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. - التقادم الطويل

    Principle 2209The agent’s completion of performance of the agency. He must submit to the principal a detailed account encompassing all agency activities, supported by documents. This obligation falls upon the agent. It is time-barred Civil Matters — Volume 11 · Source page ٤٢٧
  2. Principle 2210Abandonment barring the hearing of an action while the Majalla of Judicial Rules was in force. Its nature. Merely leaving or neglecting the property and exercising no right over it, without anyone interfering with it or Civil Matters — Volume 11 · Source page ٤٢٧
  3. Principle 2211State ownership of every immovable property having no owner. Art. 878, Civil Code. Its application to land that no individual had previously owned before the date this Code came into force through any means of acquiring Civil Matters — Volume 11 · Source page ٤٢٧
  4. Principle 2213An action for unjust enrichment. When it is time-barred. Article 263 of the Civil Code. - The running of prescription for an unjust enrichment action. Its commencement. Upon the injured person’s actual knowledge concerniCivil Matters — Volume 11 · Source page ٤٢٧
  5. Principle 2214Abandonment of property entailing the barring of an action from being heard under the Majalla of Judicial Provisions. Its nature. Merely leaving and neglecting the property and exercising no right over it, however long tCivil Matters — Volume 11 · Source page ٤٢٨
  6. Principle 2215Issuance of a final judgment establishing a right and its acquisition of res judicata force. Effect thereof. That right becomes time-barred after fifteen years, whatever its limitation period. - A judgment awarding proviCivil Matters — Volume 11 · Source page ٤٢٨
  7. Principle 2216Possession of real property satisfying its legal requirements for 15 years. Its being deemed a legal presumption of the possessor's ownership. A successor may add the duration of the predecessor's possession of the real Civil Matters — Volume 11 · Source page ٤٢٨
  8. Principle 2217An action arising from management of another's affairs without mandate. Becomes time-barred upon the lapse of 3 years from the day of knowledge that the right has arisen, or 15 years from the day on which it arises. ArtiCivil Matters — Volume 11 · Source page ٤٢٨
  9. Principle 2218Diyah payments and their portions. Their determination in accordance with the provisions of Islamic Sharia. Its consequence. Recourse must be had thereto to ascertain the cases of entitlement to diyah and the possibilityCivil Matters — Volume 11 · Source page ٤٢٩
  10. Principle 2219The seller's nonperformance of his contractual obligation to transfer ownership of the sold real property to the buyer where he does not own it or part of it. Breach of a contractual obligation. Its effect. The buyer's rCivil Matters — Volume 11 · Source page ٤٢٩
  11. Principle 2220The subrogation action brought by the insurer against the third party liable for the accident. Is not considered to arise from the insurance contract and is not subject to the three-year limitation period under Article 8Civil Matters — Volume 11 · Source page ٤٣٠

  12. - التقادم العشري

    Principle 2221Prescription as a ground for extinguishing personal rights that have remained unsatisfied for a period. Its adoption by the legislature. Its reasons. Respect for settled situations or reliance on the presumption of paymeCivil Matters — Volume 11 · Source page ٤٣٠
  13. Principle 2222An action concerning a private road. The period required to bar its hearing. It varies according to the road claimed and whether it lies on land privately owned by individuals or on Amiri land. 15 years in the first caseCivil Matters — Volume 11 · Source page ٤٣١
  14. Principle 2223Merchants’ obligations towards one another arising from their commercial activities are prescribed upon the lapse of ten years from the date fixed for performance of the obligation. Example.Civil Matters — Volume 11 · Source page ٤٣١
  15. Principle 2224Merchants' obligations toward one another relating to their commercial activities have a limitation period of ten years.Civil Matters — Volume 11 · Source page ٤٣١
  16. Principle 2225Traders' obligations to one another relating to their commercial activities become time-barred upon the lapse of ten years from the due date.Civil Matters — Volume 11 · Source page ٤٣١
  17. Principle 2226The 10-year limitation period is the general rule for commercial obligations, except in cases for which a special provision prescribes a shorter limitation period.Civil Matters — Volume 11 · Source page ٤٣١
  18. Principle 2227Merchants' obligations relating to their commercial activities. Become time-barred after 10 years from the date on which performance of the obligation falls due. - Ordinary limitation applies to activities lacking a commCivil Matters — Volume 11 · Source page ٤٣١
  19. Principle 2228Traders' obligations towards one another. Their limitation. Its period is 10 years. - In an assignment of a right, the right passes to the assignee with its characteristics, accessories, securities and defences against iCivil Matters — Volume 11 · Source page ٤٣١
  20. Principle 2229The provision of Article 20 of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. Its implication. The competent judicial authority in the State in which recognitiCivil Matters — Volume 11 · Source page ٤٣٢
  21. Principle 2230Merchants' obligations towards one another relating to their commercial activities. They are time-barred upon the lapse of ten years. Art. 118/1 of the Commercial Code. - The period prescribed for barring the hearing of Civil Matters — Volume 11 · Source page ٤٣٢
  22. Principle 2231Merchants’ obligations towards one another relating to their business. Their limitation. Its period is ten years.Civil Matters — Volume 11 · Source page ٤٣٢
  23. Principle 2232A debt entered in a current account is not subject to the prescription governing it before its entry in the current account, but is subject to the prescription prescribed for the balance. The challenged judgment's contraCivil Matters — Volume 11 · Source page ٤٣٢
  24. Principle 2233The absence from the Riyadh Arab Agreement for Judicial Cooperation of a provision governing the lapse of judgments. Its effect. The provision of Article 118 of the Commercial Code must be applied in relation to limitatiCivil Matters — Volume 11 · Source page ٤٣٣

  25. - التقادم الخمسي

    Principle 2234Merchants’ obligations towards one another relating to their commercial business. They are time-barred after ten years from the date performance of the obligation falls due. Its commencement is from the day the debt becoCivil Matters — Volume 11 · Source page ٤٣٣
  26. Principle 2235Lapse of the lawyer's right to claim fees from his client in the absence of a written instrument recording them, upon the expiry of five years from the date the work ends. Its basis. A presumption of payment when the insCivil Matters — Volume 11 · Source page ٤٣٣
  27. Principle 2236Limitation of the Government’s right to recover sums paid to an employee without entitlement. Its duration. Five years from the date of payment. This limitation is confined to sums paid without entitlement. It does not eCivil Matters — Volume 11 · Source page ٤٣٣
  28. Principle 2237Financial rights established for a public employee. They are time-barred after 1 year from the date of his knowledge, or 5 years from the date of entitlement, whichever period expires sooner. Contravention of this. An erCivil Matters — Volume 11 · Source page ٤٣٤
  29. Principle 2238Prescription of the rights of members of the liberal professions, including brokers. Its period. Five years. The basis of this prescription. The presumption of payment. - A broker’s obtaining from the contracting party, Civil Matters — Volume 11 · Source page ٤٣٤
  30. Principle 2239The five-year limitation period applicable to recurring periodic rights. Its prerequisite. The obligation must recur and fall due at periodic intervals, and the right must by its nature be continuous and uninterrupted. CCivil Matters — Volume 11 · Source page ٤٣٤
  31. Principle 2240Workers’ wages are subject both to the five-year prescription provided for in the Civil Code and to the one-year prescription provided for in the Labour Law. The judgment’s application of the one-year prescription alone.Civil Matters — Volume 11 · Source page ٤٣٤
  32. Principle 2241The employee's lack of entitlement to salaries, allowances or employment benefits during his absence from work. Effect thereof. When the administration reinstates the absent employee without exercising its option to deemCivil Matters — Volume 11 · Source page ٤٣٤
  33. Principle 2242The criterion for a broker’s entitlement to his remuneration: conclusion of the contract as a result of his mediation. - An action claiming the broker’s remuneration is not heard upon denial after five years have elapsedCivil Matters — Volume 11 · Source page ٤٣٤
  34. Principle 2243A joint-stock company may bring a liability action against the chairman and members of the board of directors. The cases thereof. The limitation period for this action. Five years. Commencement of the calculation of thisCivil Matters — Volume 11 · Source page ٤٣٥
  35. Principle 2244Income tax. Its prescription begins to run on the day following the date on which the legislature required the taxpayer to submit to the Tax Director a statement of the income tax due from him. - Commencement of income tCivil Matters — Volume 11 · Source page ٤٣٥
  36. Principle 2245Commencement of the income-tax limitation period under the former Commercial Law and its non-completion before the entry into force of the new Civil Code, which extended its duration from 3 to 5 years. Effect thereof. ExCivil Matters — Volume 11 · Source page ٤٣٥
  37. Principle 2246Taxes and fees due to the State. Their prescription upon the lapse of five years from their due date. Article 441, Civil Code.Civil Matters — Volume 11 · Source page ٤٣٥
  38. Principle 2249Judicial fees are a type of fee due to the State. They become time-barred after 5 years from the date of issuance of the judgment in the action in respect of which they became due. The judgment's adherence to this view aCivil Matters — Volume 11 · Source page ٤٣٦
  39. Principle 2251Amounts owed by the government to individuals and paid to it as customs tax or a fee pursuant to the provisions of Law 13 of 1980. Time-barred upon the lapse of 5 years from the payment date. An example. - Determining thCivil Matters — Volume 11 · Source page ٤٣٦
  40. Principle 2252Customs tax and the fees relating thereto. They are time-barred upon the lapse of five years from the date of arrival of the goods in respect of which the tax is due in Kuwaiti territories. Amounts due to individuals in Civil Matters — Volume 11 · Source page ٤٣٦
  41. Principle 2253An employee's right to claim his financial entitlements is prescribed upon the lapse of one year from the date of his knowledge of those entitlements or five years from the date they fall due, whichever period expires soCivil Matters — Volume 11 · Source page ٤٣٦
  42. Principle 2254The employee's right to claim his prescribed financial entitlements. Is time-barred upon the expiry of 1 year from the date of his knowledge of those entitlements or 5 years from the date they fall due, whichever period Civil Matters — Volume 11 · Source page ٤٣٦
  43. Principle 2255Lawyer’s fees. They are time-barred after five years from the completion of his work where there is no instrument evidencing them and he remains silent about claiming them. The basis thereof is the presumption of paymentCivil Matters — Volume 11 · Source page ٤٣٧
  44. Principle 2256Five-year limitation. Its application. To periodically recurring rights. Yield owed by a possessor in bad faith. It is not one of these rights. The effect: the claim thereto lapses upon the passage of fifteen years.Civil Matters — Volume 11 · Source page ٤٣٧
  45. Principle 2257The employee’s right to claim the financial entitlements prescribed for him. It is time-barred upon the lapse of five years from the due date or one year from the date he learns of them, whichever period expires sooner. Civil Matters — Volume 11 · Source page
  46. Principle 2258Fees due to the State. An action claiming them is time-barred upon the lapse of five years from the end of the year in which they fall due. Article 441/1, Civil Code. - Annual telephone subscriptions and charges for inteCivil Matters — Volume 11 · Source page
  47. Principle 2259The employee's right to claim his prescribed financial entitlements. Its prescription upon the expiry of five years from the date of entitlement or one year from the date he becomes aware of them, whichever period expireCivil Matters — Volume 11 · Source page
  48. Principle 2260The Government’s right to recover what it paid to an employee without entitlement. Is prescribed after five years from the date of disbursement unless the employee committed fraud. In this case, prescription runs only frCivil Matters — Volume 11 · Source page
  49. Principle 2262Lapse of an action for liability for a lawful act upon the passage of three years from the day the injured party learns of the damage and the person responsible for it, or fifteen years from the occurrence of the unlawfuCivil Matters — Volume 11 · Source page
  50. Principle 2263The period barring an action for liability for an unlawful act. Three years from the injured party’s knowledge of the damage and the person responsible for it, or fifteen years from the occurrence of the unlawful act, whCivil Matters — Volume 11 · Source page
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