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 المؤجر والمستأجر

    Principle 1657The lessor's obligation to enable the lessee to enjoy the leased property in a condition fit for the enjoyment intended by the lease, and to maintain the leased property throughout the lease term. His failure to do so. GCivil Matters — Volume 11 · Source page ٣١٦
  2. Principle 1658The lessor’s obligation to enable the lessee to enjoy the leased property and to warrant against interference by third parties with that enjoyment where it is based on a legal ground. Article 578 of the Civil Code.Civil Matters — Volume 11 · Source page ٣١٦
  3. Principle 1659The lessor is obliged to enable the lessee to enjoy the leased property in a condition suitable for all the intended enjoyment. The lessor's breach of this obligation entails the lessee's right to seek termination of theCivil Matters — Volume 11 · Source page ٣١٦
  4. Principle 1660Immovable property privately owned by the State. The manner of its exploitation. Under a lease contract or a temporary licence to use - 316 - Obligation evidenced in writing, specifying the rights and obligations of its Civil Matters — Volume 11 · Source page ٣١٦
  5. Principle 1661A supervening excuse that would make continuation of the lease contract onerous for one of its parties. Its effect. The judge may terminate the contract at that party's request, with compensation to the other party. - ThCivil Matters — Volume 11 · Source page ٣١٧
  6. Principle 1662Delivery of the leased property in the condition agreed in the contract and in a manner that does not prevent the lessee from enjoying it for its intended purpose. A primary obligation of the lessor. Establishment of a sCivil Matters — Volume 11 · Source page ٣١٧
  7. Principle 1663The 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 occurring witCivil Matters — Volume 11 · Source page ٣١٧
  8. Principle 1664The lessee’s inability to enjoy full use of the leased property as a result of his fault or for a reason relating to his person. Its effect. His liability for the rent and for what the contract imposes upon him, so long Civil Matters — Volume 11 · Source page ٣١٧
  9. Principle 1665A third party’s interference with the lessee for a reason attributable to the lessor. The lessee’s right to claim compensation from the latter. Article 581 of the Civil Code. An example concerning the lessee’s entitlemenCivil Matters — Volume 11 · Source page ٣١٧
  10. Principle 1666The lessee's obligation to preserve and care for the leased property. His liability for damage or destruction affecting it is presumed and is removed only if he proves that the damage or destruction arose from an extraneCivil Matters — Volume 11 · Source page ٣١٨
  11. Principle 1667The lessor is obligated to enable the lessee to enjoy the leased property in a condition fit for the entirety of the intended enjoyment. The lessor's breach of this obligation gives the lessee the right to seek rescissioCivil Matters — Volume 11 · Source page ٣١٨
  12. Principle 1668The cause of an obligation in contracts binding on both parties. The other contracting party’s obligation. Its implication. - A lease contract. Gives rise to the lessor’s obligation to deliver the leased property and itsCivil Matters — Volume 11 · Source page ٣١٨
  13. Principle 1669The lessee’s obligation to return the leased property upon expiry of the lease in the condition in which he received it. Breach thereof. His obligation to compensate unless the destruction of or damage to the leased propCivil Matters — Volume 11 · Source page ٣١٩
  14. Principle 1670Total destruction of the leased property. Its effect. Automatic termination of the lease contract. It is immaterial whether the destruction is attributable to force majeure, the lessor's fault, the lessee's fault, or a tCivil Matters — Volume 11 · Source page ٣١٩
  15. Principle 1671The lessee must pay the rent on its due dates so long as the lessee enjoys the leased property. The lessor’s warranty to the lessee against third-party interference based on a legal ground. Its condition. The lessee mustCivil Matters — Volume 11 · Source page ٣١٩
  16. Principle 1673The rental value is consideration for the lessee’s use and enjoyment of the leased property. Impossibility of enjoying it. Its effect. Suspension of his obligation to pay that value.Civil Matters — Volume 11 · Source page ٣٢٠
  17. Principle 1674The lessee’s obligation to preserve and care for the leased property and his liability for any damage or destruction it sustains arising from his use of it in an uncustomary manner. His liability therefor is not dischargCivil Matters — Volume 11 · Source page ٣٢٠
  18. Principle 1675Leasing the insured car to a third party does not make the lessee a party to the insurance contract. Consequence. He does not benefit from the rights it creates and is not liable for the obligations arising from it. The Civil Matters — Volume 11 · Source page ٣٢٠
  19. Principle 1676The lessor’s obligation to enable the lessee to enjoy the leased property in a condition fit for all the enjoyment intended by the lease. - Rent is consideration for enjoyment. - The lessor. His obligation to warrant agaCivil Matters — Volume 11 · Source page ٣٢٠
  20. Principle 1677The 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 affecting it Civil Matters — Volume 11 · Source page ٣٢٠
  21. Principle 1678A contracting party may seek rescission of the contract after giving notice to the other contracting party in bilateral contracts. The condition thereof: if the contracting party does not fulfill its obligation when it fCivil Matters — Volume 11 · Source page ٣٢١
  22. Principle 1679The lessee’s payment of rent for the leased property at times. Mandatory so long as he enjoys it. A third party’s interference with him and deprivation of his enjoyment of it on a legal ground. Its effect. He may seek reCivil Matters — Volume 11 · Source page ٣٢١

  23. - التزامات المؤمن والمؤمن له

    Principle 1680The rent becoming due. The lessor must go to the lessee's domicile to demand payment unless there is an agreement or custom providing otherwise. His failure to do so and the lessee's insistence that payment be made at hiCivil Matters — Volume 11 · Source page ٣٢١
  24. Principle 1681The insurer’s obligation to compensate for the actual damage sustained by the injured party and its obligation to compensate for the injury itself under the rules of Sharia diya.Civil Matters — Volume 11 · Source page ٣٢٢
  25. Principle 1682The insurer’s obligation to compensate the injured party for damage arising from the vehicle. Does not prevent its recourse against him as a liable person, not as an injured party. - The insurer’s recourse against the inCivil Matters — Volume 11 · Source page ٣٢٢
  26. Principle 1683The insurance company's obligation to cover civil liability arising from damage suffered by any passenger from accidents involving vehicles designated for passenger transport and those designated for goods transport. TheCivil Matters — Volume 11 · Source page ٣٢٢
  27. Principle 1684The obligation of the insurer under compulsory insurance against civil liability arising from motor vehicle accidents and of the third party responsible for the accident to compensate the injured party, and their liabiliCivil Matters — Volume 11 · Source page ٣٢٢
  28. Principle 1685The direct cause of the insured’s obligation for the amount paid by the insurer to the injured party is not the injured party’s fault but the insurance contract. The effect thereof. The insured cannot claim that damage bCivil Matters — Volume 11 · Source page ٣٢٢
  29. Principle 1686The insurance company’s obligation to pay the amount of compensation for motor vehicle accidents. Its condition: that the vehicle that caused the damage be insured with it and that the accident occur within the borders oCivil Matters — Volume 11 · Source page ٣٢٢
  30. Principle 1687The insurer is obliged to compensate for material damage and bodily injury arising from accidents involving insured motor vehicles, so long as the accident occurred as a result of active involvement of the vehicle, whethCivil Matters — Volume 11 · Source page ٣٢٣
  31. Principle 1688The insurer’s cover. Its limit. The subject matter to which it committed itself, namely the risks specified in the insurance policy.Civil Matters — Volume 11 · Source page ٣٢٣
  32. Principle 1689The insurer's obligation to pay the insurance sum. Its condition. Materialization of the insured risk. Assessment thereof falls within the authority of the court of merits.Civil Matters — Volume 11 · Source page ٣٢٣
  33. Principle 1690Obliging the insurance company to pay the amount of compensation for motor accidents. Its condition. That the car which caused the damage be insured with it and that the accident occur within the State of Kuwait and not Civil Matters — Volume 11 · Source page ٣٢٣
  34. Principle 1691The insurer’s coverage. Its scope is determined by the limits stipulated in the insurance policy and by what is agreed therein.Civil Matters — Volume 11 · Source page ٣٢٣
  35. Principle 1692The contracting parties are free to determine the risk insured against and the extent and conditions of the coverage to which the insurer is bound. The import thereof. The limits of the insurer's coverage are determined Civil Matters — Volume 11 · Source page ٣٢٣
  36. Principle 1693The insured’s breach of the duties or restrictions contained in the insurance policy concerning the use and driving of the vehicle. The insurer has the right of recourse against him for the compensation it paid to the inCivil Matters — Volume 11 · Source page ٣٢٣
  37. Principle 1694Occurrence of the insured risk. Its effect. The insurer’s obligation to pay the insurance sum. - Whether or not the risk giving rise to the insurer’s coverage has occurred. A matter of fact for the judge of merits, withoCivil Matters — Volume 11 · Source page ٣٢٣

  38. - التزام الواهب

    Principle 1695The insurer's coverage. Its limit. The subject matter to which it committed itself, namely the risks specified in the insurance policy. - The donor's obligation:Civil Matters — Volume 11 · Source page ٣٢٤
  39. Principle 1696The donor's obligation to warrant against interference arising from his own act. Its implication is that he is precluded from defending against the donee's action by prescription or by disposing of the donee by prescriptCivil Matters — Volume 11 · Source page ٣٢٤

  40. - التزام الموهوب له قبل الواهب

    Principle 1697The absence from a gift contract of a provision imposing an obligation to leave the subject matter of the gift to the donor for life. Does not prevent the latter from proving, through witness testimony, the existence of Civil Matters — Volume 11 · Source page ٣٢٤

  41. - التزام محدث الفعل الضار والمباشر

    Principle 1698The donor’s revocation of the gift. The donee’s obligation towards him is to return the donated thing to him from the date of the judgment issued to that effect, without any other obligations. Contravention thereof. An eCivil Matters — Volume 11 · Source page ٣٢٤
  42. Principle 1700Whoever causes damage to another through his wrongful act. Is obliged to compensate him. Damage is the fundamental element of tort liability and exceeds fault in importance, and such liability cannot exist without its ocCivil Matters — Volume 11 · Source page ٣٢٥

  43. - التزام الدولة بالضمان الاحتياطي

    Principle 1701The direct actor’s obligation to compensate. The condition for its arising. Where the act he personally performed itself brought about the damage and caused it without an intermediary and without another’s intervention bCivil Matters — Volume 11 · Source page ٣٢٥

  44. - التزامات الناقل

    Principle 1702The State's guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise if there is another person obliged to compensate for the same damage. The consCivil Matters — Volume 11 · Source page ٣٢٥
  45. Principle 1703The cash deposit or bank guarantee lodged by the shipping agent. Its purpose. To secure enforcement of judgments rendered against carriers. Its provisions apply from the entry into force of the Maritime Commercial Law.Civil Matters — Volume 11 · Source page ٣٢٥
  46. Principle 1704The sea carrier’s obligation to deliver the goods intact necessitates unloading them. Its implication. The unloading contractor’s intervention is for the carrier’s account and under its responsibility. The effect thereofCivil Matters — Volume 11 · Source page ٣٢٥
  47. Principle 1705The sea carrier’s obligation. It encompasses loading the goods, assembling them, stowing them, transporting them, preserving them, caring for them, and unloading them. Consequence: the contract of carriage by sea addressCivil Matters — Volume 11 · Source page
  48. Principle 1706The air carrier’s obligation is an obligation to guarantee the goods from their receipt until their delivery to the consignee. Its liability for damage occurring during this period is based on presumed fault on its part.Civil Matters — Volume 11 · Source page
  49. Principle 1707The sea carrier's obligation to transport the goods from the port of shipment to the port of arrival within the specified time. Occurrence of loss, damage, or destruction. Presumption that it occurred during the sea voyaCivil Matters — Volume 11 · Source page
  50. Principle 1708The air carrier's obligation. Its nature and limits. Breach thereof rests on presumed fault on its part, subject to proof to the contrary.Civil Matters — Volume 11 · Source page
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