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. البيع بالعربون

    Principle 2933Determining whether the amount paid is an advance payment of the price or earnest money for withdrawal falls within the authority of the trial court.Civil Matters — Volume 11 · Source page 572
  2. Principle 2934The general rule regarding earnest money is that it is consideration for exercising the option to withdraw from the contract, unless it is agreed that it was paid to confirm the contract's finality. The effect of withdraCivil Matters — Volume 11 · Source page 572
  3. Principle 2935Ascertaining the common intention of the contracting parties to determine whether what was paid upon conclusion of the sale contract was part of the price or earnest money implying an option to withdraw from the contractCivil Matters — Volume 11 · Source page 572
  4. Principle 2936Determining whether the amount paid is part of the price at which the contract was concluded definitively and unconditionally, or earnest money entailing a right of withdrawal for each contracting party. Within the authoCivil Matters — Volume 11 · Source page 572
  5. Principle 2937Payment of earnest money upon conclusion of the contract. Its implication. Each party has the option to withdraw from it; the payer forfeits it if he withdraws, and the recipient returns it and pays an equivalent amount Civil Matters — Volume 11 · Source page 573
  6. Principle 2938Sale with earnest money. The rules concerning the contracting parties’ obligations in the event of withdrawal. Rules supplementing their intention. Recourse to them is permissible only in the absence of special rules thaCivil Matters — Volume 11 · Source page 573
  7. Principle 2939Payment of an amount of the price of the thing sold as earnest money. Its implication. Either contracting party may withdraw from the contract. The party who paid it forfeits it if he withdraws, and the party who receiveCivil Matters — Volume 11 · Source page 573
  8. Principle 2940The contracting parties' failure to agree that the earnest money was paid to confirm what was established in the contracting. Its implication. Each party to the contract has the option to withdraw from it. The effect theCivil Matters — Volume 11 · Source page 573

  9. البيع بشرط التجربة

    Principle 2941Payment of earnest money at the time of conclusion of the contract. Its import. Granting the contracting parties the option to withdraw from the contract. Withdrawal of one contracting party from the contract. Its effectCivil Matters — Volume 11 · Source page 573

  10. بيع ملك الغير

    Principle 2942Sale subject to trial. Its nature. The general rule is that it must be expressly stipulated in the contract and that the trial must take place within a reasonable period. The seller’s and purchaser’s silence as to specifCivil Matters — Volume 11 · Source page 574
  11. Principle 2943In the sale of another's property. Pursuant to the provisions of the Majalla or Commercial Code No. 2/1961, if the seller does not perform his obligation to transfer ownership, the buyer may seek rescission of the contraCivil Matters — Volume 11 · Source page 574
  12. Principle 2944Sale of property belonging to another. Concluded subject to ratification by the true owner. If the owner ratifies it, it becomes effective; if the owner does not ratify it, it becomes nonexistent. - If the sold property Civil Matters — Volume 11 · Source page 574
  13. Principle 2945Sale of another's property pursuant to the provisions of the Majalla. Valid, but contingent upon the owner's ratification. - 574 - SaleCivil Matters — Volume 11 · Source page 574
  14. Principle 2946The sale of property belonging to another under the former Commercial Law 2 of 1961 does not effect transfer of ownership of the property sold unless ratified by the true owner.Civil Matters — Volume 11 · Source page 575
  15. Principle 2947The sale of another’s property does not transfer ownership unless the owner ratifies it. Art. 381 of the former Commercial Code.Civil Matters — Volume 11 · Source page 575
  16. Principle 2948Sale of another's property is ineffective against the true owner unless he ratifies it. - A contract for the sale of another's property is voidable.Civil Matters — Volume 11 · Source page 575
  17. Principle 2949Sale of another's property. When it is effective against the true owner. Upon his ratification or if ownership devolves upon the seller. Otherwise, the purchaser may seek rescission.Civil Matters — Volume 11 · Source page 575
  18. Principle 2950Transfer of ownership of real property based on the sale of another’s property. Its condition. Ratification of the sale by the true owner. - The judgment’s reaching a legally healthy result. Its effect. Its reasons contaCivil Matters — Volume 11 · Source page 575
  19. Principle 2951The sale of another’s property is not effective against the true owner unless he ratifies it or ownership passes to the seller. The owner’s ratification of the sale. Its effect.Civil Matters — Volume 11 · Source page 575
  20. Principle 2952Houses provided by the State to accommodate Kuwaiti families entitled to housing welfare constitute private property of the State. They are not dedicated to public benefit, and, pursuant to Article 21 of the Council of MCivil Matters — Volume 11 · Source page 575
  21. Principle 2953Sale of another's property. Its voidability. Its effectiveness against the true owner. Its condition. His express or implied ratification. The effect of that ratification. Transfer of ownership to the purchaser.Civil Matters — Volume 11 · Source page 576
  22. Principle 2954Sale of another's property. A voidable contract. Its effectiveness depends on ratification by the true owner. - Transfer of ownership of government housing to the person to whom it was allocated. Its effect. Validity of Civil Matters — Volume 11 · Source page 576
  23. Principle 2955Sale of another’s property. Its invalidity is prescribed solely in the purchaser’s interest. It is ineffective against the true owner unless he ratifies it.Civil Matters — Volume 11 · Source page 576
  24. Principle 2956Sale of another’s property. Is not effective against the owner unless he ratifies it and ownership passes to the seller.Civil Matters — Volume 11 · Source page 576
  25. Principle 2957Sale of another’s property. A voidable contract. Ratification by the true owner is a condition for its enforceability against that owner. Example.Civil Matters — Volume 11 · Source page 576
  26. Principle 2958A sale contract. The purchaser’s right to retain the property sold after its dissolution until the seller repays the price he paid. The reason for this: his obligation to deliver corresponds to the seller’s obligation toCivil Matters — Volume 11 · Source page 576

  27. البيع سيف (البيع عند الشحن البحري)

    Principle 2960Sale of another's property. Ineffective against the true owner unless he ratifies it or ownership devolves upon the seller. Its effect. CIF sale (sale upon maritime shipment):Civil Matters — Volume 11 · Source page 577

  28. بيع المال الشائع

    Principle 2961A sale (C and F) is a sale upon shipment to which the rules of a CIF sale, cif, apply, except for the seller's obligation to insure the goods during the sea voyage for the purchaser's benefit. The seller thus bears the rCivil Matters — Volume 11 · Source page 577
  29. Principle 2963Prohibition on selling undivided shares in land for which no subdivision decision has been issued except after obtaining municipal permission. The sanction for its violation. Nullity. Law 92/1976. The sanction applies frCivil Matters — Volume 11 · Source page 577
  30. Principle 2964The prohibition on selling undivided shares in land for which no subdivision has been issued except after obtaining the municipality's permission, Article 1 of Decree-Law 92/1976, is a general, clear, and explicit provisCivil Matters — Volume 11 · Source page 578
  31. Principle 2965Sale of undivided shares in land for which no subdivision decision has been issued, without obtaining prior permission from the municipality. Absolute nullity of this sale. Its coverage of all types of sales. The implicaCivil Matters — Volume 11 · Source page 578
  32. Principle 2966Prohibition of selling undivided shares in land for which no subdivision scheme has been issued except after obtaining prior permission from the municipality. Confined to vacant land, not built-up properties.Civil Matters — Volume 11 · Source page 578
  33. Principle 2967Prohibition on selling undivided shares in land for which no subdivision decision has been issued, except after obtaining prior permission from the municipality. Breach of the prohibition. Its effect. Absolute nullity. ACivil Matters — Volume 11 · Source page 578
  34. Principle 2968Actual delivery of the thing sold in a sale of an undivided share. Its criterion. The state of common ownership does not end upon its completion.Civil Matters — Volume 11 · Source page 578
  35. Principle 2969Sale of undivided shares in vacant, unsubdivided land. Its condition. Prior permission from the Municipality.Civil Matters — Volume 11 · Source page 578
  36. Principle 2970Sale of undivided shares in land for which no subdivision decision has been issued. Its condition. Obtaining prior permission from Kuwait Municipality in accordance with the controls and conditions issued by decision of Civil Matters — Volume 11 · Source page 578
  37. Principle 2971Provisions of laws. Their application to legal positions occurring from their effective date, whether in their creation, production of effects, or extinction. Dispositions concluded before that date. They remain subject Civil Matters — Volume 11 · Source page
  38. Principle 2972Property held in common which cannot be partitioned in kind, or whose partition would substantially diminish its value. It must be partitioned by liquidation through sale at public auction and distribution of the successCivil Matters — Volume 11 · Source page
  39. Principle 2973Objection to the majority co-owners' decision to dispose of jointly owned immovable property. The court, when determining it, must verify the fulfilment of two conditions. Their nature. Establishment of the possibility oCivil Matters — Volume 11 · Source page
  40. Principle 2974The necessity of obtaining permission from Kuwait Municipality before selling undivided shares in land for which no subdivision decision has been issued. Violation of this. Its effect: nullity of the sale. The condition Civil Matters — Volume 11 · Source page
  41. Principle 2975Disposition of property held in common. Its condition. The majority must comprise at least two co-owners. A single co-owner may not perform any act reserved to the majority, whatever his share. The reason for this: what Civil Matters — Volume 11 · Source page
  42. Principle 2976Sale of an undivided share in vacant land for which no subdivision decision has been issued, before obtaining prior permission from the municipality. Absolutely void, and the court shall so rule of its own motion. ImplicCivil Matters — Volume 11 · Source page
  43. Principle 2977Common property that cannot be divided in kind, or whose division in kind the court finds would substantially diminish its value. The court may order that property sold by public auction and the price divided among the cCivil Matters — Volume 11 · Source page
  44. Principle 2978The common parts of real property. Their undivided ownership belongs to all the owners. They include external passageways, areas designated for common services, and all types of pipes and equipment, except those located Civil Matters — Volume 11 · Source page
  45. Principle 2979The lessee’s disposition, by sale or gift, of his personal right established in the contract. An assignment of the lease. Its subjection to the contract’s conditions and the provisions of the law. Example concerning the Civil Matters — Volume 11 · Source page
  46. Principle 2980A sale contract whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention of this. Its effect. AbsolutCivil Matters — Volume 11 · Source page
  47. Principle 2981Sale of undivided shares in land for which no subdivision decision has been issued. Absolutely void. Article 1 of Law 92 of 1976. The court may rule on this of its own motion. This prohibition applies to every sale whoseCivil Matters — Volume 11 · Source page
  48. Principle 2982Sale of a business. A formal contract. Official authentication is an essential element thereof. Absence of official authentication. Its effect. Absolute nullity of the contract, pertaining to public policy. - 581 - SaleCivil Matters — Volume 11 · Source page
  49. Principle 2983Company shares and partners' interests are property of legally recognized value. Their assignment is a form of sale. It must be in an official instrument. - Partners' recovery of the interest sold. Its condition. - See aCivil Matters — Volume 11 · Source page
  50. Principle 2984Expressing the desire to exercise pre-emption. Its time limit: fifteen days from the date of knowledge. The nature of knowledge. It is sufficient knowledge of the elements of the sale and its essential conditions. The reCivil Matters — Volume 11 · Source page
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