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. الوكالة والنظام العام

    Principle 3832The general rule is that agency terminates upon the death of the principal or agent or the loss of capacity by either. The reason: personal considerations are taken into account in choosing the agent. - Legal transactionCivil Matters — Volume 11 · Source page 752
  2. Principle 3833Termination of agency upon the death of either party. Not considered a matter of public policy. An agreement in the agency contract itself or in a subsequent contract that the heirs shall replace the agent in the event oCivil Matters — Volume 11 · Source page 752
  3. Principle 3834Agency is a revocable contract. The implication thereof. The principal may dismiss his agent at any time or restrict his agency, even if it is fixed for a specified term, unless the agency is in the agent’s interest. ThiCivil Matters — Volume 11 · Source page 752
  4. Principle 3835The principal's right to dismiss his agent at any time. An agreement to the contrary is impermissible. The condition thereof: the dismissal must be justified.Civil Matters — Volume 11 · Source page 753
  5. Principle 3836Agency is a revocable contract. The consequence. The principal may dismiss his agent at any time and may restrict his agency even before completion of the entrusted work or expiry of its specified term. This concerns pubCivil Matters — Volume 11 · Source page 753
  6. Principle 3837Sale of an undivided share in vacant land for which no subdivision decision has been issued, before obtaining prior permission from the municipality. Absolutely void, and the court shall so rule of its own motion. ImplicCivil Matters — Volume 11 · Source page 753
  7. Principle 3838Official form is necessary for the establishment of limited liability companies, for any partner's assignment of his share therein, and for the power of attorney granted to another to conclude them. Failure to complete tCivil Matters — Volume 11 · Source page 754
  8. Principle 3839Foreign companies. The legislature prohibited them from establishing a branch in Kuwait or conducting commercial business except after obtaining a licence from the Ministry of Commerce and Industry. Conditions for issuinCivil Matters — Volume 11 · Source page 754
  9. Principle 3840Constitution of proceedings. The condition for its validity. They must be initiated by, or directed against, a party having capacity to litigate, whether upon commencement of the proceedings or appeal against the judgmenCivil Matters — Volume 11 · Source page 754
  10. Principle 3841The general rule is termination of agency upon the death of the principal or the agent or loss of capacity by either. Article 716 of the Civil Code. - Termination of agency upon the death of either party. Is not a matterCivil Matters — Volume 11 · Source page 754
  11. Principle 3842Practice of the legal profession. Restricted to persons holding Kuwaiti nationality except within the limits of the exception provided by Article 17 of Law 42 of 1964 concerning the regulation of the legal profession, asCivil Matters — Volume 11 · Source page 755
  12. Principle 3843Giving effect to a void contract. Contrary to public policy. Reason therefor: where the legislature prescribes a particular form for a contract, it is valid only in that form. Meaning thereof. Official form is mandatory Civil Matters — Volume 11 · Source page 755

  13. تقدير أجر الوكيل

    Principle 3844The memorandum of association of a limited liability company or any amendment thereto. Requirement that it be embodied in an official instrument. Contravention thereof. Its effect. Absolute nullity. Reason: it is a matteCivil Matters — Volume 11 · Source page 755
  14. Principle 3845Voluntary payment of the agency remuneration after its performance, or agreement thereon with the agent after performance of the agency. Its effect: the judge may not amend it by reduction or increase. The reason therefoCivil Matters — Volume 11 · Source page 755
  15. Principle 3846Remunerated agency and gratuitous agency. The nature of the agent's obligation in each.Civil Matters — Volume 11 · Source page 755
  16. Principle 3847The general rule is that a contract agent is entitled to remuneration for transactions concluded by the principal or another person in the area allocated to the agent’s activity. The basis for this. Articles 277, 278 of Civil Matters — Volume 11 · Source page 755
  17. Principle 3848Inferring whether a contracting party has performed his obligation or not, and assessing the agent’s remuneration. Matters of fact. Their assessment. Within the trial court’s discretion.Civil Matters — Volume 11 · Source page 756

  18. انتهاء الوكالة

    Principle 3849An agreement concluded by a lawyer to determine his fees for the judicial or non-judicial work entrusted to him as a percentage of the value of the relief sought in the action, of what is awarded therein, or of the non-jCivil Matters — Volume 11 · Source page 756
  19. Principle 3850The agency contract. A revocable contract. It may be terminated at the will of either party and expires as soon as notice of dismissal reaches the agent. This is not altered by the specified term not having expired, or bCivil Matters — Volume 11 · Source page 756
  20. Principle 3851Agency. Its termination from the time the agent learns of the ground for termination. The implication thereof. The effects of acts undertaken by the agent before acquiring knowledge accrue to the principal.Civil Matters — Volume 11 · Source page 756
  21. Principle 3853Termination of agency upon the bankruptcy of the agent or principal. Exception for the principal's bankruptcy if the agent or another has an interest in its continuation. Article 613 of the Commercial Code. - The ship's Civil Matters — Volume 11 · Source page 757
  22. Principle 3854Agency. Its nature. The effect of a disposition entered into by the representative accrues to the principal for whose account it is made. The agent has authority only in the matters specified therein. When agency terminaCivil Matters — Volume 11 · Source page 757
  23. Principle 3855Termination of the lawyer’s agency. Its effect. He is obliged to return the power-of-attorney instrument and original documents to his client even if he has not received his fees. He may only retain them until the latterCivil Matters — Volume 11 · Source page 757
  24. Principle 3856Agency terminates upon the death of the principal or the agent or the loss of capacity of either. - The principal may at any time dismiss his agent or restrict his agency even if there is an agreement to the contrary. - Civil Matters — Volume 11 · Source page 757
  25. Principle 3857Termination of agency. Its criterion. Completion of the work, expiry of its term, or the death of the agent or principal. The basis thereof. An example.Civil Matters — Volume 11 · Source page 758
  26. Principle 3860The rule is that agency terminates upon the death of the principal or agent or the loss of capacity of either. The reason: personal considerations govern the choice of agent. - Legal dispositions undertaken by the agent Civil Matters — Volume 11 · Source page 758
  27. Principle 3861The company’s board of directors. Its competence to manage the company. Its members are agents of the general assembly of shareholders for carrying out management activities. Termination of agency upon the expiry of the Civil Matters — Volume 11 · Source page 758

  28. عزل الوكيل

    Principle 3863The principal’s right to dismiss the agent at any time unless the agency was granted in the interest of the agent or a third party, in which case its termination or restriction without the consent of the person in whose Civil Matters — Volume 11 · Source page 759
  29. Principle 3866Contract 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. Effect. His obligation to comCivil Matters — Volume 11 · Source page 759
  30. Principle 3867Agency. How it terminates: by informing the agent of the reason for termination. - Dismissal or replacement of the agent. It takes effect only from the time he learns thereof. Implication. The effects of legal acts perfoCivil Matters — Volume 11 · Source page 760
  31. Principle 3868Impermissibility of dismissing the agent or restricting an agency granted in the interest of the agent or a third party. Article 717 Civil Code. Example.Civil Matters — Volume 11 · Source page 760
  32. Principle 3869Agency is a revocable contract. The consequence thereof. The principal may dismiss the agent at any time or restrict the agency, even if it is set for a specified term, unless the agency is in the agent's interest. This Civil Matters — Volume 11 · Source page 760
  33. Principle 3871Agency is a non-binding contract. Its implication. The principal may dismiss his agent at any time and may restrict his agency even before completion of the work entrusted to him or expiry of its specified term. This relCivil Matters — Volume 11 · Source page 760
  34. Principle 3873Agency granted in the interest of the agent or a third party. The principal may not in this case dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted. ArticlCivil Matters — Volume 11 · Source page 761
  35. Principle 3874A lawyer is an agent whose relationship with his principal is governed by the provisions on agency stipulated in the Civil Code in matters for which no provision is made in the Legal Profession Law. - Agency is a non-binCivil Matters — Volume 11 · Source page 761

  36. وديعة

    Principle 3876The agency contract is revocable. The principal may dismiss the agent at any time. This is a matter of public policy. No agreement to the contrary is permissible. Article 717/1, Civil Code. - Termination of agency upon tCivil Matters — Volume 11 · Source page 762
  37. Principle 3877Applying the rules of tortious liability where a contractual relationship exists is not permissible unless fraud or gross fault is present. - Asserting the existence of a deposit of necessity within a contractual relatioCivil Matters — Volume 11 · Source page
  38. Principle 3878The cash deposit or bank guarantee lodged by the shipping agent. Its purpose. Securing enforcement of judgments issued against carriers. Its rule applies from the entry into force of the Maritime Commerce Law.Civil Matters — Volume 11 · Source page
  39. Principle 3879The essential obligation in a deposit contract. The depositary's obligation of safekeeping. - The general rule is that a deposit is without remuneration. In this case, the depositary is obliged to exercise the care he exCivil Matters — Volume 11 · Source page
  40. Principle 3880A deposit of necessity does not arise as long as a contractual relationship exists. The basis thereof. - 762 - DepositCivil Matters — Volume 11 · Source page
  41. Principle 3881Prohibition on exchange companies engaging in banking business, including acceptance of cash deposits. Article 2 of the Minister of Finance's Decision of 19/3/84. The generality of this provision. Its implication. Its ruCivil Matters — Volume 11 · Source page
  42. Principle 3882Money exchange companies are prohibited from accepting cash deposits and opening current accounts. Current account. Its nature. Its condition.Civil Matters — Volume 11 · Source page
  43. Principle 3883The bank deposit and the deposit allocated to a specific task. The nature of each. - When the contract ceases to be a bank deposit regarded as a loan under which the bank acquires ownership of the money, so that it assumCivil Matters — Volume 11 · Source page
  44. Principle 3886The general rule is the bank’s obligation to return a money deposit in the same type of currency deposited, and return of the deposit on demand does not preclude the depositor’s right to dispose of his credit balance or Civil Matters — Volume 11 · Source page
  45. Principle 3887The bank deposit and the deposit earmarked for a particular purpose. Their nature. The bank’s authority in relation to each. - 763 - DepositCivil Matters — Volume 11 · Source page
  46. Principle 3888Prohibition on a non-Kuwaiti engaging in trade individually. Exceptions thereto: funds deposited by a non-Kuwaiti with banks and companies and agreements he concludes with them to invest his funds and deal in foreign curCivil Matters — Volume 11 · Source page
  47. Principle 3889Bank deposit. A contract granting 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. - Deposit earmarked for a specific task. Its defiCivil Matters — Volume 11 · Source page
  48. Principle 3890The legislature's specification of the activities that exchange companies are licensed to conduct and its prohibition on their conducting banking business, including accepting bank deposits. The Minister of Finance's decCivil Matters — Volume 11 · Source page
  49. Principle 3891A deposit of money. An irregular deposit unless there is evidence to the contrary. Its difference from a deposit of valuables as regards ownership and its transfer. The effect thereof. The depositary's obligation to retuCivil Matters — Volume 11 · Source page
  50. Principle 3892A special law may not be disregarded in order to apply a general law. Example concerning the impermissibility of invoking the Civil Code provisions concerning the deposit contract and disregarding the provisions of ArticCivil Matters — Volume 11 · Source page
PreviousPage 69 of 83Next