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. هبة

    Principle 3155The presumption that a disposition is to take effect after death. Its effect. Application of the provisions on wills stipulated in Article 943 of the Civil Code. This presumption applies to a gift contract as one of the Civil Matters — Volume 11 · Source page 616
  2. Principle 3157A gift is governed by the donor's nationality at the time of the gift. The extent to which the gift is effective against the heirs and the amount that may be donated. These are governed by the donor's law at the time of Civil Matters — Volume 11 · Source page 616
  3. Principle 3158A gift taking effect after the donor's death under the Lebanese Code of Obligations and Contracts. Its inclusion within the concept of a testamentary disposition. It is permissible only within the limit of one third of tCivil Matters — Volume 11 · Source page 617

  4. قرض

    Principle 3159Taking possession of the gifted property—immovable or movable—or authenticating the gift by embodying it in an official instrument. Two equal alternatives. The gift is concluded upon the existence of either. The gift mayCivil Matters — Volume 11 · Source page 617
  5. Principle 3161A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. The determining consideration. The borrower's apparent intention at the time of contracting, not the ultimate use of the sums.Civil Matters — Volume 11 · Source page 618
  6. Principle 3162Interest, even if it exceeds the maximum limit, does not negate the characterisation of the contract as a loan where evidence of that is established.Civil Matters — Volume 11 · Source page 618
  7. Principle 3163Agreement on an interest rate for a commercial loan. Permissible provided that it does not exceed the rates announced by the Central Bank. An example.Civil Matters — Volume 11 · Source page 618
  8. Principle 3164A bank deposit and a deposit earmarked for a specific task. The nature of each. - When the contract ceases to be a bank deposit regarded as a loan under which the bank acquires ownership of the money, and the bank insteaCivil Matters — Volume 11 · Source page 618
  9. Principle 3165A current account. The general rule is its indivisibility and the impermissibility, while the account is operating, of claiming that any individual item is due. The exception: the borrower draws up an instrument for the Civil Matters — Volume 11 · Source page 618
  10. Principle 3166Loan. A commercial act by its nature because it is a banking transaction on which interest may be charged. - 618 - LoanCivil Matters — Volume 11 · Source page 618
  11. Principle 3167Entry of a debt secured by a contractual security in the current account. Its effect. It becomes an item thereof, merging with the other items and resulting in the balance debt. - The pledge securing the debt is not extiCivil Matters — Volume 11 · Source page 619
  12. Principle 3168Inference of the intention to novate the loan contract. A question of fact independently determined by the trial judge. - Extinction by novation of the debt secured by the mortgage as a result of concluding the loan contCivil Matters — Volume 11 · Source page 619
  13. Principle 3170A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. What matters in this regard is the borrower’s apparent intention at the time of contracting, not the ultimate use of the sums. TCivil Matters — Volume 11 · Source page 619
  14. Principle 3171The creditor may combine the commission or benefit with the agreed interest even if it exceeds the legally prescribed maximum interest rate. The condition for this: that it corresponds to a genuine service performed by tCivil Matters — Volume 11 · Source page 619
  15. Principle 3172Sale with a right of redemption. It is a sale in which the seller reserves the right to recover the thing sold from the purchaser in exchange for repayment of the price. The legislature adopted the practice prevailing beCivil Matters — Volume 11 · Source page 619
  16. Principle 3173The Central Bank of Kuwait may lend to banks or public financial or credit institutions, but not private ones. Its lending to a private institution. Void and produces no effect.Civil Matters — Volume 11 · Source page 620
  17. Principle 3174It is impermissible to deduct more than 10% of a worker's wage in payment of debts or loans owed to the employer. The employer is prohibited from charging any interest on them.Civil Matters — Volume 11 · Source page 620
  18. Principle 3175Loans granted by banks. A commercial act by its nature, whether or not the borrower is a merchant and whether they are spent on commercial or civil activities. The bank is entitled to default interest on them whenever thCivil Matters — Volume 11 · Source page 620
  19. Principle 3176Banking transactions. Commercial acts. Article 5 of the Commercial Code. - Loan. When it is commercial. - Commercial debt. Those liable for it are jointly and severally liable unless the law or agreement provides otherwiCivil Matters — Volume 11 · Source page 620
  20. Principle 3177Banking operations. Commercial acts, whether on the part of the bank or its customers. - A loan is a commercial act regardless of the borrower's capacity or the purpose for which the loan was allocated. - Suretyship. ItsCivil Matters — Volume 11 · Source page 620
  21. Principle 3178The beneficiary's obtaining a dwelling and a loan, and the expiry of two years since allocation of the plot and its being placed at his disposal or receipt of the first instalment of the loan. Its effect. A government dwCivil Matters — Volume 11 · Source page 621
  22. Principle 3179The debts that Law 41 of 1993 authorised the Central Bank of Kuwait to purchase. Their nature: those that led to disruption of financial conditions in the State’s banking system. What is not included among those debts. -Civil Matters — Volume 11 · Source page 621
  23. Principle 3180Providing housing welfare to those entitled to it. Its purpose. Achieving the public interest. Its effect. The Credit and Savings Bank may set conditions ensuring achievement of that purpose. It may stipulate that the boCivil Matters — Volume 11 · Source page 621
  24. Principle 3181A commercial bank. Its nature. An institution whose principal and customary business is accepting deposits for investment in banking operations. - The Credit and Savings Bank is not a commercial bank and is not treated aCivil Matters — Volume 11 · Source page 621
  25. Principle 3182The general rule is that the new law applies to legal positions arising after its entry into force and to future effects resulting from earlier legal positions. The exception: the effects of dispositions concluded under Civil Matters — Volume 11 · Source page 622
  26. Principle 3183Classification of a loan as commercial. Its condition. Its purpose must be to expend the borrowed sums on commercial activities. What matters is the borrower's apparent intention at the time of the contract, not the ultiCivil Matters — Volume 11 · Source page 622
  27. Principle 3184Interest on a commercial loan is 7% where its rate is not specified in the contract. The contracting parties may agree on another interest rate. The condition therefor: this rate must not exceed the rates announced by thCivil Matters — Volume 11 · Source page 623
  28. Principle 3185Closure of the current account. Its effect. - Agreement in the loan contract that the bank is entitled to interest of 4% during the term of the contract. Its lack of an agreement on interest on the debt represented by thCivil Matters — Volume 11 · Source page 623
  29. Principle 3186The seller’s reservation, upon sale, of the right to recover the thing sold in return for repayment of the price and expenses. Its meaning. It is a sale with a right of redemption. The contract is deemed a loan secured bCivil Matters — Volume 11 · Source page 623
  30. Principle 3187A loan granted by a bank. A commercial act by its nature. Reason for this: it is a banking transaction regardless of its purpose, whether civil or commercial. Consequence. Interest is due for delay in its repayment.Civil Matters — Volume 11 · Source page 624
  31. Principle 3188Treating a loan as commercial. Its condition. Its purpose must be to spend the borrowed sums on commercial activities. What matters is the borrower's apparent intention at the time of contracting, not the ultimate use ofCivil Matters — Volume 11 · Source page 624
  32. Principle 3189A loan contract is binding on both parties and creates reciprocal obligations on the part of both the lender and the borrower, which requires the existence of two separate patrimonies. The combination of the capacities oCivil Matters — Volume 11 · Source page 624
  33. Principle 3190Loans granted by banks are commercial acts by their nature, whether or not the borrower is a trader and whether they are spent on commercial or civil activities. - Compensatory interest. Is payable on a debt owed by the Civil Matters — Volume 11 · Source page 624
  34. Principle 3191The insurer’s coverage is determined by the accidents and risks insured against and governed by the terms of the insurance policy. An example concerning the non-fulfilment of the conditions of the insurance contract and Civil Matters — Volume 11 · Source page 625
  35. Principle 3192A right subject to a term. A fully existing right whose enforceability ensues upon expiry of the term. The implication: an obligation subject to a term that has not yet expired is not due for performance unless the persoCivil Matters — Volume 11 · Source page 625
  36. Principle 3193A worker may borrow from the employer, with set-off between the wage and that loan. - It is impermissible to deduct more than 10% of the worker’s wage in payment of debts or loans owed by him to the employer, or to chargCivil Matters — Volume 11 · Source page 625
  37. Principle 3194Granting housing welfare loans. The Credit and Savings Bank has the right to set conditions for the use of that loan. The borrower’s breach of those conditions by disposing of the real property. Its effect. That dispositCivil Matters — Volume 11 · Source page
  38. Principle 3195The secured creditor. His reliance on his good faith. Its condition. That the mortgaged real property is owned by the debtor. - Sale with a right of redemption. What is stipulated therein. The seller’s retention of the rCivil Matters — Volume 11 · Source page
  39. Principle 3196A worker’s rights arise pursuant to mandatory rules relating to public order, including the prohibition on the employer charging interest on loans granted to him. Termination of the employment relationship and the actualCivil Matters — Volume 11 · Source page
  40. Principle 3197Loans contracted by banks are commercial acts for both parties. Other loans are not commercial unless their purpose is to expend the borrowed sums on commercial activities. The determining factor is the borrower's intentCivil Matters — Volume 11 · Source page
  41. Principle 3198Loans granted by banks. A commercial act by its nature, whether or not the borrower is a merchant and whether spent on commercial or civil activities, and the bank is entitled to default interest thereon whenever the groCivil Matters — Volume 11 · Source page
  42. Principle 3199Granting loans to eligible persons to build or purchase housing or increase its utility. Among the housing-welfare alternatives specified by the legislature. Achievement of the purpose for which the beneficiary obtained Civil Matters — Volume 11 · Source page
  43. Principle 3200Married Kuwaiti physicians have the choice between obtaining furnished government housing supplied with electricity - 626 - Loan and water, and receiving a housing allowance. Prohibition on granting the allowance to certCivil Matters — Volume 11 · Source page
  44. Principle 3201The appellant’s contention that she is obliged to pay her share of the loan granted to her and the respondent only in easy instalments, as she is among those entitled to housing welfare, and that the latter paid her sharCivil Matters — Volume 11 · Source page
  45. Principle 3202Loans granted by banks. A commercial act by nature. The reason for this. It is a banking transaction, whether or not the borrower is a merchant and whether expended on commercial or civil activities. The implication of tCivil Matters — Volume 11 · Source page
  46. Principle 3203The loan granted by the Credit and Savings Bank to beneficiaries of government plots to erect housing thereon. Guaranteed by the Government until the date of issuance of the borrower’s title deed. Failure of the Bank to Civil Matters — Volume 11 · Source page
  47. Principle 3204The relationship between banks and their customers. Subject to the principle of autonomy of the will. Its implication: permissibility of agreeing, in contracts concluded between them, on the interest rate applicable to lCivil Matters — Volume 11 · Source page
  48. Principle 3205The Board of Directors of the Central Bank. Its competence to establish rules regulating banking operations that banks may undertake, including granting loans to their customers, whether as regards the maximum amount or Civil Matters — Volume 11 · Source page
  49. Principle 3206The relationship between banks and their customers. Its subjection to the principle of autonomy of will. Its meaning. It is permissible in those contracts to agree on the interest rate applicable to loans granted to themCivil Matters — Volume 11 · Source page
  50. Principle 3208The relationship of banks with their customers. Its subjection to the principle of autonomy of will. Its implication. They may agree on the interest rate applicable to loans. The condition thereof: that this rate does noCivil Matters — Volume 11 · Source page
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