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. بيع السيارة

    Principle 2985Circumvention to defeat pre-emption that must be turned back upon its perpetrator. Its meaning. That intended to frustrate a right conferred on the pre-emptor by law. - The legislature’s reliance on registration of the rCivil Matters — Volume 11 · Source page 582
  2. Principle 2986The vehicle owner's obligation to notify the Traffic Department of evidence of his transfer of its ownership and to take certain procedures to establish its ownership. He is not exempted therefrom by the buyer's failure Civil Matters — Volume 11 · Source page 582
  3. Principle 2987It is permissible to agree in a contract of sale that the seller retains ownership of the thing sold until the entire price is paid. Article 464 of the Civil Code, Articles 137/1, 138 of the Commercial Code. Absolute nulCivil Matters — Volume 11 · Source page 583
  4. Principle 2989Agreement to conceal an instalment sale contract under the guise of a lease contract, describing the price as rent, upon full payment of which the contract becomes a sale contract. The legislature's disregard of this, itCivil Matters — Volume 11 · Source page 583
  5. Principle 2990The challenged judgment, affirming the judgment at first instance, concluding that the contract underlying the dispute is a contract for the sale of a car by instalments and applying the express rescission clause. A reasCivil Matters — Volume 11 · Source page 583
  6. Principle 2991The seller may not refuse delivery on the ground that the purchaser is a foreigner and does not satisfy the conditions necessary for licensing the car sold. The reason thereof: determining whether or not the conditions aCivil Matters — Volume 11 · Source page 583

  7. بيع الوفاء

    Principle 2992The person in whose name the vehicle license is issued. He is its owner regardless of his breach of his contractual obligations toward his seller. - The seller and purchaser are obligated to undertake the procedures for Civil Matters — Volume 11 · Source page 584
  8. Principle 2993Sale with a right of redemption. What is stipulated therein. The seller's retention of the right to recover the sold property in return for repayment of the price. Absence of this condition from the contract. Its effect.Civil Matters — Volume 11 · Source page 584
  9. Principle 2994Sale with a right of redemption. A sale in which the seller reserves the right to recover the thing sold from the purchaser in return for repayment of the price. The legislature adopted the practice followed before issuaCivil Matters — Volume 11 · Source page 584
  10. Principle 2995A sale with a right of redemption is the seller's retention, upon sale, of the right to recover the thing sold in return for repayment of the price and expenses. Its import. The contract is deemed a loan secured by a posCivil Matters — Volume 11 · Source page 585
  11. Principle 2996The mortgage creditor. His reliance on his good faith. Its condition. That the mortgaged property be owned by the debtor. - Sale with a right of redemption. What is required therein. The seller's retention of the right tCivil Matters — Volume 11 · Source page 585

  12. بيع الغرر

    Principle 2997A sale with a right of redemption is the seller's retention, for a specified period, of the right to recover the thing sold from the purchaser in exchange for returning the price and sale expenses to him. Its import. TreCivil Matters — Volume 11 · Source page 585

  13. بيع موجودات التفليسة

    Principle 2998Sale of a disputed right. An aleatory sale transferring the right, in its disputed state, to the buyer. Its import. The buyer bears the risk of the outcome of the dispute concerning it. Rationale. The buyer purchased witCivil Matters — Volume 11 · Source page 586

  14. البيع في مجلة الأحكام العدلية

    Principle 2999The bankruptcy court has jurisdiction to issue authorization to the Kuwait Investment Authority, in its capacity as administrator of the union of creditors, to sell the assets of the bankruptcy estate and deposit the salCivil Matters — Volume 11 · Source page 586
  15. Principle 3000Appurtenances of the thing sold under the Majalla of Judicial Provisions. Their inclusion in the thing sold without mention. Article 332 of the Majalla. A right of way established for the dominant property does not creatCivil Matters — Volume 11 · Source page 587
  16. Principle 3001The Majalla of Judicial Provisions. Its absence of a specific provision concerning a condition prohibiting sale. The doctrine of Imam Malik must be applied. His view is that the condition is valid if it is restricted by Civil Matters — Volume 11 · Source page 587
  17. Principle 3004Failure to pursue a claim that bars the hearing of the action under the Majalla of Judicial Rules. The excuses stated therein are illustrative. The judge's authority to reason by analogy with them. Resorting to the courtCivil Matters — Volume 11 · Source page 587
  18. Principle 3005Sale under the Majalla of Judicial Provisions. Exchange of property for property. Its inclusion of barter. - 587 - SaleCivil Matters — Volume 11 · Source page 587
  19. Principle 3006Uncertainty as to the thing sold under the Majalla of Judicial Rules. Its effect. Rescission of the sale for its defective validity. The effect of rescission. Requiring each party to return what he received pursuant to tCivil Matters — Volume 11 · Source page 588
  20. Principle 3007Ownership of the thing sold under the provisions of the Majalla of Judicial Provisions. It transfers by the mere conclusion of the contract.Civil Matters — Volume 11 · Source page 588
  21. Principle 3008Sale under the Majalla of Judicial Provisions. A consensual contract concluded by concurrence of offer and acceptance as to the thing sold and the price. Its legal effect: the buyer’s ownership of the thing sold and the Civil Matters — Volume 11 · Source page 588

  22. بطلان عقد البيع وإبطاله

    Principle 3009The unauthorised intermeddler under the Majalla of Judicial Provisions. Its meaning. The sale concluded by such a person is suspended and ineffective because a third-party right attaches to it. Articles 111, 112 of the MCivil Matters — Volume 11 · Source page 588
  23. Principle 3011An agreement between the mortgagor and the mortgagee creditor that the latter shall acquire ownership of the property mortgaged for the debt at any price, or sell it without observing legal procedures, in the event of noCivil Matters — Volume 11 · Source page 588
  24. Principle 3012Absolute simulation of a sale contract. Its effect. Its invalidity and the non-transfer of ownership to the purchaser even if the contract is registered. The reason for this. - The previous judgment evicting the first apCivil Matters — Volume 11 · Source page 589
  25. Principle 3013Survival of a mortgage granted by an owner whose title deed has been declared annulled, rescinded or extinguished, for the benefit of a mortgagee acting in good faith at the time the mortgage was concluded. Its conditionCivil Matters — Volume 11 · Source page 589
  26. Principle 3014Sale of an undivided share in land for which no subdivision decision has been issued. Impermissible unless prior permission is obtained from Kuwait Municipality. Contravention thereof. Its effect. Nullity of the contractCivil Matters — Volume 11 · Source page 589
  27. Principle 3015The court's superfluous discussion, in some of its reasons, of a matter outside the limits of the dispute before it and unnecessary for deciding the action. Its effect. What it addressed does not acquire the force of resCivil Matters — Volume 11 · Source page 589
  28. Principle 3016A person who obtained a government house through the housing welfare system benefiting from exemption from its price. Disposal of it after his death if his heirs include children who have not reached the age of majority.Civil Matters — Volume 11 · Source page 590

  29. إجازة البيع

    Principle 3018A sale made by a discerning minor. A disposition involving both benefit and detriment. Its voidability in the minor’s interest unless subsequently ratified. The person entitled to ratify.Civil Matters — Volume 11 · Source page 590

  30. فسخ عقد البيع

    Principle 3020The seller’s obligation to deliver the thing sold. An obligation to achieve a result, since it derives from his obligation to transfer ownership. Its effect. The risk of loss before delivery falls upon the seller, even iCivil Matters — Volume 11 · Source page 591
  31. Principle 3021The barring of an action for rescission upon the lapse of one year from delivery. Its restriction to actions for rescission on account of a deficiency or excess in the thing sold. Other rescission actions on account of bCivil Matters — Volume 11 · Source page 591
  32. Principle 3022The party seeking rescission must be prepared to perform his obligation arising at the contract. The reason therefor. - A purchaser who has taken delivery of the thing sold. The condition of his ability to return it uponCivil Matters — Volume 11 · Source page 591
  33. Principle 3023Inferring a contracting party's breach of his obligation warranting rescission is a matter of fact within the independent discretion of the trial court, provided the inference is reasonable.Civil Matters — Volume 11 · Source page 591
  34. Principle 3024Express resolutory clause. Necessitates rescission and deprives the judge of discretion regarding it. It must be given effect whenever its triggering event occurs, and the debtor cannot avert it by performing the obligatCivil Matters — Volume 11 · Source page 591
  35. Principle 3026Rescission of a contract binding on both parties or its cause. And the debtor's failure to perform his obligation arising from the contract.Civil Matters — Volume 11 · Source page 592
  36. Principle 3027Breach by one contracting party of its obligation under a bilateral contract. Its effect. The other contracting party’s right to seek judicial rescission. - Filing an action seeking rescission. Its inclusion of formal noCivil Matters — Volume 11 · Source page 592
  37. Principle 3028Assessing whether or not the grounds for rescission of the contract are sufficient, and establishing or the text of default on the part of the person seeking rescission. Within the authority of the trial court. Provided Civil Matters — Volume 11 · Source page
  38. Principle 3030Contractual rescission occurs by virtue of the agreement. An express resolutory condition necessarily entails rescission upon the occurrence of a breach of the obligation. An implied resolutory condition. Its effect. ResCivil Matters — Volume 11 · Source page
  39. Principle 3031An express termination clause. Its definition: an agreement by the parties that the contract shall be terminated automatically upon performance of the obligations arising from it, without the need to bring an action for Civil Matters — Volume 11 · Source page
  40. Principle 3032Ascertaining the existence of an express resolutory clause. Entrusted to the trial judge without review. The condition thereof. That he states tenable reasons sufficient to support the conclusion he reached.Civil Matters — Volume 11 · Source page
  41. Principle 3033A resolutory clause does not necessarily entail rescission upon mere breach of the obligation unless its wording is explicit and conclusive that the contracting parties intended it. The judge's power in relation to it.Civil Matters — Volume 11 · Source page
  42. Principle 3035In contracts binding on both parties, a request for rescission requires that the contracting party seeking it be ready to perform its obligation. - Inferring a contracting party’s breach of its obligation warranting rescCivil Matters — Volume 11 · Source page
  43. Principle 3036The purchaser’s request to recover the price paid because of the seller’s inability to perform his obligation includes a request for rescission of the contract.Civil Matters — Volume 11 · Source page
  44. Principle 3037A judgment rescinding a bilateral contract for one party's failure to fulfil his obligation. Its effect: the other contracting party's entitlement to compensation for the damage sustained as a result of rescission. The bCivil Matters — Volume 11 · Source page
  45. Principle 3038A contract binding on both parties. Failure of one contracting party to perform his obligation. Its effect. The other contracting party may seek its rescission. After serving formal notice on him. - An action seeking resCivil Matters — Volume 11 · Source page
  46. Principle 3039Assessment of the grounds for rescission of the contract and whether or not they are sufficient. Within the authority of the trial judge. The condition therefor.Civil Matters — Volume 11 · Source page
  47. Principle 3040Impossibility of performance by the seller under a sale contract because the sold property has ceased to be owned by the seller. Its effect. Establishing the seller's liability to refund the price and pay damages if the Civil Matters — Volume 11 · Source page
  48. Principle 3041Failure of one contracting party to fulfil his contractual obligation. Its effect: the other contracting party may, after giving him formal notice, seek rescission of the contract. Assessment of the grounds therefor. A mCivil Matters — Volume 11 · Source page
  49. Principle 3042Filing an action seeking rescission. Its being deemed formal notice to the defendant. The basis thereof.Civil Matters — Volume 11 · Source page
  50. Principle 3043Failure by either contracting party in contracts binding on both parties to perform his obligation when it falls due permits the other contracting party, after serving formal notice on him, to request the judge to rescinCivil Matters — Volume 11 · Source page
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