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

Search this collection

  1. التعويض عن التعسف في استعمال الحق

    Principle 207Reporting crimes. A duty imposed on individuals. Holding the informant liable for compensation. Its criterion. Intent to act maliciously and harm the person reported against, or submitting the report without deliberationCivil Matters — Volume 11 · Source page ٤٩
  2. Principle 209Recourse to the courts is a public right available to all. Diverting it from the purpose for which it was established and using it maliciously to harm others. The consequence. Liability for compensation. Assessment of itCivil Matters — Volume 11 · Source page ٤٩
  3. Principle 210Reporting crimes. A lawful right for everyone exercising it within the limits of the law. False reporting. Its effect. Compensation for damage suffered by the person reported against. Its condition. The reporting person Civil Matters — Volume 11 · Source page ٤٩
  4. Principle 211Exercise of a right. The general rule is that it is lawful. The exception. Its departure from the bounds of lawfulness. - Reporting crimes. A right and duty of individuals. Refraining from performing it. Subjects them toCivil Matters — Volume 11 · Source page ٥٠
  5. Principle 212Reporting crimes. A right conferred on individuals, which they exercise within the limits of the law. Its effect: they are not liable for compensation merely because the report is false and causes harm to the person repoCivil Matters — Volume 11 · Source page ٥٠
  6. Principle 213The rights of litigation and defence. Rights permissible to all. A person resorting to the courts to assert or defend his right is not liable. A person resorting to the courts departing from his right with the aim of harCivil Matters — Volume 11 · Source page ٥٠
  7. Principle 214The rule is that the holder of a right is not liable for harm to others caused by the exercise of his right. Reason therefor. Exercise of that right does not give rise to liability unless intended maliciously or oppressiCivil Matters — Volume 11 · Source page ٥٠
  8. Principle 215Reporting crimes. A right of individuals which they may exercise within the limits of the law. The report's inaccuracy. Insufficient to hold the reporting person liable for compensation. It must be established that he knCivil Matters — Volume 11 · Source page ٥١
  9. Principle 216The prerequisite for liability to compensate for damage is the occurrence of fault. The right-holder's exercise of his right to obtain the legitimate benefit that the right affords him. No fault. This exercise's departurCivil Matters — Volume 11 · Source page ٥١
  10. Principle 217Reporting crimes is among the rights granted to individuals, exercised within the bounds of the law. Its implication. A person exercising it is not liable for compensation merely because his report is false and causes haCivil Matters — Volume 11 · Source page ٥١
  11. Principle 218Fault giving rise to liability for compensation. Established by departure from customary conduct and the ordinary person's obligation not to harm others in circumstances similar to those surrounding the person to whom faCivil Matters — Volume 11 · Source page ٥١
  12. Principle 219Requirements for enforcement of judgments. Among them is that the person against whom enforcement is directed must be the judgment debtor. Verification of the identity of the person against whom enforcement is pursued. FCivil Matters — Volume 11 · Source page ٥٢
  13. Principle 220Lawful exercise of a right does not entail liability for damage arising therefrom. The reason: liability to compensate damage depends upon fault occurring as a result of exercising that right outside the sphere of lawfulCivil Matters — Volume 11 · Source page ٥٢

  14. التعويض عن الكيد في التقاضي

    Principle 221The exercise of a right cannot give rise to censure or entail liability. Its limit: that it was not intended maliciously or obstinately, or attended by any form of negligence or fault. The rationale therefor. - DeviatingCivil Matters — Volume 11 · Source page ٥٢
  15. Principle 222A claim for compensation for malicious litigation made for the first time before the court hearing the challenge. Its prerequisite. - Compensation for damage arising from initially bringing the action. It must be sought Civil Matters — Volume 11 · Source page ٥٣
  16. Principle 223The prerequisite for admitting a claim for compensation for malice in litigation for the first time before the court hearing the challenge. The basis of the claim must rest on malice in the challenge itself or in the manCivil Matters — Volume 11 · Source page ٥٣
  17. Principle 224The right of recourse to the courts. Available to all. No abuse of this right with the aim of harming the opponent. An example.Civil Matters — Volume 11 · Source page ٥٣
  18. Principle 225An action for compensation for malicious intent. Multiplicity of the malicious actions on which it is based. Its effect: recourse must be had to the general rules in the Code of Procedure to determine the court competentCivil Matters — Volume 11 · Source page ٥٣
  19. Principle 226Reporting crimes is a right of individuals and a duty incumbent upon them. Their failure to do so results in their being subject to punishment. Article 14 of the Criminal Procedure and Trials Law. - Holding the reportingCivil Matters — Volume 11 · Source page ٥٣
  20. Principle 227Enforcement of judgments. Among its requirements. The person against whom enforcement is directed must be the judgment debtor. Verification of the identity of the person against whom enforcement is sought. Falls upon theCivil Matters — Volume 11 · Source page ٥٣
  21. Principle 228The right to litigate and defend. Among the guaranteed rights. Condition thereof: not diverting it from the purpose for which it was established and using it as a means of obstinacy in litigation, harassment and malice tCivil Matters — Volume 11 · Source page ٥٤
  22. Principle 229An award of compensation for damage from vexatious litigation. Its prerequisite. That the appeal or the manner in which the litigant conducts his defence in the appeal was intended to vex. Article 135 of the Code of CiviCivil Matters — Volume 11 · Source page ٥٤
  23. Principle 230Assessing the existence or absence of malicious intent, intent to cause harm and lack of deliberation in reporting. Matters of fact which the court of merits alone infers from what is submitted to it in the action, from Civil Matters — Volume 11 · Source page ٥٤

  24. التعويض عن المنافسة التجارية غير المشروعة

    Principle 232Reporting crimes. A lawful right for everyone exercising it within the limits of the law. Art. 14 of the Criminal Procedure and Trials Law. Its effect. The reporting person is not liable in compensation merely because hiCivil Matters — Volume 11 · Source page ٥٥
  25. Principle 233Use of a trade name by someone other than its owner in a manner contrary to law. Unfair competition. Interested parties may seek prohibition of its use, its deletion from the commercial register and compensation where waCivil Matters — Volume 11 · Source page ٥٥

  26. التعويض عن جرائم النشر

    Principle 234Unfair competition. Constitutes a tortious act. The effect thereof. Its perpetrator's liability for compensation for the damage resulting therefrom. Article 227 Civil Code. Compensation for publication offences:Civil Matters — Volume 11 · Source page ٥٥
  27. Principle 235Permissible publication is that which does not contain anything offending public morals or infringing persons' dignity or personal freedoms. The effect of its exceeding this limit. Holding the person responsible accountaCivil Matters — Volume 11 · Source page ٥٥
  28. Principle 236The offence of insult through publication in newspapers. Its subjection to the procedural rules contained in the Printing and Publishing Law, including an action for compensation therefor. - 55 - ObligationCivil Matters — Volume 11 · Source page ٥٥
  29. Principle 237The misdemeanour of insult through publication. The criminal action and the compensation action arising therefrom must be brought within three months from the date of publication. The basis thereof. Law 3 of 1961. Its efCivil Matters — Volume 11 · Source page ٥٦
  30. Principle 238Publication offences. An action for compensation for them is time-barred upon the lapse of three months from the date of publication unless circumstances of force majeure prevented its institution.Civil Matters — Volume 11 · Source page ٥٦

  31. التعويض في حالتي العفو والرد

    Principle 239The three-month period prescribed in the third paragraph of Article 33 of the former Publications and Publishing Law No. 3 of 1961, within which the compensation action must be brought. A forfeiture period. It must be obCivil Matters — Volume 11 · Source page ٥٦
  32. Principle 240A judgment ordering restitution. What is meant thereby. Civil compensation awarded to the victim without the need for him to bring a civil claim in the criminal proceedings. - The victim has an interest and standing in eCivil Matters — Volume 11 · Source page ٥٦
  33. Principle 241Pardon of penalties prescribed by Amiri Decree No. 39 of 1991. It extends to criminal penalties, not civil compensation.Civil Matters — Volume 11 · Source page ٥٧

  34. التعويض عن الإثراء بلا سبب - الأداء المعادل

    Principle 242A comprehensive Amiri amnesty for the offence. Equivalent to a judgment of acquittal. Article 238 of the Criminal Procedure Code. A comprehensive amnesty does not preclude a claim for civil compensation. - The challengedCivil Matters — Volume 11 · Source page ٥٧
  35. Principle 243Nullity of a contract concluded by a non-Kuwaiti for engaging in commerce in Kuwait does not prevent him from claiming his rights on a basis other than the contract. An example of a claim for equivalent performance on thCivil Matters — Volume 11 · Source page ٥٧
  36. Principle 244Nullity or annulment of a contract. Its effect. Extinguishing it retroactively to the time of its conclusion and treating its performance as though it had not occurred, while restoring the contracting parties to their poCivil Matters — Volume 11 · Source page ٥٧
  37. Principle 245Nullity extinguishes the contract retroactively to the time of its conclusion. The effect thereof. - Impossibility for a contracting party to make restitution to the other upon nullity of the contract. The judge may obliCivil Matters — Volume 11 · Source page ٥٧
  38. Principle 246Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied at the time of the contract. Impossibility of this. Its consequence is that the judge may require equivalentCivil Matters — Volume 11 · Source page ٥٨
  39. Principle 247A judicial claim. Its nature. Its effect. Defining the scope of the action for the judge and the parties. Its implication. - New claims on appeal. What is not regarded as such. An example concerning a claim for equivalenCivil Matters — Volume 11 · Source page ٥٨
  40. Principle 248Awarding equivalent performance upon the nullity of a contract. Its prerequisite. That the litigant invoke it. Example.Civil Matters — Volume 11 · Source page ٥٨
  41. Principle 249Nullity of the contract. Its effect. Restoring the contracting parties to the position they were in at the time of the contract. Impossibility thereof. Its implication: the judge may order equivalent performance. The reaCivil Matters — Volume 11 · Source page ٥٨
  42. Principle 250The court of merits must adhere to the litigants’ claims and their legal basis. Implication: it may not change the cause of action of its own motion. Example concerning the invalidity of a contract because it was undertaCivil Matters — Volume 11 · Source page ٥٨
  43. Principle 251Nullity of a commercial contract concluded by a non-Kuwaiti in violation of the prescribed prohibition. It does not affect his claiming his rights on another legal basis, even on appeal. - Equivalent performance. It may Civil Matters — Volume 11 · Source page ٥٨
  44. Principle 252The nullity or annulment of a contract. Its import. Its extinction retroactive to the time of its conclusion. The consequence thereof: restoring the contracting parties to their positions at the time of the contract, if Civil Matters — Volume 11 · Source page ٥٨
  45. Principle 253A non-Kuwaiti engaging in trade alone. Its effect. Nullity of the contract. Its necessary consequence. Restoring the contracting parties to the position they were in at the time of the contract. Impossibility thereof. ItCivil Matters — Volume 11 · Source page ٥٩
  46. Principle 254A claim for equivalent performance because of the nullity of the contract. A means of defence. Its implication. The court must adopt what accords with the facts of the action without this constituting a change to its cauCivil Matters — Volume 11 · Source page ٥٩
  47. Principle 255The obligation of equivalent performance. Its source is unjust enrichment. - Establishing fault on the part of the contracting party required to make restitution or equivalent performance upon nullity of the contract. IsCivil Matters — Volume 11 · Source page ٥٩
  48. Principle 256An appeal transfers the case to the Court of Appeal with its factual elements and legal evidence, solely within the limits of what has been appealed. With the original claim remaining unchanged, addition of a new ground.Civil Matters — Volume 11 · Source page ٥٩
  49. Principle 257The requirement of interest is the basis for admissibility of an appeal. Its absence in a ground of challenge. Its implication is that it is ineffective and inadmissible. An example concerning the nullity of a lease and Civil Matters — Volume 11 · Source page ٥٩
  50. Principle 258Annulment or nullity of the contract. Its effect. Restoring the contracting parties to the position they were in when contracting. Impossibility thereof. Permissibility of ordering equivalent performance. Article 187, CiCivil Matters — Volume 11 · Source page ٥٩
PreviousPage 5 of 83Next