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. الوكالة الظاهرة

    Principle 3710Apparent agency. Conditions for its establishment: the agent acts in the principal’s name without representative authority. Good faith on the part of the person dealing with the agent, irrespective of the agent’s good faCivil Matters — Volume 11 · Source page 728
  2. Principle 3711Establishment that the apparent agent is a non-Kuwaiti prohibited from engaging in commerce and for his own account or owning a commercial establishment. And that his signing the papers of the establishment he representsCivil Matters — Volume 11 · Source page 728
  3. Principle 3712An agent's contracting without an agency or beyond its limits. The effect of the transaction does not extend to the principal unless he ratifies it. - The theory of apparent agency. Its implication. Binding the agent by Civil Matters — Volume 11 · Source page 729
  4. Principle 3713Apparent agency. Its effect and the conditions for its existence. An example of a reasonable inference of its existence.Civil Matters — Volume 11 · Source page 729
  5. Principle 3714Ascertaining the existence or absence of agency. Within the authority of the court of merits. - Apparent agency. The conditions for its application and the effect of their fulfilment.Civil Matters — Volume 11 · Source page 729
  6. Principle 3716Apparent agency. The factual existence of an appearance of agency despite its being contrary to the truth. It produces, for third parties acting in good faith, the same effects as actual agency. Kuwaiti law's adoption ofCivil Matters — Volume 11 · Source page 729
  7. Principle 3717Ascertaining the existence or absence of apparent agency. A matter of fact. Exclusively for the court of merits, provided its conclusion is reasonable. - Existence of apparent agency. It produces the same effects as actuCivil Matters — Volume 11 · Source page 729
  8. Principle 3718Creation of a commercial instrument in discharge of a prior obligation gives rise to a new obligation, namely the negotiable-instrument obligation, alongside the original obligation. The creditor may have recourse againsCivil Matters — Volume 11 · Source page 729
  9. Principle 3721The existence of apparent agency produces the same consequences as actual agency. The conditions thereof.Civil Matters — Volume 11 · Source page 730
  10. Principle 3722Apparent agency. Its effect. It produces the same effects as actual agency. - Apparent agency. Conditions for its establishment: the agent acts in the principal's name without authority of representation, the person dealCivil Matters — Volume 11 · Source page 730
  11. Principle 3723Apparent agency. Conditions for its establishment: the agent acts in the principal's name without authority of representation; the person dealing with the agent acts in good faith, irrespective of the agent's good faith;Civil Matters — Volume 11 · Source page 730
  12. Principle 3724The doctrine of apparent agency. Among its conditions: that the agent act in the principal’s name and not for his personal account.Civil Matters — Volume 11 · Source page 730
  13. Principle 3725The general rule is that transactions concluded by an agent outside the scope of an agency are not effective against the principal unless the latter ratifies them. The exception. The apparent agent is considered a represCivil Matters — Volume 11 · Source page 730
  14. Principle 3726Although inferring or negating apparent agency is a factual matter within the exclusive competence of the court of merits, this is conditional upon its basing its ruling on sound reasons. - 730 - AgencyCivil Matters — Volume 11 · Source page 730
  15. Principle 3727The existence or absence of apparent agency. A matter of fact within the sole authority of the trial court. The condition therefor.Civil Matters — Volume 11 · Source page 731
  16. Principle 3729Apparent agency. The justifications for recognizing it and the conditions for its existence. - The existence or absence of apparent agency. A question of fact independently determined by the court of merits.Civil Matters — Volume 11 · Source page 731
  17. Principle 3730Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his disposition with third parties, in rights and obligations, accrue to the principal. The reasCivil Matters — Volume 11 · Source page 731
  18. Principle 3732Apparent agency, when established, entails the same consequences as actual agency as between the principal and third parties. What is required for its realization. - Inferring the existence of apparent agency. A matter oCivil Matters — Volume 11 · Source page 731
  19. Principle 3733The apparent agent. His dealings with third parties in the principal’s name. Their effect. Binding the principal by his act, including its rights and obligations. The conditions for this: that the act be in the principalCivil Matters — Volume 11 · Source page 732
  20. Principle 3734Conditions that must be met in apparent agency for it to produce the effects of actual agency. Their nature. - Inferring the existence or absence of apparent agency, examining evidence and documents, assessing expert repCivil Matters — Volume 11 · Source page 732
  21. Principle 3736The existence of apparent agency produces the same consequences as actual agency between the principal and third parties. The requirements for its establishment. - The existence or absence of the conditions necessary forCivil Matters — Volume 11 · Source page 732
  22. Principle 3738A person acting as agent for another without having established authority to represent him, either because such authority does not exist or because his disposition exceeds its limits. Its implication. The effects of his Civil Matters — Volume 11 · Source page 733

  23. الوكالة المستترة

    Principle 3739The existence of apparent agency entails the consequences entailed by actual agency. The conditions for this. - Inferring or negating the existence of apparent agency. Within the authority of the court of merits. For thaCivil Matters — Volume 11 · Source page 733
  24. Principle 3740Agency through an interposed person. Its condition. The agent’s non-disclosure of the name of the principal for whose account he acts.Civil Matters — Volume 11 · Source page 733
  25. Principle 3741The agent dealing with third parties in his own name. This does not alter the agency relationship existing between him and his principal.Civil Matters — Volume 11 · Source page 733
  26. Principle 3742Agency through an interposed person. Its nature. The contracting party therein has the choice of recourse against the agent or the principal. When recourse must be had against the principal. - 733 - AgencyCivil Matters — Volume 11 · Source page 733
  27. Principle 3743Undisclosed agency. Produces in relation to the principal all the legal effects produced by disclosed agency, so that the effect of the contract concluded by the agent extends to the principal and to the person contractiCivil Matters — Volume 11 · Source page 734
  28. Principle 3744Agency may be disclosed and may be concealed. Concealed agency. Its nature. - Concealed agency produces the same legal effects as disclosed agency. The implication of this.Civil Matters — Volume 11 · Source page 734
  29. Principle 3745The agent’s failure to disclose his capacity as a representative when concluding the contract. Type of this agency. Undisclosed agency through the agent’s lending his name to the principal. Effect of this agency.Civil Matters — Volume 11 · Source page 734
  30. Principle 3747The agent's failure, when concluding the contract, to disclose his capacity as a representative. Type of this agency. Undisclosed agency whereby the agent lends his name to the principal. Effect of this agency. - The repCivil Matters — Volume 11 · Source page 734
  31. Principle 3748A stipulation in the power of attorney containing authorization to sell that it is irrevocable, or its being notarized. Does not preclude proving the simulated nature of its contents.Civil Matters — Volume 11 · Source page 734

  32. وكالة التأمين

    Principle 3749The characterization of the relationship governing the two parties to an agency depends on what the trial court finds to be the truth from the facts and circumstances presented to it. - The general rule is that the agentCivil Matters — Volume 11 · Source page 734
  33. Principle 3750The insurance agent. His work is performed in the name and for the account of the insurance company he represents, not in his own name.Civil Matters — Volume 11 · Source page 735
  34. Principle 3751The special regulation governing insurance agents. Its requirement that the agent be registered in the commercial register at the Chamber of Commerce does not preclude the valid formation of an agency actually exercised Civil Matters — Volume 11 · Source page 735

  35. وكالة بالسمسرة

    Principle 3752The law’s requirement that insurance agents be registered with the Chamber of Commerce and the Commercial Register. It does not prevent the valid formation of an agency actually exercised despite the absence of this regiCivil Matters — Volume 11 · Source page 735

  36. الوكالة العقارية

    Principle 3753A broker is an agent commissioned by one contracting party to mediate with the other contracting party to complete a transaction between them for remuneration due - 735 - Agency to him pursuant to an express or implied aCivil Matters — Volume 11 · Source page 735
  37. Principle 3754The seller issuing a real estate power of attorney to the purchaser and delivering the title deed to him. The latter may issue similar powers of attorney to third parties. The final purchaser’s registration of the contraCivil Matters — Volume 11 · Source page
  38. Principle 3756Commercial agency. Its exercise is confined to persons of Kuwaiti nationality. Failure to register it. Its effect. An action concerning it shall not be heard.Civil Matters — Volume 11 · Source page
  39. Principle 3757Printing, publishing, journalism, radio and television broadcasting, transmission of news and images or advertisements, and sale of books. Commercial activities regardless of the capacity or intention of the person underCivil Matters — Volume 11 · Source page
  40. Principle 3758Bringing goods covered by the agency into the agent’s area of operation during the agency’s term through channels other than the agent, with the intention of trading in them. Unlawful commercial competition against the aCivil Matters — Volume 11 · Source page
  41. Principle 3759Bringing goods bearing the original producer's mark, for which the local agent has exclusivity, into his area of operation or that of the distributor during the term of his agency and other than through him, for the purpCivil Matters — Volume 11 · Source page
  42. Principle 3760Establishing a branch of a foreign company in Kuwait or its conducting commercial business. Its condition. That it have a Kuwaiti agent and conduct the business through him. Proof that it conducted the business itself. ICivil Matters — Volume 11 · Source page
  43. Principle 3761An unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1994 concerning the regulation of commercial agencies(*).Civil Matters — Volume 11 · Source page
  44. Principle 3762Termination of agency upon the death of either party. Not a matter of public policy. The consequence: an agreement that the heirs replace the agent upon his death is permissible. - The appellants' contention before the cCivil Matters — Volume 11 · Source page
  45. Principle 3763Contract agency is a form of commercial agency. Its nature. It is a contract under which a person undertakes, on a continuing basis, to pursue the conclusion of contracts in a specified area of activity for the benefit oCivil Matters — Volume 11 · Source page
  46. Principle 3764Distribution contract. Its nature: a trader’s undertaking to promote and distribute the products of an industrial or commercial establishment in a particular area, and its treatment as a contract agency provided that he Civil Matters — Volume 11 · Source page
  47. Principle 3765Law 36 of 1964 concerning the regulation of commercial agencies(*). Its inclusion of the general provisions governing those agencies. Effect. The rule that an unregistered agency is not recognised and that an action concCivil Matters — Volume 11 · Source page
  48. Principle 3766Foreign companies. Impermissibility of establishing a branch thereof in the State of Kuwait. Conducting their commercial business therein through a Kuwaiti natural or legal person. Article 24 of the Commercial Law. - TheCivil Matters — Volume 11 · Source page
  49. Principle 3767Commercial contracts agency. An ordinary agency. The agent therein is merely a representative of the principal. The effect thereof. The effects of the transaction accrue directly to the principal. A direct relationship aCivil Matters — Volume 11 · Source page
  50. Principle 3769Determining whether a legal rule relates to public order or not. A question of law. Subject to review by the Court of Cassation. - The rules contained in the new Commercial Law for the protection of contract agents. ConsCivil Matters — Volume 11 · Source page
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