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. حوالة الحق

    Principle 1443The criterion for the State's purchase of the debts specified in the Law is that they existed on 1/8/1990 in favor of a local bank, Kuwait Finance House, or an investment company subject to the supervision of the CentralCivil Matters — Volume 11 · Source page ٢٧٣
  2. Principle 1444The insurer may have recourse against the guarantor of bodily injury for the compensation it paid to the injured party for the harmful act pursuant to the assignment of rights issued to it by the injured party.Civil Matters — Volume 11 · Source page ٢٧٣
  3. Principle 1445The Central Bank of Kuwait’s representation of the State in purchasing the total cash facilities from local banks and investment companies subject to the supervision of the Central Bank of Kuwait. This entails the transfCivil Matters — Volume 11 · Source page ٢٧٣
  4. Principle 1447Insurance whose subject matter is property. After receiving the compensation due to him from the insurer, the injured party may assign to it his right to compensation against the liable third party. This does not constitCivil Matters — Volume 11 · Source page ٢٧٣
  5. Principle 1448The insurer’s recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of breach of the conditions agreed upon in the insuCivil Matters — Volume 11 · Source page ٢٧٤
  6. Principle 1449The insurer's recourse action for compensation it paid to the injured party. Its basis is its subrogation to the injured party in having recourse against the person liable. The implication thereof. The right assigned to Civil Matters — Volume 11 · Source page ٢٧٤
  7. Principle 1450A void contract and a voidable contract. The effect of each with respect to a particular successor. Absolute nullity of a contract because it contains an amendment to a limited partnership agreement without embodying it Civil Matters — Volume 11 · Source page ٢٧٤
  8. Principle 1451The State's purchase of certain debts provided for in Laws 32/1992, 41/1993. Its consequences. The State takes the place of the creditor in collecting the assigned right against the debtor pursuant to the provisions goveCivil Matters — Volume 11 · Source page ٢٧٤
  9. Principle 1452Shares in joint-stock companies. Their negotiability by commercial methods without following the procedures for assignment of a right. The effect thereof. A shareholder may transfer his shares to a third party who succeeCivil Matters — Volume 11 · Source page ٢٧٤
  10. Principle 1453Assignment of a right. Its conclusion by mutual consent between the assignor and assignee without the need for the debtor’s consent. Its effectiveness against the debtor and third parties. The cases thereof. The debtor’sCivil Matters — Volume 11 · Source page ٢٧٤
  11. Principle 1454Proof that the original creditor and the respondent bank mutually rescinded the assignment of rights and that the appellant was notified thereof. Its implication. The debt forming the subject matter of the action remainsCivil Matters — Volume 11 · Source page ٢٧٥
  12. Principle 1455A marine insurance policy. It may be in the name of the insured, to his order, or to bearer. Its negotiability depends on the form in which it is drawn up. It is transferred by assignment if it bears the insured’s name, Civil Matters — Volume 11 · Source page ٢٧٥
  13. Principle 1456Assignment of a right. Its conclusion by mutual consent between assignor and assignee without need for the debtor's consent; it is effective against the debtor only upon his acceptance thereof or notification thereof by Civil Matters — Volume 11 · Source page ٢٧٥
  14. Principle 1457The State's purchase of certain debts provided for in Law 41/1993. Its effect. Its substitution for the creditor in respect of enforcing the assigned right against the debtor in accordance with the provisions governing aCivil Matters — Volume 11 · Source page ٢٧٥
  15. Principle 1458The insurer’s action for recourse against the responsible person for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party. The basis of this subrogation. A statutory prCivil Matters — Volume 11 · Source page ٢٧٦
  16. Principle 1459An assignment of a right constitutes payment in lieu by the assigned right if its purpose is to discharge a debt owed by the assignor. It is concluded by mutual consent between the assignor and assignee without the need Civil Matters — Volume 11 · Source page ٢٧٦
  17. Principle 1460The purchaser of unregistered real property may assign the personal rights arising from the contract to another in accordance with assignment procedures. He also has the right to dispose of the property by sale to a secoCivil Matters — Volume 11 · Source page ٢٧٦
  18. Principle 1461Assignment of a right. Its formation. Consent of the debtor against whom the right is assigned is unnecessary. Reason: the assignment does not create a new obligation in his liability but transfers the obligation originaCivil Matters — Volume 11 · Source page ٢٧٦
  19. Principle 1462Evidence submitted by a litigant to substantiate the validity of his claim, if it consists merely of his statements and allegation, a paper issued by him, or information he recorded himself. It is not legal evidence. TheCivil Matters — Volume 11 · Source page ٢٧٦
  20. Principle 1463Insurance against damage. The insurer's payment of the insurance amount to the insured. Its effect. Its legal subrogation to the insured against the third party liable for the damage. The reason therefor: that the insureCivil Matters — Volume 11 · Source page ٢٧٧
  21. Principle 1464The person paying the debt being bound under the same source as the other debtor, or the existence of a connection between them. Neither is necessary for statutory subrogation. It suffices that he is bound by the debt wiCivil Matters — Volume 11 · Source page ٢٧٧
  22. Principle 1465Mortgage. A right in rem that may not be the subject of an assignment of rights, which applies only to personal rights; however, like all securities for a personal right, it follows that right and passes with it upon itsCivil Matters — Volume 11 · Source page ٢٧٧
  23. Principle 1466Assignment of rights. Its effectiveness against the debtor from the time of his acceptance thereof or notification thereof to him. The effect thereof. The assignee replaces the assigning creditor in the same assigned rigCivil Matters — Volume 11 · Source page ٢٧٨
  24. Principle 1467Assignment of a right. Its effectiveness against the debtor if the debtor is notified thereof or accepts it. Acceptance of the assignment signifies no more than the debtor’s acknowledgment of knowledge that it has occurrCivil Matters — Volume 11 · Source page ٢٧٨
  25. Principle 1468The State’s guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise if another person is bound to compensate for the same injury. The consequence Civil Matters — Volume 11 · Source page ٢٧٨
  26. Principle 1469Assignment of a right. Its implication. What passes to the assignee is the assigned right itself, with its attributes, accessories, and securities. An example.Civil Matters — Volume 11 · Source page ٢٧٨

  27. حوالة الدين

    Principle 1470The provision in Article 202 of the Civil Code for transfer of obligations connected with property to the particular successor. Its scope of application is the predecessor's obligations connected with the property forminCivil Matters — Volume 11 · Source page ٢٧٨
  28. Principle 1471A transfer of debt concluded between the creditor and the transferee debtor without the original debtor's consent. Does not give the transferee debtor the right to recover from the original debtor what he paid on the basCivil Matters — Volume 11 · Source page ٢٧٩
  29. Principle 1472Assignment of debt is an agreement to transfer it from the liability of one debtor to another who replaces him. It may be concluded between the creditor and the transferee, or between the original debtor and the transferCivil Matters — Volume 11 · Source page ٢٧٩
  30. Principle 1473The burden of proving that a transfer of debt occurred and is effective rests on the original debtor. - Inferring the existence or non-existence of a transfer of debt. A matter of fact independently determined by the couCivil Matters — Volume 11 · Source page ٢٧٩
  31. Principle 1474Transfer of debt. Definition: an agreement to transfer the debt from the liability of the original debtor to a new debtor. Its effects. Discharge of the original debtor. - Parties to the transfer of debt. - 279 - ObligatCivil Matters — Volume 11 · Source page ٢٧٩
  32. Principle 1475Transfer of debt. Its definition: an agreement to transfer a debt from the liability of the original debtor to a new debtor. By it, the original debtor is discharged. It may be concluded between the creditor and the tranCivil Matters — Volume 11 · Source page ٢٨٠
  33. Principle 1476Being subject to procedures for settling transactions relating to company shares originally concluded pursuant to Law 75 of 1983. Its effect. Continuation of the institution's receivership over the debtor's assets until Civil Matters — Volume 11 · Source page ٢٨٠
  34. Principle 1477Transfer of debt. Its effect. Validity of payment to someone other than the creditor. Its criterion. Fulfilment of the conditions for management of another’s affairs without mandate.Civil Matters — Volume 11 · Source page ٢٨٠
  35. Principle 1479Transfer of debt. The condition for its effectiveness against the creditor. His approval of it. Inferring that this approval was given. Within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٢٨٠
  36. Principle 1480A cheque stipulated to be payable to a named person. Its transferability by endorsement and other commercial methods such as assignment. - Assignment. Its proof. No particular form is required for its conclusion. ExampleCivil Matters — Volume 11 · Source page ٢٨٠
  37. Principle 1481A transfer of debt concluded between the original debtor and the transferee. It is not effective against the creditor unless he approves it. - Inferring the creditor’s acceptance or implied approval of his debtor’s transCivil Matters — Volume 11 · Source page ٢٨٠
  38. Principle 1482An assignment of debt is an agreement to transfer the debt from the liability of the original debtor to that of a new debtor, with its attributes, guarantees and defenses, from the time the assignment becomes effective, Civil Matters — Volume 11 · Source page ٢٨١
  39. Principle 1483The State’s purchase of local banks’ debts owed by Kuwaiti debtors pursuant to the provisions of Law 41 of 1993. The consequences thereof. The appellant’s contestation of the original debt from which he was discharged byCivil Matters — Volume 11 · Source page ٢٨١
  40. Principle 1484Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to that of a debtor replacing him. The consequences thereof. An example concerning the State's purchase of local banks' debts Civil Matters — Volume 11 · Source page ٢٨١
  41. Principle 1485Transfer of debt. Its nature. An agreement to transfer the debt from the liability of the original debtor to that of a new debtor, whereby the former is discharged when the latter approves it or is a party to it. The latCivil Matters — Volume 11 · Source page ٢٨١
  42. Principle 1486The State’s substitution for the creditor in enforcing the assigned right against the debtor pursuant to the provisions governing assignment of rights insofar as they do not conflict with the provisions of Law 41 of 1993Civil Matters — Volume 11 · Source page ٢٨١
  43. Principle 1487Transfer of debt. Its nature. Its effect: discharge of the original debtor. Its condition: the creditor’s consent for it to be effective against him. Article 378, Civil Code. - The burden of proving the transfer and the Civil Matters — Volume 11 · Source page ٢٨٢
  44. Principle 1488Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to the liability of a new debtor who replaces him. Consequences thereof. Example concerning the State's purchase of local bankCivil Matters — Volume 11 · Source page ٢٨٢
  45. Principle 1489Insurance against damage. The insurer’s payment of the insurance sum to the insured. Its effect. Its subrogation to the insured’s position against the third party responsible for the damage. The reason therefor: preventiCivil Matters — Volume 11 · Source page ٢٨٢
  46. Principle 1490A debt transfer agreement between the original debtor and the transferee debtor. It is not effective against the creditor unless the creditor approves it. The burden of proving the existence of the transfer or the creditCivil Matters — Volume 11 · Source page ٢٨٢
  47. Principle 1491A transfer of debt is an agreement to transfer the debt from the liability of the original debtor to that of a debtor who replaces him, whereby the original debtor is discharged. How this agreement is concluded. The exprCivil Matters — Volume 11 · Source page
  48. Principle 1492The right transferred to the assignee is the very right that belonged to the assignor, with its inherent attributes and characteristics and its attached accessories. Example.Civil Matters — Volume 11 · Source page
  49. Principle 1493A creditor may assign to another his right against his debtor unless prohibited by a provision of law, an agreement between the contracting parties, or the nature of the obligation. - Transfer of the principal contractorCivil Matters — Volume 11 · Source page
  50. Principle 1494In an assignment of rights, the right passes to the assignee with its characteristics, accessories, securities securing it, and defences attaching to it. And the consequences thereof. Invalidity of the exclusion-of-warraCivil Matters — Volume 11 · Source page
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