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. - التزامات العامل وصاحب العمل

    Principle 1601The worker’s right to annual leave. Its connection with public policy. Its effect. It may not be waived expressly or implicitly, and the employer must grant it to him while paying his wages for it. Contravention thereof.Civil Matters — Volume 11 · Source page ٣٠٦
  2. Principle 1602The worker is deemed an agent of the employer in the legal acts he performs as required for carrying out his work. The effect thereof: the latter is bound by what the former performs.Civil Matters — Volume 11 · Source page ٣٠٦
  3. Principle 1603The employer's obligation to compensate the worker for damage resulting from termination of a fixed-term contract whenever termination is by the employer. Assessment of compensation in that case at no more than the totalCivil Matters — Volume 11 · Source page ٣٠٦
  4. Principle 1604The employer. Under the old-age, disability, and death insurance scheme, he is obliged only to pay the equivalent of the end-of-service gratuity at the rates set out in Article 54 of Private Sector Labor Law 38 of 1964(1Civil Matters — Volume 11 · Source page ٣٠٦
  5. Principle 1605The insurance ceiling for the salary of Kuwaiti workers insured with the Public Institution for Social Security is 1250 dinars monthly. Its replacement of the end-of-service gratuity in respect of the insured portion of Civil Matters — Volume 11 · Source page ٣٠٦
  6. Principle 1606Termination of the employment contract upon cessation of the establishment: its cases. Its effect: the worker’s right to claim his employment entitlements, including the end-of-service gratuity. - The worker’s right to cCivil Matters — Volume 11 · Source page ٣٠٧
  7. Principle 1607The Iraqi invasion. Its being considered force majeure that does not entail automatic termination of the contract. Suspension of its performance. The reason therefor. That the impossibility of performance is temporary. TCivil Matters — Volume 11 · Source page ٣٠٧
  8. Principle 1608A worker’s lack of entitlement to an end-of-service gratuity. Its prerequisite. Leaving work of the worker’s own free choice before the end of the employment contract. Rationale thereof. The worker’s departure from work Civil Matters — Volume 11 · Source page ٣٠٧
  9. Principle 1610The arising of the employer’s obligation to compensate the worker for contracting an occupational disease. Its condition. That this disease be included in the statement of occupational diseases or the industries or work Civil Matters — Volume 11 · Source page ٣٠٨
  10. Principle 1611Assessing the existence or non-existence of a worker’s breach of his obligations and the existence or non-existence of justification for his dismissal without excuse or end-of-service gratuity. A matter of fact independeCivil Matters — Volume 11 · Source page ٣٠٨
  11. Principle 1612The employer. Under the old-age, disability, and death insurance scheme for Kuwaiti workers mentioned in the second article of the provisions promulgating the Social Insurance Law, he is liable only for the equivalent ofCivil Matters — Volume 11 · Source page ٣٠٨
  12. Principle 1613The employer’s obligation to pay an allowance in lieu of notice upon termination of an employment contract of indefinite duration. Its condition. Failure to observe the period stipulated in 53, Law 38/1964 (*) before terCivil Matters — Volume 11 · Source page ٣٠٨

  13. - التزامات الكفيل

    Principle 1614The worker's right to continue in the service of the successor while retaining his gratuity for the preceding period, or to claim it from the predecessor. Optional for him without restriction. The gratuity becoming a debCivil Matters — Volume 11 · Source page ٣٠٨
  14. Principle 1616A suretyship contract. Its nature. - Statutory, judicial, or commercial suretyship. The sureties thereunder are jointly and severally liable among themselves and with the debtor. - Commercial suretyship. The sureties theCivil Matters — Volume 11 · Source page ٣٠٩

  15. - الالتزام بالتحمل عن الغير

    Principle 1618The surety's obligation follows the original debtor's obligation in its validity and invalidity. The condition for the validity of the suretyship and the creation of an obligation on the surety to guarantee the secured oCivil Matters — Volume 11 · Source page ٣٠٩
  16. Principle 1619A party contracting on his own behalf assuming specified obligations which he undertakes to perform for a third person. Permissible. This person may be unidentified individually at the time of the stipulation so long as Civil Matters — Volume 11 · Source page ٣١٠

  17. - التزام أصلي والتزام تابع

    Principle 1620The relationship of the insured with the person he designates as beneficiary of the insurance contract. Governed by the rules of stipulation for the benefit of a third party. Effect thereof. - Principal obligation and acCivil Matters — Volume 11 · Source page ٣١٠
  18. Principle 1622The surety's obligation. An obligation accessory to the principal obligation. - Personal suretyship and financial suretyship. The nature of each.Civil Matters — Volume 11 · Source page ٣١٠
  19. Principle 1623Letter of guarantee. Its nature. The obligation arising from it is independent of the relationship between the bank and the customer and that between the latter and the beneficiary. Issuance of the letter of guarantee atCivil Matters — Volume 11 · Source page ٣١٠
  20. Principle 1624A penalty clause. An obligation accessory to a principal obligation. The effect of its lapse. Disregarding the compensation assessed pursuant thereto. The effect of its realization. Compensation arises for the creditor, Civil Matters — Volume 11 · Source page ٣١٠
  21. Principle 1625Penalty clause. Its nature. An agreement on the sanction for breach of the principal obligation. Its implication. Extinction of the principal obligation. Its effect. Extinction of the penalty clause, so that the compensaCivil Matters — Volume 11 · Source page ٣١٠
  22. Principle 1626What suretyship requires: the existence of a principal obligation of the debtor and the surety's obligation accessory to that obligation.Civil Matters — Volume 11 · Source page ٣١١

  23. - التزام الفضولى

    Principle 1627The emergence of the obligation under the negotiable instrument alongside the original obligation results in the creation of the commercial instrument as a means of discharging a prior obligation. Its effect: the creditoCivil Matters — Volume 11 · Source page ٣١١

  24. - الالتزام المستقبل

    Principle 1628The obligation of a person managing another’s affairs without mandate is an obligation to exercise care. The obligation of the principal to compensate that person for the damage he suffered as a result of undertaking theCivil Matters — Volume 11 · Source page ٣١١
  25. Principle 1629Guaranteeing a future obligation. When it is valid. An example of guaranteeing a future obligation. - The subject matter of an obligation of known amount at its inception. It is that whose amount is determined on fixed bCivil Matters — Volume 11 · Source page ٣١١
  26. Principle 1630Suretyship for a future obligation. Specification of its duration. Its effect. The surety guarantees only obligations incurred by the debtor during this period. The condition for this.Civil Matters — Volume 11 · Source page ٣١٢
  27. Principle 1631The guarantor’s right to withdraw his guarantee. It is confined to guaranteeing a future obligation where no duration for the guarantee has been specified, provided that he notifies the creditor of his withdrawal at an aCivil Matters — Volume 11 · Source page ٣١٢

  28. - التزامات المقاول وصاحب العمل ومهندس البناء

    Principle 1632Guaranteeing a future obligation. Permissible even if the obligation does not exist at the time of the guarantee. Condition therefor: specifying in the guarantee contract a maximum limit for the guarantor’s obligation. RCivil Matters — Volume 11 · Source page ٣١٢
  29. Principle 1633The employer's obligation to take delivery of the work from the contractor after its completion once it is placed at his disposal. His refusal to do so without a lawful reason. He is deemed to have taken delivery of and Civil Matters — Volume 11 · Source page ٣١٢
  30. Principle 1634Assignment of rights. Its conditions, effectiveness, and effect upon transfer of the right that is its subject matter. - The main contractor's right against the employer. Its transfer to the assignee encumbered with the Civil Matters — Volume 11 · Source page ٣١٢
  31. Principle 1635The contractor's obligation to erect a building. An obligation to achieve an end. When the contractor is discharged from it and what is insufficient in this regard.Civil Matters — Volume 11 · Source page ٣١٢
  32. Principle 1636The contractor’s obligation. An obligation to achieve a result. Its nature. The building remaining sound for ten years. - Proof of breach of this obligation. Its manner. The contractor’s warranty. What it covers.Civil Matters — Volume 11 · Source page ٣١٢
  33. Principle 1637The contractor's obligation is an obligation to achieve a result. His failure to deliver the work in full at the time and place at which it must be delivered - 312 - Obligation entails his contractual liability. The emplCivil Matters — Volume 11 · Source page ٣١٢
  34. Principle 1638A subcontractor’s recourse against the employer. Its condition. That the latter be indebted to the main contractor under the main contractor’s contract at the time the subcontractor brings the direct action against him. Civil Matters — Volume 11 · Source page ٣١٣
  35. Principle 1639The subcontractor. A party to the contract for works and a creditor who, within the limits of the remuneration owed to him by the main contractor and the accessories of that remuneration, claims from the debtor party, naCivil Matters — Volume 11 · Source page ٣١٣
  36. Principle 1640The contractor’s warranty for the buildings or structures he has erected. The duration of this warranty and what it covers.Civil Matters — Volume 11 · Source page ٣١٣
  37. Principle 1641The subcontractor may bring an action against the employer for a judgment ordering him to pay the default interest due to the subcontractor from the main contractor. The basis for this. Article 682 Civil Code. The reasonCivil Matters — Volume 11 · Source page ٣١٣
  38. Principle 1642The employer and the subcontractor. No contract binds them. The effect thereof. The latter may claim from the former what he owes the main contractor by an indirect action. He also has a direct action and a preferential Civil Matters — Volume 11 · Source page ٣١٣
  39. Principle 1643The contractor’s obligation is an obligation to achieve a result, namely that the building remains sound for ten years after its delivery. Article 692 of the Civil Code. Breach of this obligation is established merely byCivil Matters — Volume 11 · Source page ٣١٣
  40. Principle 1644The subcontractor. A party to the contract for works and a creditor claiming within the limits of the remuneration owed to him by the principal contractor and the accessories to that remuneration. The debtor party is theCivil Matters — Volume 11 · Source page ٣١٤
  41. Principle 1645Building and construction contracts concluded on the basis of an estimated bill of quantities. If it becomes apparent to the contractor during performance that it is necessary substantially to exceed the estimate, he musCivil Matters — Volume 11 · Source page ٣١٤
  42. Principle 1646The contractor's obligation is an obligation to achieve a result: that the building he erected remain sound and solid for ten years - as a general rule - from completion of the building or construction. Article 692 CivilCivil Matters — Volume 11 · Source page ٣١٤

  43. - التزامات المودع لديه

    Principle 1647The engineer's warranty liability. It arises when he is entrusted with preparing the designs, drawings, and models necessary for erecting structures or part thereof pursuant to Articles 692, 593 of the Civil Code. His liCivil Matters — Volume 11 · Source page ٣١٤
  44. Principle 1648A bank deposit. Its definition, what distinguishes it from a deposit earmarked for a particular undertaking, and when the depositary assumes the position of an agent and his primary obligation is to preserve the money. -Civil Matters — Volume 11 · Source page ٣١٤

  45. - التزامات المؤجر والمستأجر

    Principle 1650Interference with the lessee against which the lessor provides a warranty means legal interference affecting enjoyment of the leased property. If the interference affects the leased property itself, striking its substancCivil Matters — Volume 11 · Source page ٣١٥
  46. Principle 1651A lease is a contract binding on both parties, imposing on the lessor an obligation to deliver the leased property in return for the lessee's obligation to pay rent on its due dates. An agreement to pay rent in advance aCivil Matters — Volume 11 · Source page ٣١٥
  47. Principle 1652The lessor's warranty against personal physical or legal interference with the lessee and the lessor's abstention from every physical or legal act resulting in the lessee's failure to obtain the benefit intended from theCivil Matters — Volume 11 · Source page
  48. Principle 1653The lessor’s obligation not to interfere with the lessee’s enjoyment of the leased property. Its effect. The lessor’s reliance on having leased it to others. Is not accepted. - 315 - ObligationCivil Matters — Volume 11 · Source page
  49. Principle 1654Article 610 of the Civil Code permits the lessee to request termination of the lease if unforeseen circumstances arise for him that would render continuation of the lease onerous. The Iraqi invasion of the country was meCivil Matters — Volume 11 · Source page
  50. Principle 1655The lessee’s obligation to return the leased property and its accessories upon termination of the lease. His breach thereof. His obligation to pay compensation, unless the destruction of or damage to the leased property Civil Matters — Volume 11 · Source page
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