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. الطعن في الحكم

    Principle 3436The impermissibility of challenging judgments rendered in tenancy disputes by the Tenancy Circuit of the Court of Appeal. Its nature. Its criterion.Civil Matters — Volume 11 · Source page 677
  2. Principle 3437Judgments issued by the Court of Appeal concerning leases of immovable property and compensation arising therefrom that fall within the jurisdiction of the Rentals Circuit of the Court of First Instance. They may not be Civil Matters — Volume 11 · Source page 677
  3. Principle 3438Judgments rendered in tenancy disputes by the Tenancy Circuit of the Court of Appeal. The impermissibility of challenging them. Its criterion. Their determination of a tenancy dispute requiring application of a provisionCivil Matters — Volume 11 · Source page 678
  4. Principle 3439The inadmissibility of cassation appeals against judgments issued in rental disputes by the Court of Appeal that fall within the jurisdiction of the Rental Circuit of the Court of First Instance. An example concerning thCivil Matters — Volume 11 · Source page 678
  5. Principle 3440The impermissibility of challenging judgments rendered in lease disputes. Its prerequisite.Civil Matters — Volume 11 · Source page 678
  6. Principle 3441Judgments issued by the Court of Appeal concerning disputes relating to the leasing of real estate and compensation arising therefrom, over which the Rentals Circuit of the Court of First Instance has jurisdiction, may nCivil Matters — Volume 11 · Source page 678
  7. Principle 3442Judgments issued by the Court of Appeal in lease disputes falling within the jurisdiction of the Lease Circuit of the Court of First Instance. They may not be challenged by cassation. An example of a judgment issued by tCivil Matters — Volume 11 · Source page 679

  8. بطلان عقد الإيجار

    Principle 3443Impermissibility of challenging judgments rendered in lease disputes by the Lease Circuit of the Court of Appeal. Its criterion: that the Circuit has determined a lease dispute whose determination requires application ofCivil Matters — Volume 11 · Source page 679
  9. Principle 3444A judgment annulling the Municipality's two decisions refusing to renew a bakery licence and awarding compensation. The basis of this compensation. The Municipality's two wrongful decisions, as the fundamental issue contCivil Matters — Volume 11 · Source page 679
  10. Principle 3445The rule that nullity does not operate retroactively in contracts of successive performance, such as leases. Exception thereto: where the subject matter of the contract is prohibited because it contravenes public policy.Civil Matters — Volume 11 · Source page 679
  11. Principle 3446An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, solely within the limits of what has been appealed. A new ground may be added while the original claim remains unchangedCivil Matters — Volume 11 · Source page 679

  12. هلاك المأجور أو تلفه

    Principle 3447The requirement of an interest is the basis for the admissibility of an appeal. Its absence in a ground of challenge. Its consequence is that the ground is ineffectual and inadmissible. An example concerning the invalidiCivil Matters — Volume 11 · Source page 680
  13. Principle 3448Destruction of the leased property for a cause attributable to neither contracting party. Its effect. Dissolution of the contract by operation of law. Partial destruction for a cause not attributable to the lessee. The lCivil Matters — Volume 11 · Source page 680
  14. Principle 3449Destruction of or damage to the leased property. The lessee is not liable for it if it occurred through a fault for which he is not liable.Civil Matters — Volume 11 · Source page 680
  15. Principle 3450Total destruction of the leased property during the lease term for a cause attributable to neither contracting party. Its effect. Dissolution of the contract by operation of law. The reason for this. The disappearance ofCivil Matters — Volume 11 · Source page 680
  16. Principle 3451Total destruction of the leased property. Its effect. Automatic dissolution of the lease. This applies equally whether destruction is attributable to force majeure, the lessor's fault, the lessee's fault or a third partyCivil Matters — Volume 11 · Source page 680
  17. Principle 3452A claim for rent. Its difference from a claim to determine responsibility for the destruction of the leased property. Failure to maintain the second claim before the court of first instance firmly and expressly. Its consCivil Matters — Volume 11 · Source page 680
  18. Principle 3453The existence of damage to or destruction of the leased property. A presumption that it occurred through the tenant’s fault unless the absence of that fault is established. The burden of proving its absence. Upon the tenCivil Matters — Volume 11 · Source page 681

  19. مقاولة

    Principle 3454The lessee's obligation to exercise the care of an ordinary person in using and preserving the leased property and returning it in the condition in which he received it, except for destruction or damage it may have sustaCivil Matters — Volume 11 · Source page 681
  20. Principle 3455The administration requiring a public works contractor to select particular materials. Its effect.Civil Matters — Volume 11 · Source page 682
  21. Principle 3456A contracting party’s right to refrain from performing his obligation if the other contracting party does not perform what he has undertaken. A general rule applicable to both parties to a contract for works. - The emploCivil Matters — Volume 11 · Source page 682
  22. Principle 3457The contractor’s delay in performing the contract does not in itself indicate that he bears a delay penalty.Civil Matters — Volume 11 · Source page 682
  23. Principle 3458The contractor is obliged to perform the work in accordance with the terms of the works contract. Whether or not the contractor completed the work in this manner is a material fact. It may be proved by all means of proofCivil Matters — Volume 11 · Source page 682
  24. Principle 3460A subcontractor’s recourse against the employer. Condition. The employer must be indebted to the main contractor.Civil Matters — Volume 11 · Source page 682
  25. Principle 3462The existence or absence of fault on the part of the employer that excludes the contractor’s liability. A matter of fact independently assessed by the court of merits, provided it bases its judgment on reasonable groundsCivil Matters — Volume 11 · Source page 682
  26. Principle 3463An increase or decrease in the costs of the work. It has no effect on the extent of the obligations arising from the contract for work: it is not permissible—682—Contract for Work—for the contractor, when costs increase,Civil Matters — Volume 11 · Source page 682
  27. Principle 3465The general rule is the absence of a direct relationship between the employer and the subcontractor. The latter may claim from him what he owes to the main contractor by an indirect action. The exception. - A direct actiCivil Matters — Volume 11 · Source page 683
  28. Principle 3466The debtor’s failure to perform his obligation. Its effect. The creditor’s right to obtain judicial authorization to perform it at the debtor’s expense. - The contractor’s performance of his obligation defectively or conCivil Matters — Volume 11 · Source page 683
  29. Principle 3467Prohibition on a non-Kuwaiti engaging in commerce unless he has a Kuwaiti partner holding at least 51% of the capital. The rationale for this prohibition. Its connection with public policy. Violation of this prohibition Civil Matters — Volume 11 · Source page 683
  30. Principle 3468The subcontractor's indirect action against the employer to claim what the latter owes to the main contractor. Protection of the subcontractor from competition with the main contractor and his creditors. The means of thiCivil Matters — Volume 11 · Source page 684
  31. Principle 3469Assignment of a right. Its conditions, limitation period and effect upon transfer of the right constituting its subject matter. - The main contractor’s right against the employer. Its transfer to the assignee legally encCivil Matters — Volume 11 · Source page 684
  32. Principle 3470The contractor’s obligation to erect a building. An obligation to achieve a result. When he is discharged from it. What is insufficient in this regard.Civil Matters — Volume 11 · Source page 684
  33. Principle 3471The contractor's obligation. An obligation to achieve a result. Its nature: the building remaining sound for ten years. Proof of breach of this obligation. Its manner. The contractor's warranty. What it covers.Civil Matters — Volume 11 · Source page 684
  34. Principle 3472The contract must be performed in accordance with the requirements of good faith and honourable dealing. - The contractor’s obligation is an obligation to achieve a result. His failure to deliver the work in full at the Civil Matters — Volume 11 · Source page 684
  35. Principle 3473A subcontractor has a direct action against the employer for what is due to the subcontractor from the main contractor. The condition therefor. That the employer owe a debt to the main contractor arising from the contracCivil Matters — Volume 11 · Source page 685
  36. Principle 3474The subcontractor’s direct action against the employer and the preferential right established for him over amounts owed by the employer to the principal contractor. Jurisdiction to hear it falls outside the jurisdiction Civil Matters — Volume 11 · Source page 685
  37. Principle 3476The contractor's responsibility for completing the work within the agreed period. When it has no basis. - Inferring the employer's fault which excludes the contractor's liability for delay in performance, or negating it.Civil Matters — Volume 11 · Source page
  38. Principle 3477Payment by the employer discharging his liability towards the main contractor. Its condition. That the subcontractor be a creditor of the main contractor.Civil Matters — Volume 11 · Source page
  39. Principle 3478Determining the existence or absence of fault by the employer or the main contractor in his capacity as employer, by which the contractor's liability for delay in performance is removed. Falls within the authority of theCivil Matters — Volume 11 · Source page
  40. Principle 3479The subcontractor and workers working for the principal contractor in carrying out the work may claim directly against the employer - 685 - Contract for Work what is due to them from the principal contractor, within the Civil Matters — Volume 11 · Source page
  41. Principle 3480The subcontractor’s recourse against the employer. Its condition. That the employer owes a debt to the main contractor under the main contractor’s contract at the time the subcontractor brings the direct action against hCivil Matters — Volume 11 · Source page
  42. Principle 3481The subcontractor. A party to the contract for works and a creditor who claims, within the limits of the remuneration owed to him by the main contractor and the accessories to that remuneration, against the debtor party,Civil Matters — Volume 11 · Source page
  43. Principle 3482The contractor may entrust performance of the work in whole or in part to a subcontractor if he is not prevented from doing so by a term in the contract or the nature of the work is such that the contractor's identity isCivil Matters — Volume 11 · Source page
  44. Principle 3483The contractor's warranty for the buildings or structures he has erected. The duration of this warranty and what it covers.Civil Matters — Volume 11 · Source page
  45. Principle 3484The subcontractor may bring an action against the employer for a judgment ordering him to pay the default interest due to the subcontractor from the main contractor. The basis thereof. Article 982 of the Civil Code. The Civil Matters — Volume 11 · Source page
  46. Principle 3485The subcontractor’s workers have a right of direct action against the main contractor for what is owed to them by the subcontractor. The condition thereof: that the main contractor owe a debt to the subcontractor.Civil Matters — Volume 11 · Source page
  47. Principle 3486A non-Kuwaiti engaging in commerce in Kuwait. Is not permissible except through a Kuwaiti partner or partners holding at least 51% of the total capital. The reason for this. Determining the nature of the work. A matter fCivil Matters — Volume 11 · Source page
  48. Principle 3487A creditor may assign to another the right he holds against his debtor, unless this is prohibited by a provision of law, an agreement between the contracting parties, or the nature of the obligation. - The transfer of thCivil Matters — Volume 11 · Source page
  49. Principle 3488The employer and the subcontractor. No contractual relationship links them. The effect thereof. The latter may claim from the former what he owes to the main contractor by an indirect action. He also has a direct action Civil Matters — Volume 11 · Source page
  50. Principle 3489The contractor discovering defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Its effect. He must notify the employer thereof, otherwise he is liable for all consCivil Matters — Volume 11 · Source page
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