المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. انتفاء المسئولية

    Principle 978Negating or establishing negligence on the part of the administrative authority in providing the service entrusted to it. Its assessment. A matter of merits. The condition for this. An example.Civil Matters — Volume 11 · Source page ١٩١
  2. Principle 979The liability of the custodian of things: the prerequisite for its establishment. Presumption of fault in custody. - Absence of liability. Its prerequisite. Proof that the harm occurred due to an extraneous cause, such aCivil Matters — Volume 11 · Source page ١٩١
  3. Principle 980Lawful exercise of a right excludes liability for the resulting damage to others. The exception thereto. Such exercise falling outside the bounds of lawfulness. Its forms. Their specification by Article 30 of the Civil CCivil Matters — Volume 11 · Source page ١٩١
  4. Principle 981Acts of sovereignty. Issued by the State in its capacity as a governing authority. Effect. Courts may not examine them or claims arising concerning them, and they entail no liability on the part of the State or right forCivil Matters — Volume 11 · Source page ١٩٢
  5. Principle 982The ship’s agent. Representative of the carrier in actions brought by or against it. Absence of the latter’s liability. Its consequence. Selection of the former’s liability.Civil Matters — Volume 11 · Source page ١٩٢
  6. Principle 983Lawful exercise of a right. Does not entail liability for resulting damage. Diverting it from its lawful purpose. Its cases. Article 30, Civil Code.Civil Matters — Volume 11 · Source page ١٩٢
  7. Principle 984Absence of liability of the driver of the vehicle involved in the accident for his personal acts, owing to the absence of the element of fault and the failure to establish his liability as a direct actor. Its necessary cCivil Matters — Volume 11 · Source page ١٩٢
  8. Principle 985Proof by the defendant in a liability action that his fault did not cause the damage and did not contribute to causing it in a legally significant manner, but that it arose from an extraneous cause beyond his control, suCivil Matters — Volume 11 · Source page ١٩٢
  9. Principle 986Treating the injured party’s act as an extraneous cause lifting liability. Its condition: it must be productive of and effective in causing the damage. An incidental cause. Insufficient.Civil Matters — Volume 11 · Source page ١٩٢
  10. Principle 987A person who lawfully exercises his right is not liable for damage arising therefrom. The reason for this. - Inferring fault giving rise to liability. Within the authority of the court of merits. The condition for this.Civil Matters — Volume 11 · Source page ١٩٢
  11. Principle 988Exercise of a right is a permissible act. Damage arising from it is merely a sacrifice required by respect for the right in compliance with the law that establishes and protects it. The implication: it does not lead to aCivil Matters — Volume 11 · Source page ١٩٢

  12. تقادم دعوى المسئولية

    Principle 989Characterising an act as a fault giving rise to liability, or denying that characterisation. A question of law subject to review by the Court of Cassation. - The purchaser’s failure to pay the car instalments does not prCivil Matters — Volume 11 · Source page ١٩٣
  13. Principle 990The knowledge from which the three-year limitation period for a tort liability action begins. Is knowledge encompassing the damage and the identity of the person responsible for it. Knowledge of the damage occurs only frCivil Matters — Volume 11 · Source page ١٩٣
  14. Principle 991An action for liability for an unlawful act is time-barred upon the lapse of 3 years from the day the injured person learns of the damage and the person liable for it, or 15 years from the occurrence of the unlawful act.Civil Matters — Volume 11 · Source page ١٩٣
  15. Principle 992The limitation period for an action for liability for an unlawful act. Three years from the day the injured party learns of the damage and the person responsible for it, or fifteen years from the occurrence of the unlawfCivil Matters — Volume 11 · Source page ١٩٤
  16. Principle 993The knowledge from whose date the period for lapse of the compensation action begins is actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for it. The basis for this. PrCivil Matters — Volume 11 · Source page ١٩٤
  17. Principle 994The knowledge that triggers the three-year limitation period for an action for liability for an unlawful act is actual knowledge encompassing the occurrence of the damage and the identity of the person liable therefor. ACivil Matters — Volume 11 · Source page ١٩٤
  18. Principle 995The short limitation period. Its purpose is to protect the carrier from delayed claims and bring disputes to an end. Its subjection to the general rules on suspension and interruption of limitation. The legislature's addCivil Matters — Volume 11 · Source page ١٩٤
  19. Principle 997An action for liability for an unlawful act is time-barred upon the lapse of three years from the day of the injured party’s actual knowledge of the damage and the person liable for it, or fifteen years from the occurrenCivil Matters — Volume 11 · Source page ١٩٤
  20. Principle 998Liability action brought by a joint-stock company. Its extinction by its special limitation period. Limited to the chairman and members of its board of directors. Absence of that capacity in the person against whom it isCivil Matters — Volume 11 · Source page ١٩٥
  21. Principle 999A liability action brought by a joint-stock company. Its being barred by its specific limitation period. Confined to the chairman and members of its board of directors. The person against whom it is brought not having thCivil Matters — Volume 11 · Source page ١٩٥
  22. Principle 1000An action for liability for an unlawful act is time-barred upon the lapse of three years from the day the injured person learned of the damage and the person responsible for it, or fifteen years from the occurrence of thCivil Matters — Volume 11 · Source page ١٩٥
  23. Principle 1001The Constitution left to the law the regulation of the general rules governing citizens' rights and duties. The Civil Code's regulation of the limitation of actions for liability for unlawful acts and the limitation of cCivil Matters — Volume 11 · Source page ١٩٥
  24. Principle 1002An action for indemnification for personal injury is time-barred upon the lapse of three years from the time the accident occurred. The provisions on liability for unlawful acts apply to this indemnification insofar as tCivil Matters — Volume 11 · Source page ١٩٥
  25. Principle 1003Institution of the criminal action against its perpetrator. Its effect. Suspension of the running of limitation in respect of the injured party during the trial proceedings and until the final criminal judgment is renderCivil Matters — Volume 11 · Source page ١٩٥
  26. Principle 1004The company's right to bring a liability action against the chairman and members of the board of directors. Its prerequisite. Direct damage to it resulting from acts tainted by fraud and abuse of authority, or violation Civil Matters — Volume 11 · Source page ١٩٦
  27. Principle 1006A civil action arising from an unlawful act. It is time-barred upon the lapse of three years from the date the injured party learns of the damage and the person responsible for it. Basis thereof. Article 253, Civil Code.Civil Matters — Volume 11 · Source page ١٩٦
  28. Principle 1007Inferring the injured party’s knowledge of the occurrence of damage and the person responsible for it, and the existence of a moral impediment preventing the right-holder from claiming his right and suspending the runninCivil Matters — Volume 11 · Source page ١٩٦
  29. Principle 1009The injured party's action seeking compensation for a wrongful act constituting a crime. Suspension of the running of limitation in respect thereof throughout the duration of the criminal trial of the perpetrator. It resCivil Matters — Volume 11 · Source page ١٩٦
  30. Principle 1011A judgment dismissing the action. Its effect. Removal of its effect in interrupting limitation, which continues to run. There is no basis for invoking the institution of the civil action so long as this limitation periodCivil Matters — Volume 11 · Source page ١٩٧
  31. Principle 1012An unjust enrichment action. When it lapses. - An action for liability for an unlawful act. When it lapses. This action arising from a crime. Its effect. It does not lapse, and its limitation period is suspended until a Civil Matters — Volume 11 · Source page ١٩٧
  32. Principle 1014The insurer’s payment to the insured or injured party of his entitlement. Its effect. Its subrogation by operation of law to his position in recourse against the liable third party for what it paid. It may exercise the iCivil Matters — Volume 11 · Source page ١٩٨
  33. Principle 1015An action for liability for an unlawful act arising from a crime. It is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil rather than the criminal route to claim compensatCivil Matters — Volume 11 · Source page ١٩٨
  34. Principle 1016An action for liability for an unlawful act. Three-year prescription begins from the date of actual knowledge whereby the injured party becomes aware of the occurrence of the damage and the identity of the person responsCivil Matters — Volume 11 · Source page ١٩٨
  35. Principle 1017The challenged judgment's conclusion that the cause of the compensation action is the depositary's breach of the obligation to return the deposit upon formal demand. Its subsequent refusal to examine the three-year limitCivil Matters — Volume 11 · Source page ١٩٩
  36. Principle 1018An action for liability for an unlawful act. Its being time-barred upon the lapse of three years from the day the injured party learns of the damage and the person answerable for it, or fifteen years from the occurrence Civil Matters — Volume 11 · Source page ١٩٩
  37. Principle 1020Joining the subordinate with the principal as defendants in a compensation action, issuance of a compensation judgment against both, and its acquisition of res judicata force. Its effect. That judgment becomes binding upCivil Matters — Volume 11 · Source page ١٩٩
  38. Principle 1021Bringing an action for liability for an unlawful act more than 3 years after the date on which the criminal judgment became final. Its effect. The right of action is time-barred.Civil Matters — Volume 11 · Source page ٢٠٠
  39. Principle 1022A liability action is time-barred upon the lapse of 3 years from the day the injured party becomes aware of the damage and of the person responsible for it. Article 253/1 of the Civil Code. Knowledge means actual knowledCivil Matters — Volume 11 · Source page ٢٠٠
  40. Principle 1023An accident involving negligent injury may occur on the basis of two faults committed by two different persons. Its necessary consequence. Each commits an unlawful act distinct in its elements from the act committed by tCivil Matters — Volume 11 · Source page ٢٠٠
  41. Principle 1024Liability for an unlawful act constituting an offence. The civil compensation action does not become time-barred unless the criminal action becomes time-barred. The injured party’s choice of the civil route to claim compCivil Matters — Volume 11 · Source page ٢٠٠

  42. الإرادة المنفردة

    Principle 1027Gift. Revocation is impermissible except for a gift by parents to their child. Exception. Revocation is permissible with judicial authorisation if the donor relies on an acceptable excuse. Its condition. Absence of any iCivil Matters — Volume 11 · Source page ٢٠١

  43. الوعد بجائزة للجمهور

    Principle 1029The element of cause in gratuitous dispositions, whether by contract or unilateral will. Its nature. The inconceivability of donative intent on the part of the injured party towards the insurance company. Its absence renCivil Matters — Volume 11 · Source page ٢٠٢
  44. Principle 1030The winner's obtaining draw coupons through fraud and deceit. Effect. No entitlement to claim the prize. The judgment's conclusion that his submission of numerous coupons without corresponding invoices does not impair hiCivil Matters — Volume 11 · Source page ٢٠٢

  45. العُرف

    Principle 1031Promise of a prize. The judge hearing the action may not compel the promisor to amend the prize’s conditions or name, as this entails interference with his will, so long as there is no unlawful cause for awarding it. - GCivil Matters — Volume 11 · Source page ٢٠٢
  46. Principle 1033Verifying the existence of custom. For the judge of merits. It is impermissible to dispute this before the Court of Cassation.Civil Matters — Volume 11 · Source page ٢٠٣
  47. Principle 1036Custom as a source of law. Its content. The difference between it and contractual usage.Civil Matters — Volume 11 · Source page
  48. Principle 1039The clarity and explicitness of the outward expression of the authority issuing the administrative decision as being acceptance of the resignation. Searching for its hidden intention and characterizing it as a dismissal Civil Matters — Volume 11 · Source page
  49. Principle 1040The judgment’s failure to ascertain the prevailing commercial custom concerning the meaning of a commercial term appearing in Minister of Communications Decision No. 187/1979 concerning the specification of the charge foCivil Matters — Volume 11 · Source page
  50. Principle 1041Recognized certificates issued by the Kuwait Chamber of Commerce. They are those issued by it at the request of - 203 - Obligation a government department or a court. The criterion for taking them into consideration. ThaCivil Matters — Volume 11 · Source page
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