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. التعويض عن الإثراء بلا سبب - الأداء المعادل

    Principle 259A void contract cannot constitute grounds for any claim. The rationale therefor. - 59 - Obligation - The import of the nullity of a contract: restoring everything to its original state and each contracting party recoveriCivil Matters — Volume 11 · Source page ٥٩
  2. Principle 260A new claim may not be submitted on appeal. This concerns public order. The basis for this. - A new ground may be advanced on appeal while the subject matter of the original claim remains unchanged.Civil Matters — Volume 11 · Source page ٦٠
  3. Principle 261Equivalent performance. Its basis is unjust enrichment. - An unjust enrichment action. When it becomes time-barred. - The limitation period for an unjust enrichment action begins to run upon the person who sustained damaCivil Matters — Volume 11 · Source page ٦٠
  4. Principle 262Impossibility of restoring the contracting parties to the position they occupied upon contracting after a judgment declaring the contract void before the court of first instance. Its effect. The establishment of the righCivil Matters — Volume 11 · Source page ٦٠
  5. Principle 263Nullity extinguishes the contract from the time of its conclusion and removes every effect of its performance if it has been performed. The consequence: restoring everything to its original state and each contracting parCivil Matters — Volume 11 · Source page ٦٠
  6. Principle 264Awarding equivalent performance. Its condition. That it be submitted to the court of merits. The rationale thereof. - 60 - Obligation - The court of merits. Must remain bound by the parties' claims. It is not at fault foCivil Matters — Volume 11 · Source page ٦٠
  7. Principle 265Nullity of a contract concluded by a non-Kuwaiti owing to the prohibition in the Commercial Code does not prevent him from claiming his rights on another legal basis. - The ground may be changed while retaining the subjeCivil Matters — Volume 11 · Source page ٦١
  8. Principle 266Nullity of a contract concluded by a non-Kuwaiti for violating the prohibition contained in the Commercial Law or any other legislation. Its consequence is restoring everything to its original state and each contracting Civil Matters — Volume 11 · Source page ٦١
  9. Principle 267A judicial claim. A procedure directed to the court against the opponent, by which the scope of the action is defined. - The subject matter of the original claim may remain unchanged while its cause is changed and added Civil Matters — Volume 11 · Source page ٦١
  10. Principle 268The nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition contained in the Commercial Code or any other legislation prohibiting a non-Kuwaiti from engaging in trade in Kuwait requires restorinCivil Matters — Volume 11 · Source page ٦١
  11. Principle 269The obligation to render equivalent performance. Its direct source. The rule of unjust enrichment. - An unjust enrichment action. Is time-barred upon the lapse of three years from the day on which the person who sufferedCivil Matters — Volume 11 · Source page ٦٢
  12. Principle 270The nullity or annulment of a contract entails restoring the contracting parties to the position they occupied upon contracting, unless the law provides otherwise. If this is impossible. Equivalent performance may be ordCivil Matters — Volume 11 · Source page ٦٢
  13. Principle 271Inadmissibility of new claims on appeal. The ground may be changed while retaining the original claim. Example concerning equivalent performance. - Awarding equivalent performance or compensation as a result of unjust enCivil Matters — Volume 11 · Source page ٦٢
  14. Principle 272A void contract produces no effect. It is regarded as such from the time of its conclusion. The consequence of this: restoring the contracting parties to the position they occupied before contracting whenever this is feaCivil Matters — Volume 11 · Source page ٦٢
  15. Principle 273Following the payment-order procedure. Its condition. That the debt be a sum of money, evidenced in writing, due for payment and of a specified amount. Absence of any of these conditions. Its effect. Following the ordinaCivil Matters — Volume 11 · Source page ٦٢
  16. Principle 274Default interest, whether statutory or contractual. Its prerequisite. The debt whose payment the debtor delayed must arise from a commercial obligation or act. The debt being civil in nature, its effect: claiming interesCivil Matters — Volume 11 · Source page ٦٣
  17. Principle 275Enrichment without lawful cause at another’s expense. Its effect. The enriched person’s obligation, within the limits of his enrichment, to compensate the other person so as to remove his loss. The other person may not hCivil Matters — Volume 11 · Source page ٦٣
  18. Principle 276Nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition contained in the Commercial Code or any other legislation. Its implication. Everything must be restored to its original state, and each coCivil Matters — Volume 11 · Source page ٦٣
  19. Principle 277Nullity of a contract. Extinguishes it from the time of its conclusion and removes every effect of its performance. Its consequence. Restoring everything to its original state and each contracting party recovering what iCivil Matters — Volume 11 · Source page ٦٣
  20. Principle 278Nullity of the contract. Its effect. Its annihilation from the time of its conclusion, so that every effect of its performance disappears if it has been performed. The consequence thereof. Restoring the thing to its origCivil Matters — Volume 11 · Source page ٦٣
  21. Principle 279The nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition contained in the Commercial Code or any other legislation prohibiting him from engaging in trade in Kuwait. Its consequence. RestoringCivil Matters — Volume 11 · Source page ٦٤
  22. Principle 280Nullity of a contract. Its effect: its non-existence from the time of its conclusion and the elimination of every effect of its performance. Its consequence: restoring everything to its original state and each contractinCivil Matters — Volume 11 · Source page ٦٤
  23. Principle 281The obligation of equivalent performance. Its direct source. The rule of unjust enrichment.Civil Matters — Volume 11 · Source page ٦٤
  24. Principle 282Nullity or annulment of a contract. Its effect. Its non-existence from the time of its conclusion, treating its performance as though it had not occurred, and restoring the situation to what it was at the time of contracCivil Matters — Volume 11 · Source page ٦٤
  25. Principle 283Termination of the contract for works due to impossibility of performance for a reason beyond either party's control. Its effect. Both parties' obligations are extinguished and the contract for works is automatically resCivil Matters — Volume 11 · Source page ٦٥
  26. Principle 285Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied upon contracting. Impossibility of this. The permissibility of ordering equivalent performance. Article 187,Civil Matters — Volume 11 · Source page ٦٥
  27. Principle 286Establishment that one party was not enriched at the expense of the other, whose estate at the same time was not impoverished by the consideration for use claimed. Its effect: that claim has no basis.Civil Matters — Volume 11 · Source page ٦٥
  28. Principle 287Granting industrial licences for the purpose of establishing any new industrial or industrial craft establishment or undertaking any measure concerning an existing one. Its condition: the person granted the licence must Civil Matters — Volume 11 · Source page ٦٥
  29. Principle 288The nullity or annulment of a contract. Its effect: extinguishing the contract from its conclusion, treating its performance—if any—as though it had not occurred, and restoring the contracting parties to the position theCivil Matters — Volume 11 · Source page ٦٦
  30. Principle 289Nullity or annulment of a contract. Its consequence. Restoration of the contracting parties to the position they occupied upon contracting, unless the law provides otherwise. Impossibility thereof. Its effect. An order fCivil Matters — Volume 11 · Source page ٦٦
  31. Principle 290A void contract produces no effect. It is considered such from the time of its conclusion. This requires: restoration of the contracting parties to the position they were in before contracting whenever feasible. If this Civil Matters — Volume 11 · Source page ٦٦
  32. Principle 291Nullity of the contract. Its implication. Its annihilation from the time of its conclusion, so that every effect of its performance disappears if it has been performed, requiring everything to be restored to its originalCivil Matters — Volume 11 · Source page ٦٦

  33. التعويض عن الضرر المادي

    Principle 292Nullity of the contract. Its effect. Extinguishing the contract from the time of its conclusion, so that the effect of its performance ceases if it has been performed. Consequently: restoring everything to its original sCivil Matters — Volume 11 · Source page ٦٦
  34. Principle 293Damage is an element of liability. The burden of proving it. Rests on the injured party. - Material damage resulting from death. The consideration therein. Proof that the deceased supported the injured party continuouslyCivil Matters — Volume 11 · Source page ٦٧
  35. Principle 296The heirs' right to a pension. An obligation owed by the Social Insurance Institution whose source is the law, except for the exceptional pension, whose source is the harmful act, whereas the basis of compensation is fauCivil Matters — Volume 11 · Source page ٦٧
  36. Principle 297Compensation for material damage. The condition for awarding it. Impairment of a financial interest of the injured party and certainty of the damage. - Material damage resulting from the death of the provider. Its criterCivil Matters — Volume 11 · Source page ٦٧
  37. Principle 298The criterion for awarding compensation for material harm. Infringement of a financial interest of the injured party and the harm being certain.Civil Matters — Volume 11 · Source page ٦٧
  38. Principle 299Material damage resulting from death. The prerequisite for its occurrence. Assessment of compensation for it. How this is done. Example of the absence of the prerequisite for compensation for material damage. - 67 - ObliCivil Matters — Volume 11 · Source page ٦٧
  39. Principle 300Assessment of compensation. A matter for the court of merits whenever its grounds exist and there is no statutory provision mandating particular criteria and methods in that respect. - Material and moral damage both suppCivil Matters — Volume 11 · Source page ٦٨
  40. Principle 301A contingent opportunity. Its loss may be counted as lost profit. The condition thereof. - Compensation for lost profit. Assessed in proportion to the probability of the opportunity materialising and according to the judCivil Matters — Volume 11 · Source page ٦٨
  41. Principle 303Compensation for material damage. The conditions for awarding it. The mere possibility of future damage is insufficient for awarding compensation. Prospective gain that is likely to occur. When it is considered such. An Civil Matters — Volume 11 · Source page ٦٨
  42. Principle 304An infringement of bodily integrity entails impairment of a right guaranteed by the Constitution and the law and constitutes material damage.Civil Matters — Volume 11 · Source page ٦٨
  43. Principle 305An award of compensation for material damage. Its prerequisite. Impairment of a financial interest of the injured party and certainty of the damage. Its falling upon the injured party. - Determining whether damage existsCivil Matters — Volume 11 · Source page ٦٨
  44. Principle 306Compensation for the injury itself. Does not preclude compensation for material and moral damage. Its assessment. Within the power of the judge of merits. Its condition. That the law contain no provision requiring particCivil Matters — Volume 11 · Source page ٦٨
  45. Principle 307Compensation for material damage. Its prerequisite. - The challenged judgment's conclusion that fault cannot be attributed to the first respondent until he submits the statement of account. Its import. That the action seCivil Matters — Volume 11 · Source page ٦٩
  46. Principle 308Material damage. Its nature: infringement of a legitimate interest of the injured party in his person or property, either by infringing an established right guaranteed to him by law or a financial interest of his. InfrinCivil Matters — Volume 11 · Source page ٦٩
  47. Principle 309A claim or defence submitted by a litigant before the court of merits whose determination may change the view taken in the action. The court must answer it with specific reasons. Contravention thereof. Invalidates its juCivil Matters — Volume 11 · Source page ٦٩
  48. Principle 310Awarding compensation for material damage. Its condition: impairment of a financial interest of the injured party and that the damage be certain, having actually occurred or being inevitable in the future. - AscertainingCivil Matters — Volume 11 · Source page ٦٩
  49. Principle 311Compensation for material damage resulting from another person's death. Its condition. Proof that the deceased was supporting him continuously and permanently at the time of death and that the prospect of continued suppoCivil Matters — Volume 11 · Source page ٦٩
  50. Principle 312Compensation for material damage. Its condition. Impairment of a financial interest of the injured party and that the damage has actually occurred or its occurrence in the future is inevitable. - Establishment of materiaCivil Matters — Volume 11 · Source page ٧٠
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