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. وكالة العقود

    Principle 3770Contract agency. Its definition. The limits of the contract agent’s task are determined according to the agreement.Civil Matters — Volume 11 · Source page 739
  2. Principle 3771Contract agency. Its nature. Commission agency. Its definition and effects. - Commission agency and contract agency. The criterion for distinguishing between them. - The criterion for characterizing a contract and determCivil Matters — Volume 11 · Source page 739
  3. Principle 3772The legislature regulating a particular subject. Its necessary consequence. No recourse to the general rules concerning it. The exception. The special regulation of commercial contract agency containing a provision permiCivil Matters — Volume 11 · Source page 740
  4. Principle 3773Determining whether or not a legal rule concerns public policy. A question of law subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. They Civil Matters — Volume 11 · Source page 740
  5. Principle 3774Disputes arising from a contract agency agreement. Jurisdiction over them. The court within whose district the place of performance of the contract is situated, as an exception to the rules of jurisdiction. The reason foCivil Matters — Volume 11 · Source page 740
  6. Principle 3775The legislature’s treating a distribution contract under which the trader alone undertakes to promote and distribute the products of an industrial or commercial establishment in a specified territory as a contract agencyCivil Matters — Volume 11 · Source page 740
  7. Principle 3776Contract agency. Its nature: a contract whereby a person undertakes, on a continuing basis within a specified area of activity, to seek to promote and negotiate the conclusion of transactions in the principal’s interest,Civil Matters — Volume 11 · Source page 740
  8. Principle 3777Disputes arising from a contract agency agreement. The court within whose district the place of its performance lies has jurisdiction to hear disputes relating thereto, as an exception to the jurisdictional rules set outCivil Matters — Volume 11 · Source page 741
  9. Principle 3778Commission agency and contract agency. Their nature and the difference between them. - Characterization of the contract, whether it is a commission agency or a contract agency, and determination of the rights of its partCivil Matters — Volume 11 · Source page 741
  10. Principle 3780The legislature's regulation of contracts agency in the Commercial Code in a manner different from that contained in the general provisions on commercial agencies in Law 36 of 1964. Its effect. Proof thereof in writing sCivil Matters — Volume 11 · Source page 741
  11. Principle 3781Contract agency. Its nature: a contract whereby a person undertakes, on a continuing basis within a specified area of activity, to solicit and negotiate the conclusion of transactions in the principal's interest, or to cCivil Matters — Volume 11 · Source page 741
  12. Principle 3783Contract agency and equivalent contracts of common interest. The principal may not dismiss the agent and terminate his contract unless the agent has committed a fault. Contravention thereof. His obligation to compensate Civil Matters — Volume 11 · Source page 742
  13. Principle 3787Contract agency is a form of commercial agency. Its nature. It is a contract whereby a person undertakes, on a continuing basis within a specified area of activity, to seek the conclusion of contracts in the interest of Civil Matters — Volume 11 · Source page 742
  14. Principle 3788The distribution contract. Its nature: a contract under which a merchant undertakes to promote and distribute the products of an industrial or commercial establishment in a specified area on condition that he is their soCivil Matters — Volume 11 · Source page 743

  15. الوكالة بالعمولة

    Principle 3789Contract agency. Its nature: a contract whereby a person undertakes, on a continuing basis, to endeavor within a specified area of activity to conclude transactions in the principal’s interest for remuneration, or its reCivil Matters — Volume 11 · Source page 743
  16. Principle 3790Including in a memorandum in the joined action and in the notice of appeal that the appellant contracted in her own name with the carrier and for the respondent's account. Its treatment as an extrajudicial admission. ItsCivil Matters — Volume 11 · Source page 743
  17. Principle 3791Non-recognition of an unregistered agency. It applies to the contracting parties, not to third parties, who may establish the existence of the capacity of commission agent by all means of proof.Civil Matters — Volume 11 · Source page 743
  18. Principle 3793Commission agency. Its nature. Non-disclosure of the principal’s name does not entail alteration of the effects of agency. The condition therefor. The determining factor in characterizing the type of agency contract. It Civil Matters — Volume 11 · Source page 744
  19. Principle 3794Commission agency. Its definition. And its effects. - The commission agent is the person with capacity to be sued in actions concerning transactions he concludes in his own name.Civil Matters — Volume 11 · Source page 744
  20. Principle 3797Commission agency for carriage. Its nature: a contract whereby the agent undertakes to contract, in his own name or in his principal’s name, with a carrier for the carriage of a thing or person to a specified destinationCivil Matters — Volume 11 · Source page 744

  21. الوكالة في عمليات البنوك

    Principle 3798Commission agency and contract agency. Their nature and the distinction between them. - Characterisation of the contract, whether it is a commission agency or a contract agency, and determination of the rights of its parCivil Matters — Volume 11 · Source page 744
  22. Principle 3799Bank deposit. Its definition, what distinguishes it from a deposit earmarked for a specific task, and when the depositary assumes the position of an agent whose primary obligation is to safeguard the money.Civil Matters — Volume 11 · Source page 745
  23. Principle 3800Authorizing the bank to collect the amount of the cheque. It is subject to the agency provisions contained in the Civil Code, supplemented by banking custom. - The agent's appointment of a substitute. Impermissible excepCivil Matters — Volume 11 · Source page 745
  24. Principle 3801Appointing a bank as agent to collect the value of a cheque is governed by the agency provisions of the Civil Code, supplemented by banking custom. - An agent authorized to delegate without designation of the substitute'Civil Matters — Volume 11 · Source page 745

  25. وكالة مصدرها القانون

    Principle 3802A bank deposit. A contract conferring on the bank ownership of the money and the power to dispose of it according to its needs, with an obligation to return it to the depositor. - A deposit earmarked for a specific task.Civil Matters — Volume 11 · Source page 746
  26. Principle 3803Social Insurance Institution. The Director General’s authorization of employees working therein to appear before the courts and plead on its behalf. Agency whose source is the law. Article 8/1 of Law 61 of 1976.Civil Matters — Volume 11 · Source page 746

  27. وكالة الشريك على الشيوع عن باقي الشركاء

    Principle 3804The Public Institution for Social Security. Its Director General represents it in its relations with third parties and before the judiciary. Employees of the Institution whom he authorizes may appear before the courts anCivil Matters — Volume 11 · Source page 746

  28. وكالة السفن

    Principle 3805A co-owner in indivision. An agent for the other co-owners in what he undertakes in administering the common property. - The general rule is that agency is gratuitous. Ship agency:Civil Matters — Volume 11 · Source page 746
  29. Principle 3806Ship agency activities may be undertaken only by a Kuwaiti. On condition that he is entered in the register of the Ministry of Communications. The rationale thereof. An agency existing despite the absence of registrationCivil Matters — Volume 11 · Source page 746
  30. Principle 3807Regulation of the practice of ship agency activities. Article 139 of the Maritime Commercial Code. It does not affect the rules governing the formation of that agency, the grounds for its termination or the manner of proCivil Matters — Volume 11 · Source page 747
  31. Principle 3808The ship's agent is the legal representative of the maritime carrier in actions arising from the contract of carriage. The effect thereof.Civil Matters — Volume 11 · Source page 747
  32. Principle 3809The ship's agent. An agent for the maritime carrier in actions arising from maritime carriage. Joining him as a defendant suffices for the action to be considered brought against the proper party, without the need to joiCivil Matters — Volume 11 · Source page 747
  33. Principle 3810The deposit placed by the ship’s agent with a bank as security for enforcement of judicial judgments rendered against the maritime carrier. Decree-Law 28/1980. Its operation from the date of its entry into force, not froCivil Matters — Volume 11 · Source page 747
  34. Principle 3811The deposit or bank guarantee which the ship’s agent is required to lodge with a bank. Prescribed to secure enforcement of judgments rendered against the maritime carrier since the Maritime Commercial Law came into forceCivil Matters — Volume 11 · Source page 747
  35. Principle 3812The regulation of the practice of ship agency contained in the Maritime Commercial Law is intended to enable persons concerned to enforce judgments rendered in their favour against foreign carriers. This regulation does Civil Matters — Volume 11 · Source page 747
  36. Principle 3813It is sufficient that the ship's maritime agent's agency be established under the general rules for those having an interest in the cargo to have the right to implead him as representative of the carrier and in the enforCivil Matters — Volume 11 · Source page 748
  37. Principle 3814The ship's agent is considered the representative of the maritime carrier in actions arising from maritime carriage operations brought by or against it in the locality in which the agent's headquarters are situated.Civil Matters — Volume 11 · Source page
  38. Principle 3815The ship's agent represents the carrier in actions brought by or against it. Absence of liability of the latter. Its consequence. Absence of liability of the former. - Joining the ship's agent as a party in actions arisiCivil Matters — Volume 11 · Source page
  39. Principle 3816The ship's agent represents the maritime carrier in actions arising from maritime transport operations which are brought by or against it in the locality where the agent's headquarters are situated. Absence of liability Civil Matters — Volume 11 · Source page
  40. Principle 3817The ship’s agent. He represents the sea carrier in actions arising from maritime transport operations brought by or against it in the locality where the agent’s office is situated. Joining him as a defendant suffices forCivil Matters — Volume 11 · Source page
  41. Principle 3818The agency of the ship’s maritime agent. Proof thereof under the general rules suffices to entitle persons interested in the cargo to implead him as the carrier’s representative and to enforce judicial judgments. The shiCivil Matters — Volume 11 · Source page
  42. Principle 3819The loading and unloading contractor and the cargo agent have the right to invoke the short limitation period for actions arising from the activities of each of them. The basis thereof. Agency granted in the agent’s inteCivil Matters — Volume 11 · Source page
  43. Principle 3823The husband's appointment of the wife or another person as agent to effect divorce. Its permissibility under the Ja'fari school. This is not altered by the condition constituting a restriction on the principal. UnconditiCivil Matters — Volume 11 · Source page
  44. Principle 3824General agency. Its nature. Its effect: the agent has capacity only for acts of administration. - Special agency. Its nature. - Acts of administration admit of both general and special agency. Dispositions falling outsidCivil Matters — Volume 11 · Source page
  45. Principle 3825The husband has the right to authorise another to divorce. The meaning thereof. - Determining the extent of the agency. Within the authority of the court of merits. The condition for this. - Issuance of a power of attornCivil Matters — Volume 11 · Source page
  46. Principle 3826Proof that the agent exceeded the limits of his agency, which did not include the right to pronounce divorce. Its consequence. The divorce pronounced by the agent is not recognized. - 750 - AgencyCivil Matters — Volume 11 · Source page
  47. Principle 3827The validity of an agency requires that the principal have capacity to perform the transaction for which he has appointed another as agent. Article 699, Civil Code. - A sick man's divorce of his wife—in Maliki jurisprudeCivil Matters — Volume 11 · Source page
  48. Principle 3828Formation of a limited liability company or any amendment thereto. Requirement that it be embodied in an authentic instrument. The reason: it is a matter of public policy. Contravention thereof. Non-existence of the contCivil Matters — Volume 11 · Source page
  49. Principle 3829A lawyer’s agency. Its formation, termination and all its other rules are subject to the general rules concerning agency in the Civil Code, except for what is contained in Law 42 of 1964 and its amendments concerning theCivil Matters — Volume 11 · Source page
  50. Principle 3830Termination of agency upon the death of either party. Not a matter of public policy. Its implication: an agreement that the heirs replace the agent in the event of his death is permissible. - The appellants maintaining bCivil Matters — Volume 11 · Source page
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