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. التعويض عن العمل غير المشروع "المسئولية التقصيرية"

    Principle 52Compensation for an unlawful act. Its scope. Actual loss and lost profit.Civil Matters — Volume 11 · Source page ١٧
  2. Principle 53The time bar for an action for liability for an unlawful act. Its period is 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 ١٧
  3. Principle 54Liability of the custodian of a thing. Its foundation. Fault presumed to have been committed by the custodian of the thing or his subordinate. A judgment acquitting the custodian does not preclude a claim against him forCivil Matters — Volume 11 · Source page ١٧
  4. Principle 55Characterizing the act upon which the compensation claim is founded as a fault, or denying that characterization. Within the trial court’s authority. Its subjection in this regard to review by the Court of Cassation. - TCivil Matters — Volume 11 · Source page ١٧
  5. Principle 56The administration’s seizure of real property to allocate it to public benefit without taking the procedures required by law for expropriation. Usurpation. Its effect. Its liability for compensation pursuant to the rulesCivil Matters — Volume 11 · Source page ١٨
  6. Principle 57The heirs' claim for compensation for the death of their predecessor as a result of a harmful act. It is inconceivable in fact or law before death occurs, since death is the basis of entitlement thereto. Consequently: thCivil Matters — Volume 11 · Source page ١٨
  7. Principle 58Insulting a public employee by words or gestures. Prohibited when this occurs during and because of the performance of his duties. Article 134 of the Penal Code. Contravention thereof. Fault warranting compensation when Civil Matters — Volume 11 · Source page ١٨
  8. Principle 59Holding the administration liable to compensate for its administrative decisions. Its prerequisite: fault consisting in issuing an unlawful administrative decision and damage resulting therefrom. - The damage for which tCivil Matters — Volume 11 · Source page ١٨
  9. Principle 60Law 51 of 1984 concerning Personal Status constitutes special legislation whose provisions address all matters relating to personal status. The rules to be followed regarding the spouses' financial rights where judicial Civil Matters — Volume 11 · Source page ١٩
  10. Principle 61Fault giving rise to compensation in tortious liability. It is established through publication in newspapers, insult and defamation even in the absence of malicious intent, so long as there is recklessness and lack of prCivil Matters — Volume 11 · Source page ١٩

  11. التعويض في مجال حوادث السيارات

    Principle 62The school principal in his capacity as its foremost supervisor. His obligation to compensate for harm caused to third parties by a minor's unlawful act. The condition thereof. It must occur while the minor is at school.Civil Matters — Volume 11 · Source page ١٩
  12. Principle 63Insurance against civil liability for motor vehicle accidents. Compulsory for the benefit of third parties suffering damage to their person or property. It confers on the injured party a personal right recoverable from tCivil Matters — Volume 11 · Source page ١٩
  13. Principle 64Compulsory motor vehicle insurance: its coverage of material or moral damage.Civil Matters — Volume 11 · Source page ٢٠
  14. Principle 65A person injured in motor vehicle accidents has a direct right to compensation derived from the Traffic Law. He may recover it from the insurance company. This requires only that the vehicle be insured and that its driveCivil Matters — Volume 11 · Source page ٢٠
  15. Principle 66Use of the vehicle for a purpose other than that stated in its registration booklet, and accepting passengers or placing a load exceeding the prescribed limit. Permits the insurer to have recourse against the insured forCivil Matters — Volume 11 · Source page ٢٠
  16. Principle 67Agreement on the insurer’s right of recourse against the insured to recover any compensation it may have paid where the latter permits a person without a driving licence to drive. The condition for this recourse: proof tCivil Matters — Volume 11 · Source page ٢٠
  17. Principle 68Rules of contractual liability. The contracting parties' freedom to modify them. The limits of this: the law and public policy. The insurer's right of recourse against the insured for compensation paid to the injured parCivil Matters — Volume 11 · Source page ٢٠
  18. Principle 69The driver of the insured car permitting riding on its exterior door. Not one of the cases stipulated in Article 76 of the Executive Regulations of the Traffic Law. The insurer’s recourse against the insured for compensaCivil Matters — Volume 11 · Source page ٢٠
  19. Principle 70The injured party's right of recourse against the insurer. Its nature and source, what suffices in respect thereof, and what does not affect it. - Compulsory liability insurance for motor vehicle accidents. Its nature.Civil Matters — Volume 11 · Source page ٢١
  20. Principle 71The insurance company has the right of recourse against the insured for the amount of compensation it has paid to a third party for material and moral damage affecting the person, so long as the insurer has breached the Civil Matters — Volume 11 · Source page ٢١
  21. Principle 72The insurance company may recover the compensation it paid from the company owning the insured car that caused the accident, whether the violation was committed by that company, by one of its servants, or by others.Civil Matters — Volume 11 · Source page ٢١
  22. Principle 73The insurer may have recourse against the insured for compensation paid if the victim's injury and death resulted from the insured's handing over his insured vehicle and his driving it while in a state of manifest intoxiCivil Matters — Volume 11 · Source page ٢١
  23. Principle 74The insurance company's obligation to pay the amount of compensation for motor vehicle accidents. Its condition: the vehicle that caused the harm must be insured with it, and the accident must occur within the borders ofCivil Matters — Volume 11 · Source page ٢١
  24. Principle 75Compulsory insurance prescribed in the Traffic Law. Insurance against damage sustained by third parties, not that sustained by the insured as a result of a vehicle accident. - The judgment's award of compensation for theCivil Matters — Volume 11 · Source page ٢١
  25. Principle 76Insurance of motor vehicles. Compulsory for the benefit of third parties. The insurer’s obligation to cover civil liability arising from material and bodily harm caused by vehicle accidents. The injured person and the inCivil Matters — Volume 11 · Source page ٢١
  26. Principle 77The insurer is obligated to compensate for property damage and bodily injuries arising from accidents involving insured motor vehicles, whether the vehicle is moving or stationary. An example.Civil Matters — Volume 11 · Source page ٢٢
  27. Principle 78The insurance company may have recourse against the insured for the amount of compensation it has paid in two cases. Their nature: breach of reasonable conditions or the existence of one of the cases provided for in ArtiCivil Matters — Volume 11 · Source page ٢٢
  28. Principle 79The injured party in motor vehicle accidents. His compensation by the insurance company. Its condition. That the vehicle be insured and that its driver’s liability for the damage be established.Civil Matters — Volume 11 · Source page ٢٢
  29. Principle 80The liability of the custodian of things is based on fault in custody presumed to have been committed by the custodian, and proof to the contrary is inadmissible. The custodian proving that he committed no fault or exercCivil Matters — Volume 11 · Source page ٢٢
  30. Principle 81A person injured in motor vehicle accidents. Has a direct action against the insurer. The source of the latter’s obligation differs from the source of the obligation of the perpetrator of the harmful act, and both converCivil Matters — Volume 11 · Source page ٢٢
  31. Principle 82The criterion for the insurer’s recourse to recover compensation it may have paid, whether to the insured or to a third party, is proof that the accident involving the insured car occurred as a result of its driver’s vioCivil Matters — Volume 11 · Source page ٢٣
  32. Principle 83Liability of the custodian of things. Based on presumed fault that admits of no proof to the contrary. Negating this liability. Its condition. The custodian's proving that the damage occurred due to an external cause. ThCivil Matters — Volume 11 · Source page ٢٣
  33. Principle 84The direct actor. His definition. The nature of direct action differs from that of indirect causation. The direct actor's liability for diya. Its basis. His direct infliction of damage. Negating fault on his part or the Civil Matters — Volume 11 · Source page ٢٣
  34. Principle 85The insurer's payment to the insured of the insurance amount against damage. Its effect. Its legal subrogation to the insured's rights against the third party responsible for the damage. Restriction of this subrogation tCivil Matters — Volume 11 · Source page ٢٣
  35. Principle 86The insurer and the third party responsible for the accident are bound by the same debt, although the source of each one’s obligation differs: the first: the insurance contract; the second: the harmful act. Its effect: tCivil Matters — Volume 11 · Source page ٢٤
  36. Principle 87The obligation of the court of merits to identify the correct legal basis of liability in a compensation action, even if it differs from the grounds advanced by the injured person. The reason therefor. This does not consCivil Matters — Volume 11 · Source page ٢٤
  37. Principle 88Ordering an insurance company to pay compensation for motor vehicle accidents. Its condition. The vehicle causing the harm must be insured with it, and the accident must occur within the State of Kuwait. Article 6 of theCivil Matters — Volume 11 · Source page ٢٤
  38. Principle 89Requiring the insurance company to pay the amount of compensation for motor vehicle accidents. Its condition. The vehicle that caused the harm must be insured with it, and the accident must occur inside the State of KuwaCivil Matters — Volume 11 · Source page ٢٤
  39. Principle 90Custody giving rise to liability is based on presumed fault. Its meaning. Custody rests in principle with the owner. It may pass to another under a contract conferring upon the latter the power of use, direction and supeCivil Matters — Volume 11 · Source page ٢٥
  40. Principle 91Insurance contract. The insured must state all circumstances known to the insurer at the time of concluding the contract. The insured’s failure to do so or his submission of an incorrect statement that would alter the suCivil Matters — Volume 11 · Source page ٢٥
  41. Principle 92The freedom of contracting parties to define the insured risk, the coverage undertaken by the insurer, and its conditions within the limits of the law and rules of public policy. Example concerning insurance coverage outCivil Matters — Volume 11 · Source page ٢٥
  42. Principle 93Insurance against car accidents. Its scope. Article 64 of the Implementing Regulations of the Traffic Law. Insurance coverage does not include the vehicle’s driver, his spouse, his parents or his children. The insurance Civil Matters — Volume 11 · Source page ٢٥
  43. Principle 94Occurrence of the accident 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 compeCivil Matters — Volume 11 · Source page ٢٦
  44. Principle 95The granting of a pension to the deceased's heirs has no effect on the assessment of compensation due to them or to others for his death in an accident, unless the pension was granted exceptionally because of the occurreCivil Matters — Volume 11 · Source page ٢٦
  45. Principle 96Transfer of ownership of the insured thing to a particular successor. Its effect. Transfer of the insurance contract with the thing to the successor by operation of law. The new owner of the thing becomes the insured in Civil Matters — Volume 11 · Source page ٢٦
  46. Principle 97Owners of vehicles, including cars, must insure against civil liability arising to compensate for damage sustained by persons and property through the use of those vehicles. Insurance for the benefit of third parties. ItCivil Matters — Volume 11 · Source page ٢٦
  47. Principle 98Ordering the insurance company to pay the amount of compensation for motor vehicle accidents. Its condition. That the vehicle which - 26 - Obligation caused the harm be insured with it and that its driver’s liability forCivil Matters — Volume 11 · Source page ٢٦
  48. Principle 99Recourse by the insurance company against the insured for the amount of compensation it has paid. Its cases. His breach of the contractual restrictions specified in the insurance policy or the existence of one of the casCivil Matters — Volume 11 · Source page ٢٧
  49. Principle 100Employer’s insurance against work accidents. Its nature. Liability insurance where the risk relates to the insured’s property, not his person, and its subject matter is the money owed by the insured. - The insured’s coveCivil Matters — Volume 11 · Source page ٢٧

  50. التعويض عن مسئولية المتبوع

    Principle 101The injured party in motor vehicle accidents. His right to compensation derives directly from the provisions of the Traffic Law and its Executive Regulations. He may recover it from the insurance company. The only conditCivil Matters — Volume 11 · Source page ٢٧
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