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. - الالتزام بضمان الوصف

    Principle 2814A defect diminishing the value or utility of the thing sold according to its intended purpose. The effect of its existence. The seller's obligation under the warranty. An example of a material attribute in machines. - 54Civil Matters — Volume 11 · Source page 546
  2. Principle 2815Difference in the kind of goods agreed upon with the seller. The reference in this respect is the agreement concluded between the parties or commercial custom. - The Commercial Code's provisions on commercial sales contaCivil Matters — Volume 11 · Source page 547
  3. Principle 2816The seller’s guarantee to the purchaser that the real property sold will yield a specified amount of profit constitutes a warranty by him of an attribute of the thing sold, for whose absence he is liable. The basis thereCivil Matters — Volume 11 · Source page 547
  4. Principle 2817A contracting party may seek annulment of the contract if he made a mistake that induced him to consent to the contract. Assessment of whether the contracting party made a mistake. A matter of fact. Example concerning thCivil Matters — Volume 11 · Source page 547

  5. - الالتزام بحق المشتري في التعويض عن نزع الملكية

    Principle 2818The seller’s obligation to deliver the thing sold with the description agreed upon in the contract. Absence of that description. The buyer has the option of rescinding the contract or maintaining it, with compensation inCivil Matters — Volume 11 · Source page 547
  6. Principle 2819Compensation for expropriation is paid to owners and holders of rights. Law 33 of 1964. - 547 - Sale - Enactment of Law No. 5 of 1959 concerning Real Estate Registration. Its effect on contracts of dispositions creating Civil Matters — Volume 11 · Source page 547
  7. Principle 2820The purchaser of real property is deemed a particular successor to the seller. The consequence: the former has the right to claim compensation for usurpation of the property. An example. - The Municipality's seizure of tCivil Matters — Volume 11 · Source page 548
  8. Principle 2821Compensation assessed for expropriated immovable property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over immovable property, including ownership. Civil Matters — Volume 11 · Source page 548

  9. - الالتزام بضمان عدم التعرض

    Principle 2823The seller's heirs. They cannot defeat the buyer's action by lapse of time. The basis thereof is their obligation to deliver and to warrant against interference.Civil Matters — Volume 11 · Source page 549
  10. Principle 2824Warranty against interference and eviction in commercial sales governed by the former Commercial Law. Governed exclusively by its provisions on contractual liability and performance by way of compensation.Civil Matters — Volume 11 · Source page 549
  11. Principle 2827The seller’s obligation to warrant against legal interference by third parties with the purchaser in respect of the thing sold, whether such interference arises at the time of sale or thereafter. Its effect. The purchaseCivil Matters — Volume 11 · Source page 549
  12. Principle 2828The seller’s obligation to warrant against interference with the buyer in respect of the thing sold. An obligation arising from a sale contract. Its effect. No physical or legal interference with the buyer. - Exercise ofCivil Matters — Volume 11 · Source page 550
  13. Principle 2829The seller’s obligation to warrant against third-party interference with the buyer based on a legal ground. Its cases: a third party’s assertion of a right over the thing sold that existed at the time of sale or arose afCivil Matters — Volume 11 · Source page 550
  14. Principle 2830The seller’s obligation to warrant against legal interference by third parties with the purchaser, whether such interference arose at the time of sale or thereafter. Its effect. The purchaser may recover the price from tCivil Matters — Volume 11 · Source page 550
  15. Principle 2833The absence from the papers of evidence of fault by the first respondent resulting in preventing the second appellant's possession of the chalet. His mere insistence on the invalidity of the assignment contract for duresCivil Matters — Volume 11 · Source page 550
  16. Principle 2834The seller’s obligation not to interfere with the purchaser. Indivisible by reason of the nature of its subject matter, namely refraining from an act.Civil Matters — Volume 11 · Source page 551

  17. الامتياز المقرر لبائع العقار

    Principle 2835The seller's obligation to warrant against interference with the buyer. A perpetual obligation arising from the sale contract upon its conclusion, even if it has not been registered. This obligation passes to the seller'Civil Matters — Volume 11 · Source page 551

  18. تسجيل عقد البيع

    Principle 2836The real property seller’s preferential lien over it for the price due to him. Following the property into any hands and satisfying his right in priority to other unsecured and lower-ranking creditors. Its condition. HisCivil Matters — Volume 11 · Source page 551
  19. Principle 2837Ownership of real estate does not pass, whether between the contracting parties or in relation to third parties, except by registration. Whether by registration of the contract or of the final judgment declaring its valiCivil Matters — Volume 11 · Source page 551
  20. Principle 2838The purchaser of real property under an unregistered contract is merely an ordinary creditor in respect of the personal obligations owed by the seller and arising from the sale contract. - 551 - SaleCivil Matters — Volume 11 · Source page 551
  21. Principle 2839Ownership of the sold real property does not pass to the purchaser except upon registration of the sale contract. The effect thereof.Civil Matters — Volume 11 · Source page 552
  22. Principle 2840The Registration and Notarisation Department. Its registration of a sale on the basis of a judgment whose reasons included a final ruling having the force of res judicata that the thing sold belongs to the applicant for Civil Matters — Volume 11 · Source page 552
  23. Principle 2842Ownership of immovable property. Its transfer by registration, whether between the contracting parties or in relation to third parties. The basis thereof. Article 7 of the Real Estate Registration Law. Failure to completCivil Matters — Volume 11 · Source page 552

  24. مشتري العقار خلف خاص للبائع

    Principle 2843The final contract, not the preliminary contract, is what settles relations between the parties. It alone becomes the law of the contracting parties from the date of its conclusion. The final sale contract’s omission of Civil Matters — Volume 11 · Source page 552
  25. Principle 2844The creditors of the contracting parties and their successors by particular title may invoke the real or simulated contract. Simulation may be proved by all means of proof if they elect to give effect to the real contracCivil Matters — Volume 11 · Source page 552
  26. Principle 2845Transfer of ownership of the insured thing to a particular successor. Its effect. - The owner of the new car causing an accident without holding a driving licence and before the vehicle’s registration is transferred to hCivil Matters — Volume 11 · Source page 553
  27. Principle 2848A judgment rendered against the deceased is not binding upon the heirs if they are exercising a right of their own and not a right received from the deceased. Example.Civil Matters — Volume 11 · Source page 553
  28. Principle 2849A successor may add the period of his possession of the immovable property to the period of his predecessor’s possession. Its purpose: completing the prescribed period for his possession to be considered evidence of owneCivil Matters — Volume 11 · Source page 553
  29. Principle 2851A judgment rendered against the seller concerning a dispute relating to the sold real property. Considered binding upon the purchaser so long as he has not registered his contract in relation to its issuance. Reason for Civil Matters — Volume 11 · Source page 554
  30. Principle 2852Judgments rendered against the predecessor are binding upon the successor concerning the right received from him. However, judgments rendered against a particular successor have no binding effect against the grantor of tCivil Matters — Volume 11 · Source page 554
  31. Principle 2853A void contract and a voidable contract. The effect of each in relation to a particular successor. Absolute nullity of a contract because it includes an amendment to a limited partnership agreement without embodying it iCivil Matters — Volume 11 · Source page 554
  32. Principle 2854Rescission of the contract. It may not be invoked against the particular successor of its contracting parties. The condition: that he acquired his right for consideration and is in good faith, unaware of the ground for rCivil Matters — Volume 11 · Source page 554
  33. Principle 2855A Kuwaiti's assignment of the licence of his commercial establishment to another Kuwaiti. Its effect. Neither nullity nor a violation of public policy; the licence is cancelled, and the assignee may request its renewal iCivil Matters — Volume 11 · Source page 554
  34. Principle 2856The employment contract. Its termination upon the cessation of the establishment or the transfer of its ownership by inheritance or any legal disposition to someone other than the employer. Its effect. The worker’s rightCivil Matters — Volume 11 · Source page 554
  35. Principle 2857Rights and obligations arising from the contract. Confined to its parties and their universal successors. - 554 - SaleCivil Matters — Volume 11 · Source page 554
  36. Principle 2858The law has recognised protection of a particular successor acting in good faith against the grave harm that annulment of the contract of the predecessor from whom the right was acquired might cause that successor. Its cCivil Matters — Volume 11 · Source page 555
  37. Principle 2859A judgment’s effect does not extend, nor does its res judicata authority extend, to a particular successor. The exception.Civil Matters — Volume 11 · Source page 555
  38. Principle 2860The good faith whose existence on the part of a particular successor is material to preventing the effect of rescission of the contract concluded with his predecessor from being invoked against him. Its criterion. His laCivil Matters — Volume 11 · Source page
  39. Principle 2861Ordinary creditors and creditors holding general preferential rights. They may not take individual proceedings against the debtor. They must submit an application to the bankruptcy administrator, who alone has authority Civil Matters — Volume 11 · Source page
  40. Principle 2862Termination of the employment contract upon the cessation of the establishment: its cases. Its effect: the worker’s right to claim his employment entitlements, including the end-of-service gratuity, arises. - The worker’Civil Matters — Volume 11 · Source page
  41. Principle 2863Annulment of the contract. May not be invoked against a particular successor who acquired his right for consideration and in good faith from the other contracting party. Confined to annulment of the contract, not its nulCivil Matters — Volume 11 · Source page
  42. Principle 2864Restriction of the effect of a contract to its parties, universal or particular successors, or creditors. Its implication. The rights and obligations arising therefrom extend only to its contracting parties. - CommercialCivil Matters — Volume 11 · Source page
  43. Principle 2865Contracts confer benefit or detriment only upon the contracting parties and their successors. Article 203 of the Civil Code. - 556 - Sale - Leasing the insured vehicle to another person who is not a party to the insurancCivil Matters — Volume 11 · Source page
  44. Principle 2866The rule that there is no estate until debts have been paid. Its implication. The estate is encumbered by an accessory right in rem entitling the creditor to pursue it and recover his debt from it in the hands of any heiCivil Matters — Volume 11 · Source page
  45. Principle 2867Termination of the employment contract upon the cessation of the establishment or the transfer of its ownership by inheritance or other legal dispositions. What follows therefrom: the worker’s right to claim labour entitCivil Matters — Volume 11 · Source page
  46. Principle 2868Transfer of ownership of the insured thing to a particular successor. Its effect. Transfer of the insurance contract with the thing to the successor by operation of law. The new owner of the thing becomes the insured in Civil Matters — Volume 11 · Source page
  47. Principle 2869Effect of a contract. Limited to its parties. The rights arising from it and the obligations generated by it extend only to its contracting parties and their universal successors. The parties to a contract may not imposeCivil Matters — Volume 11 · Source page
  48. Principle 2870State-owned industrial plots. They are not considered public property but are part of the State's private property and are subject to the provisions of private law. Consequence thereof. The exploitation of these plots unCivil Matters — Volume 11 · Source page
  49. Principle 2871Possession of immovable property satisfying its legal conditions for fifteen years. It is considered a legal presumption of the possessor's ownership. The successor may tack the period of his predecessor's possession of Civil Matters — Volume 11 · Source page
  50. Principle 2872Rescission of the contract may not be invoked against the particular successor of either contracting party where he acquired his right for consideration and in good faith, in that, at the time of the disposition, he did Civil Matters — Volume 11 · Source page
PreviousPage 51 of 83Next