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. - التزامات الناقل

    Principle 1709The general basis for determining compensation for goods under the Warsaw Convention, to which Kuwait has acceded. The weight of the consignment. - Assessment of compensation on the basis of the value specified by the coCivil Matters — Volume 11 · Source page ٣٢٦
  2. Principle 1710The sea carrier’s obligation under the Brussels Convention to deliver the goods. Its scope is defined by the sea voyage, with damage presumed to have occurred. The carrier may disprove its occurrence.Civil Matters — Volume 11 · Source page ٣٢٦
  3. Principle 1711The carrier’s obligation. An obligation to achieve a result, namely transporting the thing and delivering it to the consignee. His liability continues until this is accomplished. Loss of or damage to the thing before thiCivil Matters — Volume 11 · Source page ٣٢٦
  4. Principle 1712The carrier’s obligation is an obligation to achieve a result by transporting the thing and delivering it intact to its owner. Destruction of the thing before actual delivery entails its liability. It may avert liabilityCivil Matters — Volume 11 · Source page ٣٢٧
  5. Principle 1713The contract of carriage places upon the carrier an obligation that the goods carried reach the consignee. Nature of this obligation. An obligation to achieve a result. Damage to or destruction of the goods. It suffices Civil Matters — Volume 11 · Source page ٣٢٧
  6. Principle 1714The carrier’s obligation is an obligation to achieve a result. The carrier is relieved of liability only if it proves that the loss of or damage to the thing is attributable to force majeure, an inherent defect, or the cCivil Matters — Volume 11 · Source page ٣٢٧
  7. Principle 1715The sea carrier’s obligation to achieve a result. Its implication: the carrier’s fault is presumed unless it rebuts it by force majeure or an external cause. What is stated in the second paragraph of Article Four of the Civil Matters — Volume 11 · Source page ٣٢٧
  8. Principle 1716The carrier’s obligation is an obligation to achieve a result. It is not lifted unless it proves that the damage to the goods is attributable to force majeure, an inherent defect, or the consignor’s fault. - 327 - ObligaCivil Matters — Volume 11 · Source page ٣٢٧
  9. Principle 1717Exemption of the carrier from liability for loss or damage arising from fire. Its prerequisite. Proof of a causal relationship between the damage and the fire. Its implication: the burden of proving that the fire occurreCivil Matters — Volume 11 · Source page ٣٢٨
  10. Principle 1718The contract of carriage obliges the carrier to provide a seaworthy vessel before the commencement of the voyage. The reason for that. Assessment of whether or not the carrier has complied with that obligation. A matter Civil Matters — Volume 11 · Source page ٣٢٨
  11. Principle 1719The contract of carriage imposes upon the carrier the obligation to deliver the goods sound and complete, in the described condition in which they were handed over to it, at the port of arrival. If they sustain damage, tCivil Matters — Volume 11 · Source page ٣٢٨
  12. Principle 1721The shipowner is responsible for the contractual obligations he enters into personally or through his agent in relation to the ship or the maritime consignment.Civil Matters — Volume 11 · Source page ٣٢٨
  13. Principle 1722The contract of carriage. Its nature. Writing is not required for its existence or proof. The court of merits may infer its existence from the papers and documents. - The contract of carriage imposes on the carrier an obCivil Matters — Volume 11 · Source page ٣٢٨
  14. Principle 1723Commission agency for carriage. Its nature: a contract whereby the agent undertakes to contract, in his own name or in his principal's name, with a carrier to transport a thing or a person to a specified destination in rCivil Matters — Volume 11 · Source page ٣٢٨
  15. Principle 1724The maritime carrier. Liable for loss or damage sustained by the goods and discovered at the port of arrival, owing to the presumption - 328 - Obligation that the damage occurred between loading and discharge, unless it Civil Matters — Volume 11 · Source page ٣٢٨
  16. Principle 1725Contract of carriage. The carrier’s obligation thereunder to achieve a result, namely to transport the thing and deliver it intact to the consignee. Its implication. The carrier’s liability continues until actual deliverCivil Matters — Volume 11 · Source page ٣٢٩
  17. Principle 1726The maritime carrier. Its obligation to deliver the shipped goods to the consignee at the port of arrival, and its liability for loss or damage affecting them discovered upon arrival. Basis thereof. Presumption that the Civil Matters — Volume 11 · Source page ٣٢٩
  18. Principle 1727A contract for the carriage of persons. The carrier’s obligation to guarantee the passenger’s safety. An obligation to achieve a result. Its implication. It is sufficient for the passenger to prove that he was injured duCivil Matters — Volume 11 · Source page ٣٢٩
  19. Principle 1728Proof by the defendant in a liability action, despite his having committed a fault, that his fault did not contribute to causing the damage, which instead occurred due to an extraneous cause beyond his control. Its effecCivil Matters — Volume 11 · Source page ٣٣٠
  20. Principle 1729The sea carrier. His obligation under the contract of carriage to transport the goods from the port of loading, in the condition in which they were handed over, to the consignee at the port of arrival within the specifieCivil Matters — Volume 11 · Source page ٣٣٠
  21. Principle 1730The contract of carriage by sea. Obligates the carrier to transport a thing to a specified destination, load and stow it in the means of transport, and then discharge it, unless otherwise agreed. Nature of this obligatioCivil Matters — Volume 11 · Source page ٣٣٠
  22. Principle 1731The contract of maritime carriage imposes on the carrier the obligation to deliver the consignment intact to the consignee. Loss of or damage to the consignment. The consignee may prove that this occurred during the contCivil Matters — Volume 11 · Source page ٣٣٠
  23. Principle 1732Limitation of the sea carrier's liability for destruction of or damage to the goods or for delay in their delivery, whether shipped in packages or units, to an amount not exceeding the prescribed compensation limit. ExceCivil Matters — Volume 11 · Source page ٣٣١
  24. Principle 1733The maritime carrier’s obligation to transport the goods from the port of shipment to the port of arrival within the time limit. - The contract of carriage by sea. Neither its discharge nor the termination of the maritimCivil Matters — Volume 11 · Source page ٣٣١
  25. Principle 1734A carriage contract. Its nature. - A carriage contract. The carrier’s obligation thereunder is to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its requirement. The carrier’s Civil Matters — Volume 11 · Source page ٣٣١

  26. - التزامات الطبيب

    Principle 1735The contract of carriage. Its consequence: obligating the carrier to transport the thing and deliver it intact to the consignee, and it remains in existence until the consignee is actually delivered his goods. If the thiCivil Matters — Volume 11 · Source page ٣٣١

  27. - التزامات الوكيل والموكل

    Principle 1737The agent's obligation to submit a statement of account to his principal. It does not lapse unless the principal exempts him from it. The burden of proving this exemption rests on the agent.Civil Matters — Volume 11 · Source page ٣٣٢
  28. Principle 1739Remunerated agency and gratuitous agency. The nature of the agent’s obligation in each.Civil Matters — Volume 11 · Source page ٣٣٢
  29. Principle 1741The agent’s performance of the agency. Its consequence. He must render a detailed account to the principal and is not exempted therefrom unless the principal expressly exempts him or the nature of the transaction or the Civil Matters — Volume 11 · Source page ٣٣٢
  30. Principle 1742The apparent agent. His dealings with third parties in the principal's name. Effect. Binding the principal by his act, including the rights and obligations it entails. Condition for this. The act must be in the principalCivil Matters — Volume 11 · Source page ٣٣٢
  31. Principle 1743The sums necessary for expenditure on the execution of the agency. The principal’s obligation to provide them to his agent unless otherwise agreed.Civil Matters — Volume 11 · Source page ٣٣٣
  32. Principle 1744The agent’s completion of performance of the agency. Its effect. He must render a detailed account to the principal encompassing all its activities. This obligation lapses by exemption from the principal or if the natureCivil Matters — Volume 11 · Source page ٣٣٣
  33. Principle 1745Manager of a simple limited partnership. Liable towards the company for faults committed by him in management, even if slight. His liability towards the company is contractual and towards third parties is tortious. The mCivil Matters — Volume 11 · Source page ٣٣٣
  34. Principle 1746The prescription period between the principal and the representative. It does not run as long as the representation subsists. The reason therefor. The representative’s possession of the principal’s property is precariousCivil Matters — Volume 11 · Source page ٣٣٣
  35. Principle 1747Successive powers of attorney, each authorizing the agent to appoint another in respect of that with which he himself was entrusted. The effects of the contract concluded by the last of the agents extend to the original Civil Matters — Volume 11 · Source page ٣٣٤
  36. Principle 1748The agent is obligated to execute the agency for the principal's account within its prescribed limits. The principal's liability to third parties for the agent's fault within the limits of the rules of tort liability andCivil Matters — Volume 11 · Source page ٣٣٤
  37. Principle 1749The agent's submission to his principal, after performance of the agency, of a detailed account encompassing all agency activities, supported by documents and including assets, liabilities, and the net balance—as in a cuCivil Matters — Volume 11 · Source page ٣٣٤
  38. Principle 1750The agent is obligated to perform what he has undertaken in good faith. His breach of this duty. His purpose must be thwarted. His appropriating for himself something which he was appointed to do for his principal’s accoCivil Matters — Volume 11 · Source page ٣٣٤
  39. Principle 1751Apparent agency produces the same effects as actual agency between the principal and third parties. The apparent agent, in dealing with third parties in the principal’s name, is deemed his representative, and the effectsCivil Matters — Volume 11 · Source page ٣٣٥
  40. Principle 1752The agent's obligation to render an account of the acts of the agency. It does not lapse unless the principal clearly and unequivocally exempts the agent from it or the nature of the transaction or the circumstances so rCivil Matters — Volume 11 · Source page ٣٣٥
  41. Principle 1753Expression of intention. It exists upon its mere issuance by its author. When it takes effect: upon coming to the knowledge of the person to whom it is addressed. - The principal’s exemption of the agent from performing Civil Matters — Volume 11 · Source page ٣٣٥
  42. Principle 1754Apparent agency. Conditions for its existence. - The existence of apparent agency entails the same consequences as actual agency as between the principal and third parties. Effect. The apparent agent is considered, in hiCivil Matters — Volume 11 · Source page ٣٣٥

  43. - الالتزام برد غير المستحق

    Principle 1755An agent’s contracting with a third party in the principal’s name and within the limits of the agency. Its effect. The contract is attributed to the principal as though issued by him, so that he directly acquires the rigCivil Matters — Volume 11 · Source page ٣٣٥

  44. - الالتزامات المتقابلة

    Principle 1756Receipt of what is not due. Its sufficiency, as a general rule, to impose an obligation of restitution on the recipient. Absence of entitlement. The relevant perspective is that of the recipient, not that of the payer. ECivil Matters — Volume 11 · Source page ٣٣٦
  45. Principle 1757The seller’s refusal to perform the obligation to transfer ownership of the thing sold to the purchaser who has taken delivery without paying the balance of the price. The judge may order the purchaser to pay the price uCivil Matters — Volume 11 · Source page ٣٣٦
  46. Principle 1758The party seeking rescission must be ready to perform his obligation arising from the contract. Rationale. - The purchaser who has received the property sold. The condition of his ability to return it upon rescission.Civil Matters — Volume 11 · Source page ٣٣٦
  47. Principle 1759Breach by one contracting party of his obligation under a contract binding on both parties. Its effect. The other contracting party’s right to request judicial rescission.Civil Matters — Volume 11 · Source page
  48. Principle 1760Each contracting party, in reciprocal obligations due for performance, is entitled to plead non-performance of his obligation and retain what he holds if the other contracting party refrains from performing his obligatioCivil Matters — Volume 11 · Source page
  49. Principle 1761The cause of an obligation in a contract binding on both parties is the other contracting party’s obligation. - 336 - Obligation - The general rules governing reciprocal obligations in contracts binding on both parties eCivil Matters — Volume 11 · Source page
  50. Principle 1762The defense of non-performance. Its foundation. Connection and reciprocity in bilateral contracts. The arising of each party’s obligation under an independent contract prevents reliance upon it in another contract. The sCivil Matters — Volume 11 · Source page
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