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

Search this collection

  1. التزامات المستأجر

    Principle 3325Inferring the creditor’s express or tacit waiver of the express rescission clause. A matter of fact for the trial judge, provided it is based on reasonable grounds established in the papers and leading to the conclusion Civil Matters — Volume 11 · Source page 653
  2. Principle 3326The arrival of the due date for rent. The lessor must go to the lessee’s domicile to demand payment unless there is an agreement or custom providing otherwise. His failure to do so and the lessee’s insistence that paymenCivil Matters — Volume 11 · Source page 654

  3. القانون الواجب التطبيق

    Principle 3328The lessees’ joint and several liability for their contractual obligations. Its effect. Their indivisibility even if not expressly stipulated in the contract. It is sufficient to infer it implicitly from the contractual Civil Matters — Volume 11 · Source page 654
  4. Principle 3331The provisions of the Lease Law do not apply to a lease of premises together with assets contained therein whose importance exceeds that of the leased property. The determining factor is ascertaining the intention of theCivil Matters — Volume 11 · Source page 655
  5. Principle 3332Applicability of Lease Law 35 of 1978 to the lease contract. The determining consideration is ascertaining the contracting parties' intention.Civil Matters — Volume 11 · Source page 655
  6. Principle 3333Applicability or inapplicability of Rent Law No. 35 of 1978 to a lease of premises including tangible or intangible assets. Its criterion. Ascertainment of the contracting parties' intention.Civil Matters — Volume 11 · Source page 655
  7. Principle 3334A lease contract's inclusion of substantial terms unusual in ordinary leases is a legal presumption that its parties intended to create a contract different from a lease. The provisions of the Commercial Code apply to itCivil Matters — Volume 11 · Source page 655
  8. Principle 3335Real Estate Rent Law No. 35/1978. Cases in which a lease contract falls outside this scope. The lease of a commercial establishment is not subject to this Law. The reason for this.Civil Matters — Volume 11 · Source page 656
  9. Principle 3336The contract's inclusion of essential terms unfamiliar in an ordinary lease. Its effect. Its exclusion from the scope of application of Law No. 35/78 concerning the Leasing of Real Estate. Determining which terms are famCivil Matters — Volume 11 · Source page 656
  10. Principle 3337Lands situated outside the general planning boundary are owned by the State. Art. 1, Law 8/69. The rules governing the leasing of these lands and their nature.Civil Matters — Volume 11 · Source page 656
  11. Principle 3338The rule that the effect of nullity does not operate retroactively in a lease contract. It does not apply if the subject matter of the contract is prohibited and its exploitation is unlawful. An example.Civil Matters — Volume 11 · Source page 656
  12. Principle 3339The provisions of the Commercial Code or other legal provisions apply, rather than the provisions of Real Property Leasing Law 35/1978, if the purpose of the contract is merely speculation to achieve a financial profit.Civil Matters — Volume 11 · Source page 656
  13. Principle 3340Termination of a time-bound administrative contract upon expiry of its term does not confer on the party contracting with the administration a right to compensation therefor. The reason therefor. A lease of State propertCivil Matters — Volume 11 · Source page 656
  14. Principle 3341Law No. 35/1978 concerning Real Estate Leasing. What falls outside its scope of application. Leases containing essential conditions uncommon in ordinary leases. The criterion for identifying those conditions. - 656 - LeaCivil Matters — Volume 11 · Source page 656
  15. Principle 3342Law 35/78 concerning Real Estate Leases. What falls outside its scope of application. Leases containing essential terms unusual in ordinary leases. - Assessment of the extent to which the contract contains essential termCivil Matters — Volume 11 · Source page 657
  16. Principle 3343A lease covering premises together with assets therein that outweigh the leased premises in importance, according to the contracting parties’ intention and the purpose of the lease. Necessary consequence. Application of Civil Matters — Volume 11 · Source page 657
  17. Principle 3344A lease concerning premises whose rent is determined with regard to tangible and intangible factors far exceeding the importance of the premises themselves, such as benefiting from a trade name or licence or other considCivil Matters — Volume 11 · Source page 657
  18. Principle 3345A lease falling outside the provisions of Law 35/1978. Its implication. Application of the Commercial Code or other law, as the case may be. - Ascertaining the true nature of the relationship and its inclusion of essentiCivil Matters — Volume 11 · Source page 657
  19. Principle 3347A lease intended merely for speculation to achieve a financial profit. The provisions of Decree-Law 35/1978 do not apply to it except insofar as the parties agree. The condition for this. No contravention of public policCivil Matters — Volume 11 · Source page 657
  20. Principle 3348A lease containing essential terms uncommon in ordinary leases, or intended merely for speculation to achieve material profit. Its exclusion from the scope of application of the Real Estate Lease Law.Civil Matters — Volume 11 · Source page 658
  21. Principle 3349The determining factor in the application or non-application of the provisions of the Real Estate Leasing Law to a lease of premises is ascertaining the contracting parties’ intention to determine whether the contents ofCivil Matters — Volume 11 · Source page 658
  22. Principle 3350Law No. 35 of 1978 concerning Real Estate Leases. What falls outside its scope of application. - Interpretation of contracts and assessment of the extent to which a contract contains essential terms unusual in ordinary lCivil Matters — Volume 11 · Source page 658
  23. Principle 3351Application of the provisions of Law 35 of 1978 concerning real estate leases to real estate, including vacant land leased for residential purposes. Exception for agricultural land and contracts containing material termsCivil Matters — Volume 11 · Source page 658
  24. Principle 3352A lease containing substantial terms unusual in an ordinary lease. Its exclusion from the scope of application of Law 35/1978 concerning the leasing of real estate. The reason: these terms constitute a legal presumption Civil Matters — Volume 11 · Source page 658
  25. Principle 3353Contracts containing essential conditions unusual in an ordinary lease. They fall outside the scope of application of the provisions of Decree-Law 35 of 1978 concerning Real Property Leases. Article 1 thereof. Its effectCivil Matters — Volume 11 · Source page 658
  26. Principle 3354Lease contracts containing essential conditions unusual in an ordinary lease, or intended for speculation to realize a profit, or concerning property and assets contained therein whose importance exceeds that of the leasCivil Matters — Volume 11 · Source page 659
  27. Principle 3355Issuance of a judgment in an action claiming rent under a lease contract, awarding the amount claimed. That judgment's determination of a fundamental issue, namely the applicability of Law 35 of 1978 concerning Real PropCivil Matters — Volume 11 · Source page 659
  28. Principle 3356Law 35 of 1978 concerning the lease of real estate. Does not apply to lease contracts in certain cases, including contracts containing substantial terms unusual in ordinary leases. The reason for this. Such terms constitCivil Matters — Volume 11 · Source page 659
  29. Principle 3357A lease intended for speculation to achieve financial profit. The provisions of the Rent Law do not apply to it. Its subjection to the provisions of the Commercial Code or other provisions, as the case may be. An exampleCivil Matters — Volume 11 · Source page 660
  30. Principle 3358Engaging in commerce is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the Gulf CooperatCivil Matters — Volume 11 · Source page 660
  31. Principle 3359Law No. 35/1978 concerning the Leasing of Real Estate. What falls outside its scope of application. - Interpreting and construing contracts, ascertaining the true relationship and the intent of the contract, and assessinCivil Matters — Volume 11 · Source page 660
  32. Principle 3360Law No. 35 of 1978 concerning Real Property Leases. What falls outside its scope of application. - Ascertaining what the contracting parties intended by their contract and assessing the extent to which it contains essentCivil Matters — Volume 11 · Source page 660
  33. Principle 3362Real Estate Lease Law. It excluded from its scope of application lease contracts in certain circumstances which it set out within a rule governing them. - Interpreting and construing contracts, ascertaining the true relaCivil Matters — Volume 11 · Source page 661
  34. Principle 3363Law No. 35 of 1978 concerning real estate leases. What falls outside its scope of application. - Interpreting and construing contracts, ascertaining the true relationship between the parties and their intention in the coCivil Matters — Volume 11 · Source page 661
  35. Principle 3364Exclusion of a lease from the scope of application of the Real Estate Leasing Law. Its effect. Application of the general rules of the Civil Code. Example.Civil Matters — Volume 11 · Source page 662
  36. Principle 3365A lease containing essential terms unusual in ordinary leases. Falls outside the scope of application of Law 35 of 1978 concerning Real Estate Leases. The reason for this: these terms constitute a legal presumption that Civil Matters — Volume 11 · Source page 662
  37. Principle 3366A lease contract containing essential conditions unusual in an ordinary lease. Its exclusion from the scope of application of the provisions of Law 35 of 1978 concerning the lease of immovable property. The reason for thCivil Matters — Volume 11 · Source page
  38. Principle 3367Decree-Law No. 35/1987 concerning leases of real property. What falls outside its scope of application. - Interpretation of contracts and assessment of the extent to which a contract contains essential terms unusual in aCivil Matters — Volume 11 · Source page
  39. Principle 3368Law 35 of 1978 concerning Real Property Leases. It does not apply to lease contracts in certain cases, including contracts containing essential conditions unusual in an ordinary lease. Reason for this. These conditions cCivil Matters — Volume 11 · Source page
  40. Principle 3369The provision in Article 1 of Law 35 of 1978. Its import: contracts containing essential terms unusual in ordinary leases fall outside the regime of application of this Law. The provisions of the Commercial Law or other Civil Matters — Volume 11 · Source page
  41. Principle 3370Decree-Law 35/1978 concerning the Leasing of Real Estate. Contains provisions exceptional to the general provisions of the Law of Procedure, including the permissibility of litigants appearing in person or through personCivil Matters — Volume 11 · Source page
  42. Principle 3372A dispute falling within the jurisdiction of the Rentals Circuit of the Court of First Instance. Its criterion. - 663 - LeaseCivil Matters — Volume 11 · Source page
  43. Principle 3373Jurisdiction of the Lease Circuit of the Court of First Instance to hear the dispute presented. Its criterion. This jurisdiction concerns public policy. The effect thereof.Civil Matters — Volume 11 · Source page
  44. Principle 3374The Lease Division has jurisdiction only where the dispute relates to a provision of Decree-Law 35/1978 concerning a lease relationship. - A claim for an order to repay what was collected in enforcement of an arbitral awCivil Matters — Volume 11 · Source page
  45. Principle 3375Jurisdiction of the Tenancy Circuit pursuant to Decree-Law 35/1978. Its criterion. What falls outside this jurisdiction. An example: an action for recourse by the payer against the debtor and a subrogation action are basCivil Matters — Volume 11 · Source page
  46. Principle 3376The conditions necessary for a contract to be considered administrative: that one of its parties is a public legal person and contracts in its capacity as a public authority. That it relates to the activity of a public sCivil Matters — Volume 11 · Source page
  47. Principle 3377Jurisdiction of the Rental Circuit. Its criterion. The dispute relates to a provision of Decree-Law 35/1978, which does not apply to contracts containing unusual essential terms, intended for speculation, or concerning rCivil Matters — Volume 11 · Source page
  48. Principle 3380The Rentals Circuit of the Court of First Instance. Its jurisdiction over disputes relating to leases. Exceptions to this jurisdiction. - An appeal in cassation against a judgment rendered in a dispute falling within theCivil Matters — Volume 11 · Source page
  49. Principle 3381Jurisdiction of the Rentals Circuit of the Court of First Instance. Its criterion. The Rentals Circuit may examine the true nature of the legal relationship to determine whether or not it has jurisdiction to hear the disCivil Matters — Volume 11 · Source page
  50. Principle 3382A contract leasing a commercial establishment and its licence for operation for the same licensed purpose, containing exceptional terms unusual in a lease contract. A dispute concerning it falls outside the scope of applCivil Matters — Volume 11 · Source page
PreviousPage 60 of 83Next