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. - الالتزامات المتقابلة

    Principle 1763In contracts binding on both parties, a request for rescission requires that the contracting party requesting rescission be relying on performing his obligation.Civil Matters — Volume 11 · Source page ٣٣٧
  2. Principle 1764The doctrine of unforeseen circumstances. Its application requires that, after conclusion of the contract and before completion of performance of the obligation arising from it, an exceptional event of a general nature oCivil Matters — Volume 11 · Source page ٣٣٧

  3. - الالتزامات في العقود الإدارية

    Principle 1765Contracts binding on both parties. Failure of one contracting party to perform its obligation when it falls due. Effect thereof. The other contracting party may, after serving formal notice of default, request rescissionCivil Matters — Volume 11 · Source page ٣٣٧

  4. - التزامات هيئة شئون القُصر

    Principle 1767The court’s inference, by virtue of its authority to ascertain and understand the facts of the case, assess and weigh the evidence submitted to it, and interpret contracts and other instruments in the manner it considersCivil Matters — Volume 11 · Source page ٣٣٨

  5. - التزام المساهم في الشركة المدرجة بشركة الكويت للأوراق المالية

    Principle 1768The obligation of the Authority for Minors' Affairs to administer minors' assets. An obligation to exercise care, not to achieve a result. - 338 - Obligation - Restriction of the guardianship of Minors' Affairs to minorsCivil Matters — Volume 11 · Source page ٣٣٨

  6. التزامات الناشر

    Principle 1769A shareholder, whether an individual or a company, in a shareholding company listed on the Kuwait Stock Exchange. The shareholder's obligation to notify the Exchange and the company's board of directors, by registered leCivil Matters — Volume 11 · Source page ٣٣٩

  7. الالتزام الطبيعي

    Principle 1770Permissible publication. Its nature. That which does not offend public morals or infringe persons' dignity or their personal freedoms guaranteed by the Constitution and the law. Exceeding this limit. Its effect. Holding Civil Matters — Volume 11 · Source page ٣٤٠
  8. Principle 1771Performance of a natural obligation. Its condition. That the debtor be upon his house as to the nature and direction of his intention to perform. - 340 - ObligationCivil Matters — Volume 11 · Source page ٣٤٠

  9. القانون الذي يسرى على الالتزام

    Principle 1772Natural obligation. Its suitability as the basis for a civil obligation. What is meant thereby. The debtor’s undertaking of a natural obligation which he knows he is not compelled to perform. The obligation is valid, andCivil Matters — Volume 11 · Source page ٣٤١
  10. Principle 1773The new law applies to everything occurring from its effective date unless otherwise provided. The effects of legal transactions remain subject to the law under which they were concluded, unless the provisions of the newCivil Matters — Volume 11 · Source page ٣٤١

  11. بطلان الالتزام

    Principle 1775Commercial obligations and contracts are governed by the Civil Code in matters for which no provision is made in the Commercial Code. Example concerning periodically recurring rights. - 341 - Obligation Invalidity of theCivil Matters — Volume 11 · Source page ٣٤١

  12. - بالوفاء

    Principle 1776Absence or unlawfulness of the concealed cause. Its implication. Nullity of the obligation. - A lawful cause is presumed for the obligation when evidence to the contrary is established, and the burden of proving the abseCivil Matters — Volume 11 · Source page ٣٤٢
  13. Principle 1777A stipulation in the agreement concerning an obligation to do an act requiring the debtor to perform the obligation personally, or such a requirement arising from the nature of the debt. Effect thereof. The creditor may Civil Matters — Volume 11 · Source page ٣٤٢
  14. Principle 1778The express wording of the discharge acknowledging the appellant’s receipt of all his employment entitlements. His reopening any part of the account that resulted in those discharges. Inadmissible. The rationale thereforCivil Matters — Volume 11 · Source page ٣٤٢
  15. Principle 1779A cheque is, in principle, an instrument for payment of an existing debt. The drawer’s allegation to the contrary. The burden of proving his allegation falls upon him.Civil Matters — Volume 11 · Source page ٣٤٢
  16. Principle 1780Payment of a debt by cheque is conditional upon collection of the cheque’s value. - The general rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right evidCivil Matters — Volume 11 · Source page ٣٤٢
  17. Principle 1782The requirement to perform an obligation in foreign currency. Its condition. The contract contains an express clause to that effect. Absence thereof. Its effect. Payment must be made in Kuwaiti currency.Civil Matters — Volume 11 · Source page ٣٤٣
  18. Principle 1783A valid discharge issued by the worker. Conclusive as to his receipt of all his entitlements. Evidence against him. Its repudiation or release from it. Impermissible.Civil Matters — Volume 11 · Source page ٣٤٣
  19. Principle 1785Payment of the debt is made to the creditor or his representative. The creditor’s ratification of payment made to a third party validates that payment retroactively from the date of payment. The burden of proving this raCivil Matters — Volume 11 · Source page ٣٤٣
  20. Principle 1786The general rule is that performance of an obligation to pay a sum of money must be in the national currency unless payment in foreign currency is agreed upon.Civil Matters — Volume 11 · Source page ٣٤٣
  21. Principle 1787A letter of guarantee. Its nature. An undertaking by the bank, at its customer’s request, to pay a specified amount to the beneficiary whenever the latter demands it within the period specified therein. The independence Civil Matters — Volume 11 · Source page ٣٤٣
  22. Principle 1789The Public Institution for Social Security is the authority entrusted with paying the value of the more favorable benefit, rather than the employer. This is not dependent on the latter’s fulfillment of his obligation towCivil Matters — Volume 11 · Source page ٣٤٤
  23. Principle 1790Payment in Kuwaiti currency in an obligation to pay a sum of money, unless another currency is agreed upon. Its application to domestic and foreign transactions.Civil Matters — Volume 11 · Source page ٣٤٤
  24. Principle 1791Transfer of debt. Its effect. Validity of payment to someone other than the creditor - its prerequisite is fulfillment of the conditions of management of another's affairs without mandate.Civil Matters — Volume 11 · Source page ٣٤٤
  25. Principle 1792The direct action and preferential right established for the subcontractor against the main contractor. Their limits: what is due to the main contractor from the employer. The condition for this: that he owes the main coCivil Matters — Volume 11 · Source page ٣٤٤
  26. Principle 1793The general rule for obligations to pay a sum of money is that payment shall be in Kuwaiti currency. The exception. An agreement to pay in a foreign currency. Payment must be made in that currency.Civil Matters — Volume 11 · Source page ٣٤٤
  27. Principle 1794A person other than the debtor may perform the debtor’s obligation without his knowledge or will. Its scope, effect, and conditions. The payer’s revocation of this payment or release from it and recovery. Its condition.Civil Matters — Volume 11 · Source page ٣٤٤
  28. Principle 1795Deposit of the debt after making an actual tender to the creditor. When it takes the place of payment discharging liability. - 344 - ObligationCivil Matters — Volume 11 · Source page ٣٤٤
  29. Principle 1796Discharge by the debtor through tender to the creditor during the hearing. Restricted to monetary debts and no others. An example concerning a cheque. - Merely drawing a cheque does not discharge its drawer, nor does it Civil Matters — Volume 11 · Source page ٣٤٥
  30. Principle 1797Payment in foreign currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174, Civil Code. Issuance of an Amiri Order on 3/8/1990 contradicting that. It has no effect on the perCivil Matters — Volume 11 · Source page ٣٤٥
  31. Principle 1798A change in the currency exchange rate, upward or downward, at the time of payment from that prevailing at the time of the agreement fixing its amount. Its effect. The debtor’s obligation remains for the same amount specCivil Matters — Volume 11 · Source page ٣٤٥
  32. Principle 1799The subcontractor’s direct action against the employer to claim what is owed to him by the principal contractor. Its limits. - Payment by the employer discharging his liability toward the principal contractor. Its conditCivil Matters — Volume 11 · Source page ٣٤٥
  33. Principle 1801Discharge of an obligation in foreign currency during the invasion period. Permissible. Its condition. Agreement to that effect when the obligation arose or when it was performed. Example.Civil Matters — Volume 11 · Source page ٣٤٥
  34. Principle 1802The contracting parties' agreement, upon conclusion or performance of the contract, that the obligation is to be discharged in foreign currency. Permissible. It does not violate the Amiri Order issued on 3/8/1990. The reCivil Matters — Volume 11 · Source page ٣٤٥
  35. Principle 1803The judgment giving the appellant the choice of paying the insurance sum awarded in US dollars or its equivalent in Kuwaiti dinars, that is, payment in either currency. The objection that the papers contain no statement Civil Matters — Volume 11 · Source page ٣٤٥
  36. Principle 1804A travel ban order remains effective until the debt is extinguished by payment or release. The exception: the debtor deposits in the treasury of the Enforcement Department a sum of money equal to the debt and its accessoCivil Matters — Volume 11 · Source page ٣٤٦
  37. Principle 1805Performance by providing the very thing due is the general rule. The exception. The creditor's consent to performance otherwise. Its effect. The debtor may perform accordingly and is thereby discharged from the debt. - TCivil Matters — Volume 11 · Source page ٣٤٦
  38. Principle 1806Article Five of the Amiri Order issued on 3/8/1990 does not include any repeal of the established permissibility of agreeing to discharge an obligation in foreign currency.Civil Matters — Volume 11 · Source page ٣٤٦
  39. Principle 1807The provisions and rules concerning collection of purchased debts. Their nature and purpose. Law 41 of 1993. - The bank acting on behalf of the State demands the debt installments from the debtor and takes enforcement meCivil Matters — Volume 11 · Source page ٣٤٦
  40. Principle 1808Performance of the debtor’s obligation. It may be undertaken by another, even without his knowledge or against his will, if the obligation does not require the debtor’s personal intervention for its performance. A judgmeCivil Matters — Volume 11 · Source page ٣٤٦
  41. Principle 1809The cheque. Its nature. An instrument of payment whose cause is payment of a debt due to the person in whose favor it was drawn or to whom it passed, unless the drawer alleges otherwise and proves that the cause is diffeCivil Matters — Volume 11 · Source page ٣٤٧
  42. Principle 1810A cheque is an instrument of payment. Drawing it does not discharge its drawer, and the drawer’s obligation is extinguished only by payment of its value. Rationale thereof. It is payment conditional upon collection. - MaCivil Matters — Volume 11 · Source page ٣٤٧
  43. Principle 1811Performance of a natural obligation. Its condition. The debtor must be aware of its nature and his intention must be directed towards performing it.Civil Matters — Volume 11 · Source page ٣٤٧
  44. Principle 1812Performance of an obligation. Permissible by someone other than the debtor, even without the debtor’s knowledge or against his will. The debtor’s objection thereto and notification of the creditor thereof. The creditor mCivil Matters — Volume 11 · Source page ٣٤٧
  45. Principle 1813Payment of a debt to someone other than the creditor. Its effect. The debtor is not discharged unless the creditor ratifies that payment.Civil Matters — Volume 11 · Source page ٣٤٧
  46. Principle 1814Actual tender of a debt that cannot be delivered to the creditor at the creditor's domicile or workplace, or cannot be transported except - 347 - Obligation with difficulty. It is effected by the debtor calling upon the Civil Matters — Volume 11 · Source page ٣٤٧
  47. Principle 1815The general rule regarding payment of rent is that it be made with the creditor’s consent. It may be deposited in a current account of the creditor at a bank, provided that the payer bears the consequences of an error inCivil Matters — Volume 11 · Source page
  48. Principle 1816A cheque. Its status as an instrument of payment. Merely drawing it and delivering it to the beneficiary does not in itself constitute payment discharging the drawer, nor is his obligation for its value extinguished unleCivil Matters — Volume 11 · Source page
  49. Principle 1817Whoever pays the debt. His right to be subrogated to the creditor whose entitlement has been satisfied. When this applies. Art. 394/a, Civil Code.Civil Matters — Volume 11 · Source page
  50. Principle 1818Payment discharging liability. Its validity requires that it be made to the creditor or his representative. Its being made to someone other than either of them. The creditor must ratify this payment, derive a benefit froCivil Matters — Volume 11 · Source page
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