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

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  1. مشتري العقار خلف خاص للبائع

    Principle 2873The allottee's relinquishment of the industrial plot. Its implication: termination of the first operator's contract and consequently termination of the sub-investment contract granted by him. Reason therefor: the latter Civil Matters — Volume 11 · Source page 558
  2. Principle 2875The provision in Article 202 of the Civil Code for transfer of obligations connected with property to a particular successor. Its scope of application is the predecessor’s obligations connected with the property forming Civil Matters — Volume 11 · Source page 558
  3. Principle 2876The effect of a contract. It extends only to its contracting parties and their universal successors. Dealing with a business as an entity regarded by reference to its trade name without ascertaining the identity of its oCivil Matters — Volume 11 · Source page 559

  4. خلافة عامة وخلافة خاصة

    Principle 2877The appellant’s reliance on his agreement with the previous female owner that she would be obligated and liable for debts predating her transfer of the establishment, including the debt in dispute, and that the agreementCivil Matters — Volume 11 · Source page 559

  5. - الالتزام بسداد الثمن

    Principle 2878Determination of the principal liable for the subordinate's fault. The relevant time is when the right to compensation arises. The subordinate's transfer to the supervision and direction of another principal does not altCivil Matters — Volume 11 · Source page 559
  6. Principle 2880Documentary credit. Its nature. This contract is independent of the contract by reason of which the credit was opened. Opening a documentary credit may be a means of settling the price between seller and purchaser in accCivil Matters — Volume 11 · Source page 560
  7. Principle 2881Completion of the sale. Its effect. The price is deemed due for payment unless an agreement or custom provides otherwise.Civil Matters — Volume 11 · Source page 560

  8. بيع الأسهم

    Principle 2882The price is an essential element of a sale. It must be specified or determinable for the sale to be concluded. It suffices to state valid bases for its assessment or to make it determinable by stating them, or to authorCivil Matters — Volume 11 · Source page 560
  9. Principle 2883Registered shares. When ownership thereof is established and how they are transferred. The reason for this. Protection of the company and third parties against multiple dispositions of a single share.Civil Matters — Volume 11 · Source page 561

  10. بيع المحل التجاري (بيع المتجر)

    Principle 2884The shareholder in a joint-stock company. His right is in the nature of a right of ownership. He may pay one-fifth of the price of the shares upon subscription and pay the remainder within five years from the date of theCivil Matters — Volume 11 · Source page 561
  11. Principle 2886The tangible and intangible components of a business. - When a contract may be considered a sale of a commercial establishment. The purchaser of the commercial establishment must carry on the same activity that the selleCivil Matters — Volume 11 · Source page 561
  12. Principle 2887Determining whether the components of the business to which the sale related are essential components of the commercial establishment such as to make its sale a sale of a commercial establishment, or merely non-essentialCivil Matters — Volume 11 · Source page 561
  13. Principle 2888A contract for the sale of a commercial establishment need not include all its necessary elements or be made by the owner of the immovable property or the operator of the plot. It is sufficient that it includes the essenCivil Matters — Volume 11 · Source page 562
  14. Principle 2889A commercial establishment. Its definition. Its elements. Tangible and intangible. - Official form is an essential element in the formation of a sale of a commercial establishment. The sanction for its absence is nullityCivil Matters — Volume 11 · Source page 562
  15. Principle 2890The elements of a business establishment and its tangible and intangible components. Those necessary for its constitution. - The element of customer connections. Indispensable to the existence of the business establishmeCivil Matters — Volume 11 · Source page 562
  16. Principle 2891The reputation of a commercial establishment. Its elements and their combined effect on attracting customers. - The licence and building are among the tangible elements of the business. Leasing it with its tangible and iCivil Matters — Volume 11 · Source page 562
  17. Principle 2892A contract containing a sale of a commercial establishment. Failure to embody it in an official instrument. The sale is null. The nullity does not extend to the licence for the establishment so long as it was effected thCivil Matters — Volume 11 · Source page 562
  18. Principle 2893The sale of a commercial establishment is concluded only by an official instrument. Failure thereof. Its effect. Nullity. This concerns public policy. - 562 - SaleCivil Matters — Volume 11 · Source page 562
  19. Principle 2894Whoever receives something not due must return it. This is not altered by the lack of entitlement arising from the factual situation itself or from a legal consideration. - The appellant's insistence that the two respondCivil Matters — Volume 11 · Source page 563
  20. Principle 2895Sale of a commercial establishment. The condition for its conclusion. Its embodiment in an official instrument before a notary public. Failure to follow the form prescribed by law. Its effect. The sale is absolutely voidCivil Matters — Volume 11 · Source page 563
  21. Principle 2896A business establishment. Its inclusion of tangible and intangible elements. Their nature. Restriction of the sale of a business establishment to some of these elements. Its treatment as a sale of the commercial establisCivil Matters — Volume 11 · Source page 563
  22. Principle 2897Prohibition on transferring ownership of a trademark, pledging it, or attaching it separately from the commercial establishment or exploitation undertaking. An absolute prohibition without exception. Article 82 of the CoCivil Matters — Volume 11 · Source page 564
  23. Principle 2898Sale of a business. Condition for its formation. Its embodiment in an official instrument before a notary public. Failure to follow the form prescribed by law. Its effect. Absolute nullity of the sale. It may be invoked Civil Matters — Volume 11 · Source page 564
  24. Principle 2899The legislature’s prescription of a particular form for a contract. Its import. It is valid only upon fulfillment of that form. The rationale therefor. Its connection with public policy. Failure thereof. Its effect. NoneCivil Matters — Volume 11 · Source page 564

  25. بيع العقار

    Principle 2904Dealing in real property in good faith. The legislature’s protection thereof upon dissolution of the predecessor’s contract. Presumption of good faith. The burden of proving its absence. Lies with the interested party. ICivil Matters — Volume 11 · Source page 565
  26. Principle 2905Compensation for expropriation is paid to owners and holders of rights. Law 33 of 1964. - Enactment of Law No. 5 of 1959 concerning Real Estate Registration. Its effect on contracts of dispositions creating and transferrCivil Matters — Volume 11 · Source page 565
  27. Principle 2906Sale contracts transferring principal rights in rem, including ownership. Their nature as consensual contracts is not altered by the enactment of the Real Estate Registration Law. Its effect. Transfer of the rights is deCivil Matters — Volume 11 · Source page 565
  28. Principle 2907Ownership in immovable-property matters does not pass between the contracting parties or in relation to third parties except by registration. Article 7 of Decree-Law 5/1959. - A debtor’s disposition is not effective agaiCivil Matters — Volume 11 · Source page 566
  29. Principle 2908Real property actions concerning real property situated abroad. They fall, by way of exception, outside the jurisdiction of the Kuwaiti courts. An action for rescission of a contract for the sale of real property situateCivil Matters — Volume 11 · Source page 566
  30. Principle 2909Cases in which ownership does not pass by the mere sale. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent this or render it difficult. - Ownership of real propeCivil Matters — Volume 11 · Source page 566
  31. Principle 2910Transfer of ownership of immovable property. Its deferral until after registration occurs and from its date. Its effect. Registration is decisive. Its consequence. Priority of a registered contract over an earlier privatCivil Matters — Volume 11 · Source page 566
  32. Principle 2911Real estate registration. A personal system conducted according to names, not properties, and not having full evidentiary force in itself. Its implication. It does not validate void contracts, nor does it complete deficiCivil Matters — Volume 11 · Source page 567
  33. Principle 2913Appeal against a judgment awarding an auction sale. Its cases. Article 277 of the Law of Procedure. They do not include invalidity of the notice at the time of sale or invalidity of the enforcement instrument. These mustCivil Matters — Volume 11 · Source page 567
  34. Principle 2914Conducting the procedures for sale of immovable property, monitoring their regularity, and calling out the sale. What is meant thereby. The sales judge's assignment of the calling out of the sale to the hearing clerk achCivil Matters — Volume 11 · Source page 567

  35. بيع العقار الذي نزعت ملكيته

    Principle 2915The possessor of mortgaged real property. His payment of the secured debt or part thereof to the mortgage creditor. Its effect. His subrogation to that creditor in all his rights against the debtor to the extent of that Civil Matters — Volume 11 · Source page 567
  36. Principle 2916An action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller’s obligations and obtaining a judgment whose registration takes the place of the contract in transferring Civil Matters — Volume 11 · Source page 568
  37. Principle 2917The compensation assessed for expropriated real property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over real property, including ownership. They rCivil Matters — Volume 11 · Source page 568
  38. Principle 2918Contracts creating and transferring principal rights in rem over real property, including ownership. They remain consensual contracts after the entry into force of the provisions of Law No. 5 of 1959 concerning real estaCivil Matters — Volume 11 · Source page
  39. Principle 2919Ownership of small vessels passes from seller to purchaser by the contract alone and is not dependent upon registration of the contract. - Registration of small vessels is not an obligation upon their seller. Sale by aucCivil Matters — Volume 11 · Source page
  40. Principle 2920The person entrusted with conducting the procedures for selling immovable property, monitoring their regularity and undertaking the bidding procedures is the sales judge. - Calling out the sale. Its rationale. - The saleCivil Matters — Volume 11 · Source page
  41. Principle 2922Appeal against a judgment awarding an auction. When it is permissible for a defect in the bidding procedures or the form of the judgment, or because it was issued without staying proceedings in a case where their stay isCivil Matters — Volume 11 · Source page
  42. Principle 2923A general, unrestricted provision. It may not be particularised or restricted. The reason therefor. - Article 104 of the Companies Law does not distinguish between instalments representing the nominal value of shares andCivil Matters — Volume 11 · Source page
  43. Principle 2924Award of the auction in a forced sale. Its effect. Transfer of ownership of the thing sold from the debtor or possessor to the successful bidder in exchange for the price he paid. The auction purchaser has no concern witCivil Matters — Volume 11 · Source page
  44. Principle 2925Conducting the auction procedures and sale of the real estate, assessing the costs of enforcement proceedings, including lawyers’ fees, and giving notice of that assessment before opening the bidding. Entrusted to the saCivil Matters — Volume 11 · Source page
  45. Principle 2926Award of the auction in a compulsory sale. Its effect. Ownership of the thing sold passes from the debtor or possessor to the successful bidder in return for the price paid. - Ownership of the movable passes to the auctiCivil Matters — Volume 11 · Source page
  46. Principle 2927A judgment awarding the sale. It is not considered a judgment but rather a record drawn up by the sales judge upon completion of the procedures and particulars required by law. Its conclusion in court and under its superCivil Matters — Volume 11 · Source page
  47. Principle 2928Invalidity of compulsory sale procedures. An indivisible subject matter. All parties in whose favour judgment was rendered must be joined before the Court of Appeal. The appellant's omission to join the successful bidderCivil Matters — Volume 11 · Source page
  48. Principle 2929A judgment awarding an auction. A means of compulsorily transferring ownership of real property from the person whose property was attached to the successful bidder. Its effect. No need to serve this judgment in any formCivil Matters — Volume 11 · Source page
  49. Principle 2930An objection to the validity of notice of an auction sale. It must precede the hearing scheduled for the sale by three days. Grounds of nullity relating to procedures preceding the sale hearing and objections to the condCivil Matters — Volume 11 · Source page
  50. Principle 2932Ascertaining the contracting parties’ intention from the circumstances and facts of the action to determine whether the amount paid is part of the price at which the sale was definitively concluded, or earnest money in aCivil Matters — Volume 11 · Source page
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