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. فسخ عقد البيع

    Principle 3044Real-property actions concerning immovable property situated abroad are excluded from the jurisdiction of the Kuwaiti judiciary. An action to rescind the contract for the sale of such property. Not a real-property actionCivil Matters — Volume 11 · Source page 594
  2. Principle 3045A request for rescission of a contract. Its condition. Failure by one party to perform its obligation and that the request concern a valid contract. - Sale of a commercial establishment. Its condition. That it be effecteCivil Matters — Volume 11 · Source page 594
  3. Principle 3046Assessing the grounds for rescission of the contract and the sufficiency or insufficiency of its reasons, and identifying the party in default therein or negating its default. A matter of fact independently determined byCivil Matters — Volume 11 · Source page 594
  4. Principle 3047Failure of either contracting party in contracts binding on both parties to perform his obligation when it falls due permits the other contracting party, after formally notifying him, to request the judge to rescind the Civil Matters — Volume 11 · Source page 594
  5. Principle 3048Rescission of a bilateral contract. Occurs upon impossibility of its performance. This is established when the sold property ceases to be owned by the seller. - 594 - SaleCivil Matters — Volume 11 · Source page 594
  6. Principle 3050Contracts binding on both parties. Failure of one contracting party to fulfil his obligation when due. Its effect. The other contracting party may, after giving him formal notice, seek rescission of the contract. The couCivil Matters — Volume 11 · Source page 595
  7. Principle 3052The general rule is that contracts are binding. Its implication: neither contracting party may unilaterally rescind the contract without the other’s consent. Agreement to discharge the contract and cancel it by mutual coCivil Matters — Volume 11 · Source page 595
  8. Principle 3053Assessing the justifications for rescission of the contract and the sufficiency or insufficiency of its grounds, and identifying the party in default thereunder or finding that he is not in default. A matter of fact. ItsCivil Matters — Volume 11 · Source page 595
  9. Principle 3054The good faith whose existence on the part of a particular successor is taken into account so that the effect of rescission of the contract concluded with his predecessor cannot be invoked against him. Its criterion. HisCivil Matters — Volume 11 · Source page 595
  10. Principle 3055A penalty clause lapses upon the lapse of the principal obligation. The reason: it is an obligation accessory to the latter. - The debtor's failure to perform his contractual obligation. A fault giving rise to his liabilCivil Matters — Volume 11 · Source page 596
  11. Principle 3056A final judgment rescinding a registered contract. Its production of the effect of extinguishing ownership. Its condition. Its registration, even if it has acquired the force of res judicata. Article 7 of Decree-Law 5 ofCivil Matters — Volume 11 · Source page 596
  12. Principle 3058The unauthorized intervener under the Majalla of Judicial Provisions. His nature. The sale he concludes is suspended and ineffective because a third party's right attaches thereto. Articles 111, 112 of the Majalla. - TheCivil Matters — Volume 11 · Source page 596
  13. Principle 3060Failure of one contracting party in a contract binding on both parties to perform his obligation when it falls due. The other contracting party may, after formally placing him in default, ask the judge to rescind the conCivil Matters — Volume 11 · Source page 597
  14. Principle 3061Contracts binding on both parties. Failure of one contracting party to fulfil his obligation. Its implication. The other contracting party may, after serving him with formal notice, request the judge to rescind the contrCivil Matters — Volume 11 · Source page 597
  15. Principle 3062Termination of a contract or its automatic termination. The general rule is that it restores the contracting parties to the position they were in when it was concluded. The exception. In continuing contracts, terminationCivil Matters — Volume 11 · Source page 597
  16. Principle 3063A contracting party's right to seek rescission based on the other contracting party's default. Its condition: that he has performed his obligation or demonstrated his readiness to perform it. Both contracting parties' brCivil Matters — Volume 11 · Source page 597
  17. Principle 3064Assessment of the grounds for rescinding the contract and their sufficiency or insufficiency. Within the authority of the judge of merits. Its condition.Civil Matters — Volume 11 · Source page 598
  18. Principle 3065Bilaterally binding contracts. Failure of one contracting party to fulfill his obligation. The other contracting party may seek rescission after serving him notice. - Assessment of the justifications for rescission of thCivil Matters — Volume 11 · Source page 598
  19. Principle 3066The implied resolutory condition. It does not necessarily entail rescission merely upon a breach of the obligation. Example.Civil Matters — Volume 11 · Source page 598
  20. Principle 3067The absence from the sale contract of a provision for rescission as a sanction for either party’s breach of any of the obligations stipulated therein. Its effect. Recourse to the general rules on judicial rescission and Civil Matters — Volume 11 · Source page 598
  21. Principle 3068Ascertaining and understanding the facts, assessing the evidence, accepting what is found reliable and discarding the rest. Within the authority of the court of merits. The condition for this. It is not obliged to followCivil Matters — Volume 11 · Source page 598
  22. Principle 3069Agreed rescission occurs by virtue of the agreement. An express resolutory clause necessarily brings about rescission upon the mere occurrence of a breach of obligation. An implied resolutory clause. Its effect. It is suCivil Matters — Volume 11 · Source page 598
  23. Principle 3070An express resolutory clause necessarily requires rescission and deprives the judge of all discretion. Its effects must be applied once the breach necessitating it is verified, without the debtor being able to avoid rescCivil Matters — Volume 11 · Source page 599
  24. Principle 3071A claim for termination founded on the default of one contracting party is not a right of the other contracting party unless he has performed his obligation or demonstrated his willingness to perform it. The challenged jCivil Matters — Volume 11 · Source page 599
  25. Principle 3072A creditor whose request for rescission of his contract has been granted may claim compensation from the debtor. Condition thereof. - The contract after its rescission. Cannot serve as a basis for compensation. - The liaCivil Matters — Volume 11 · Source page 599
  26. Principle 3073A request to rescind a contract binding on both parties because one contracting party has failed to perform his obligation. Its condition: that the applicant be ready to perform his obligation and capable of restoring thCivil Matters — Volume 11 · Source page 600
  27. Principle 3074A contract binding on both parties. One contracting party's failure to perform his obligation. Its effect. The other contracting party may seek its rescission after serving him with formal notice. - Assessment of the jusCivil Matters — Volume 11 · Source page 600
  28. Principle 3075Interpretation of contracts, agreements, and disputed conditions, assessment of the grounds for rescission and the sufficiency or insufficiency of its causes, determination of the party in default under the contract or nCivil Matters — Volume 11 · Source page 600
  29. Principle 3076Contracts concluded by the bankrupt before issuance of the judgment declaring his bankruptcy. Are not rescinded merely upon issuance of that judgment unless the bankrupt’s identity was of special consideration in contracCivil Matters — Volume 11 · Source page 600
  30. Principle 3077The seller's failure to perform the contractual obligation to transfer ownership of the real property sold to the buyer where the seller does not own it or part of it. Breach of a contractual obligation. Its effect. The Civil Matters — Volume 11 · Source page 600
  31. Principle 3078A settlement agreement in Ja'fari jurisprudence. Binding in itself and may be rescinded only by the mutual consent of the settling parties or by rescission by whichever of them has a right of rescission under the settlemCivil Matters — Volume 11 · Source page 601
  32. Principle 3079One contracting party's failure, in bilateral contracts, to fulfil his obligation when it falls due. Its effect. The other contracting party may request the judge to rescind the contract after formally notifying him. - ACivil Matters — Volume 11 · Source page 601
  33. Principle 3081An express rescission clause is a prior agreement between the parties that the contract shall be automatically rescinded upon failure to fulfil the obligations arising from it. Its effect. Depriving the judge of discretiCivil Matters — Volume 11 · Source page 602
  34. Principle 3082Rescission of a contract binding on both parties. Its effect. The other contracting party has the right to compensation for the damage he sustained as a result of the rescission. The basis of that compensation. Tort liabCivil Matters — Volume 11 · Source page 602
  35. Principle 3083Penalty clause: its nature: an agreement between the creditor and debtor on the amount of compensation if the debtor fails to perform his obligation, constituting compensation for nonperformance or delay in performance. Civil Matters — Volume 11 · Source page 602
  36. Principle 3085Failure to challenge on appeal the first-instance judgment that the sale was dissolved. Its becoming conclusive. Claiming for the first time on appeal entitlement to the valuation compensation or to another property alloCivil Matters — Volume 11 · Source page 603
  37. Principle 3086Dissolution of the contract. Its effect. The seller’s obligation to return to the purchaser the price he received. - Assessment of the compensation due to the purchaser whose contract was deemed rescinded because the selCivil Matters — Volume 11 · Source page
  38. Principle 3087Mutual cancellation of a sale. Occurs only by agreement of its parties. The right to retain the thing sold:Civil Matters — Volume 11 · Source page
  39. Principle 3088A sale contract. The purchaser's right to retain the sold property after its dissolution until the seller repays him the price he paid. Reason for this: his obligation to deliver corresponds to the seller's obligation toCivil Matters — Volume 11 · Source page
  40. Principle 3089Agency for sale and other transactions for consideration. It must be a special agency specifying the type of disposition. It may be granted without specifying the subject matter. Its scope extends to all the principal's Civil Matters — Volume 11 · Source page
  41. Principle 3090The seller's issuance of a real estate power of attorney to the purchaser and delivery of the title deed to him; the latter's issuance of similar powers of attorney to third parties. Registration of the contract by the fCivil Matters — Volume 11 · Source page
  42. Principle 3091The original principal's authorization of his agent to sell the property to himself and to appoint another agent for that purpose. The agency is considered equivalent to a remunerated agency and in the agent's interest. Civil Matters — Volume 11 · Source page
  43. Principle 3092The purchaser of unregistered real property may assign the personal rights arising from the contract to another in accordance with assignment procedures. He also has the right to dispose of the real property by sale to aCivil Matters — Volume 11 · Source page
  44. Principle 3093A barter contract is the sale of a thing or the exchange of property for property other than money, and each of the two exchanged items in a barter contract is subject to the rules of sale, pursuant to Articles 122, 379 Civil Matters — Volume 11 · Source page
  45. Principle 3094Barter. Its nature. Exchanging shares for real property and agreeing to defer delivery of the property. Not a forward share transaction within the meaning of Law 57/1982.Civil Matters — Volume 11 · Source page
  46. Principle 3095Obligations created by a barter contract. Each party's obligation to transfer ownership of the thing that he barters to the other party and to deliver it to him.Civil Matters — Volume 11 · Source page
  47. Principle 3096Failure by a party to an exchange to perform his contractual obligation to deliver at the agreed time. Constitutes a breach of his obligation giving rise to liability entailing compensation for damage. What the compensatCivil Matters — Volume 11 · Source page
  48. Principle 3097The general rule in barter is that each exchanging party delivers what that party has agreed to exchange to the other party immediately upon conclusion of the contract, unless they agree on a time for delivery.Civil Matters — Volume 11 · Source page
  49. Principle 3098Impossibility of performing a party’s obligation to deliver under an exchange contract for a cause attributable to that party. Fault. Giving rise to liability for compensation.Civil Matters — Volume 11 · Source page
  50. Principle 3099Barter is: the exchange of property for property, neither of which is money. Each of the exchanging parties is considered a seller of what he gives in exchange and a purchaser of what he receives in exchange. The expenseCivil Matters — Volume 11 · Source page
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