  34. Principle 34The court of merits. In determining the nature of liability, it is not bound by the grounds on which the injured party based his claim for compensation or the legal provision on which he relied. It must determine the corCivil Matters — Volume 11 · Source page ١٣
  35. Principle 35Fault warranting compensation in tortious liability. Its occurrence through publication in newspapers by insult and defamation. Recklessness and lack of precaution suffice to establish it. Absence of malicious intent. NoCivil Matters — Volume 11 · Source page ١٣
  36. Principle 36Criminal judgments in civil actions. They are subject to the provisions of the Law of Evidence concerning their binding authority. Its effect. Their binding authority is confined to the same parties. What matters is theiCivil Matters — Volume 11 · Source page ١٤
  37. Principle 37Unlawful commercial competition. A tort giving rise to its perpetrator's liability to compensate for the resulting damage.Civil Matters — Volume 11 · Source page ١٤
  38. Principle 38Elements of compensation. They include the injured party's probability of gain of which the unlawful act deprived him. The reason therefor. Although the opportunity is a possibility, its loss is a certainty for which comCivil Matters — Volume 11 · Source page ١٤
  39. Principle 39A compensation action brought on the basis of tort liability. It does not fall within the subject-matter jurisdiction of the Labor Circuit.Civil Matters — Volume 11 · Source page ١٤
  40. Principle 40A claim for compensation for moral damage resulting from the death of the deceased, pursuant to the rules of tort liability. Differs in subject matter and cause from a claim for compensation for the deceased’s injury durCivil Matters — Volume 11 · Source page ١٤
  41. Principle 42Fault giving rise to liability for compensation is established by departure from customary conduct and the vigilance and foresight required of an ordinary person. Determining the existence of fault or deviation in the exCivil Matters — Volume 11 · Source page ١٥
  42. Principle 43Harm occurring as a result of multiple faults committed by numerous persons, each person's fault constituting an effective cause of the harm. Its effect. Each is liable toward the injured party for full compensation. NonCivil Matters — Volume 11 · Source page ١٥
  43. Principle 44A wrongful act causing harm to another. The actor’s liability to compensate for the loss sustained by the injured person and the profit he has forgone. The condition thereof. That it result directly from the unlawful actCivil Matters — Volume 11 · Source page ١٥
  44. Principle 45The penalty clause lapses upon the lapse of the original obligation. The reason therefor: it is an obligation accessory to the latter. - The debtor's failure to perform his contractual obligation. A fault giving rise to Civil Matters — Volume 11 · Source page ١٥
  45. Principle 46Commission by the bankrupt of an act harmful to another, intentionally or negligently. Recourse against the bankruptcy estate for compensation. Its condition.Civil Matters — Volume 11 · Source page ١٥
  46. Principle 47Compensation for tortious liability. Its scope: material and moral damage. Basis thereof. - Moral damage. Its nature. The Constitution guarantees the human right to life and bodily integrity, and the law criminalises infCivil Matters — Volume 11 · Source page ١٥
  47. Principle 48The exercise of a right is a permissible act. The damage arising from it is merely a sacrifice required by respect for the right in deference to the rule of law that establishes and protects the right. The import of thisCivil Matters — Volume 11 · Source page ١٦
  48. Principle 49Every wrongful act causing damage to another entails its perpetrator’s liability to compensate. The condition therefor. Determining or negating the causal relationship between the fault giving rise to liability and the dCivil Matters — Volume 11 · Source page ١٦
  49. Principle 50A comprehensive Amiri amnesty for the offence. Tantamount to a judgment of acquittal. Article 238, Criminal Procedure. A comprehensive amnesty does not preclude claiming civil compensation. - The challenged judgment's awCivil Matters — Volume 11 · Source page ١٦
  50. Principle 51The liability of the custodian of things. Presumed. It is not removed unless the custodian proves that the harm occurred due to an extraneous cause beyond his control, such as force majeure, a fortuitous event, or the faCivil Matters — Volume 11 · Source page ١٧
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