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. حراسة

    Principle 3893A judgment requiring the Enforcement Department to pay the judgment creditor the adjudged amount deposited with it by the Public Authority for Compensation. It is regarded, in substance, as issued against that Authority.Civil Matters — Volume 11 · Source page 765
  2. Principle 3894Placing a person under judicial receivership and prohibiting him from disposing of his property. Consequence: divesting him of the power to administer and dispose of that property, and he has no right to litigate concernCivil Matters — Volume 11 · Source page 765
  3. Principle 3895A litigant's plea that he has been placed under receivership and his request to join the receiver as a party to the action, without his opponent disputing this. The judgment's dismissal of this defence on the ground thatCivil Matters — Volume 11 · Source page 765
  4. Principle 3896Prohibiting a person from disposing of his property and placing it under judicial receivership. Its effect. He lacks capacity to be a plaintiff or defendant in relation thereto. The person with capacity is the judicial rCivil Matters — Volume 11 · Source page 765
  5. Principle 3897Judicial sequestration. Jurisdiction to impose and terminate it. Belongs originally to the Court of Urgent Matters, and to the court of merits if raised as ancillary to the substantive action.Civil Matters — Volume 11 · Source page 765
  6. Principle 3898The Institution for the Settlement of Forward Transactions in Company Shares. Its appointment as judicial receiver over the assets of the referred debtor. Its acquisition of capacity to represent him before the courts. ECivil Matters — Volume 11 · Source page 765
  7. Principle 3899An action to replace the receiver. Its basis is criticism directed at his administration or his person, and it does not affect the underlying right.Civil Matters — Volume 11 · Source page 766
  8. Principle 3900The custodian of a thing is the person who has actual control over it, whether or not such control is based on a lawful right. Its non-transfer to the subordinate. The reason for this.Civil Matters — Volume 11 · Source page 766
  9. Principle 3901Issuance of a judgment imposing judicial receivership. Effect. Divesting the owner of the thing of the power to administer it and discharge his debts and obligations, preventing him from litigating concerning it, and vesCivil Matters — Volume 11 · Source page 766
  10. Principle 3902Decision of the Arbitration Panel for Forward Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for Settlement of Forward Transactions in Company Shares as receiver theCivil Matters — Volume 11 · Source page 766
  11. Principle 3903Prohibiting a person from disposing of his property. Its import. Depriving him of its administration and disposition, and he has no right to litigate concerning it. The receiver is the person with capacity to represent hCivil Matters — Volume 11 · Source page 766
  12. Principle 3904Issuance of a receivership judgment. Its effect. The receiver becomes the person entitled to administer the property placed under receivership, safeguard its rights, and litigate concerning it.Civil Matters — Volume 11 · Source page 766
  13. Principle 3905The requirement that the interested parties agree on the appointment of the custodian and termination of custodianship. Relates to consensual custodianship, not judicial custodianship. - Appointment of a judicial custodiCivil Matters — Volume 11 · Source page 766
  14. Principle 3906The person having capacity to represent a person placed under judicial receivership. Is the judicial receiver.Civil Matters — Volume 11 · Source page 767
  15. Principle 3907The general rule is that sequestration is remunerated unless the sequestrator has accepted to undertake it gratuitously. - In judicial sequestration, the judge fixes the remuneration. What he takes into account in doing Civil Matters — Volume 11 · Source page 767
  16. Principle 3908The custodian's relinquishment of his task of preserving or administering the property placed under custodianship to one of the co-owners in undivided ownership. This is not permissible unless all of them consent. The raCivil Matters — Volume 11 · Source page 767
  17. Principle 3911Custody. Its definition. Actual control over a thing on a legal or factual basis. Establishing its existence. A question of fact exclusively for the trial court. The condition for this.Civil Matters — Volume 11 · Source page 767
  18. Principle 3912Assessing the existence of the elements constituting custody and ascertaining the fault giving rise to liability for compensation. A matter for the court of merits.Civil Matters — Volume 11 · Source page 767
  19. Principle 3913Judicial receivership authorizes the receiver to undertake only acts of management. - Imposition of receivership does not prejudice the property owner's right to undertake all acts connected with it. Its meaning. It has Civil Matters — Volume 11 · Source page 767
  20. Principle 3914Issuance of a receivership judgment. Its effect. The receiver becomes the person entitled to administer the property under receivership, safeguard its rights against third parties and litigate concerning it.Civil Matters — Volume 11 · Source page 768
  21. Principle 3915The judicial receiver is the sole person having capacity to represent the person subjected to receivership.Civil Matters — Volume 11 · Source page 768
  22. Principle 3916An action for judicial sequestration. The court having jurisdiction over it. The Court of Urgent Matters. - Bringing an independent action for judicial sequestration before the court hearing the merits. Not permissible. Civil Matters — Volume 11 · Source page 768
  23. Principle 3917Imposition of judicial sequestration. Its effect: the sequestrator is deemed the representative of the person concerned by operation of law. The sequestrator’s standing is established immediately upon issuance of the judCivil Matters — Volume 11 · Source page 768
  24. Principle 3918Receivership. Its nature. Placing disputed property in the hands of a trustee for safekeeping and administration where its remaining in the hands of its possessor would threaten with danger a person claiming a right therCivil Matters — Volume 11 · Source page 768
  25. Principle 3919Receivership is a temporary conservatory measure. Implication. The receiver represents the interested parties in carrying out acts for the preservation of the assets under receivership and the attendant limited acts of dCivil Matters — Volume 11 · Source page 768
  26. Principle 3920Orders on petitions. Their issuance is impermissible in cases where no special provision authorizes their issuance. The absence of a provision in the Civil Code, the Commercial Code, or the Code of Procedure permitting rCivil Matters — Volume 11 · Source page 769
  27. Principle 3921Liability of the custodian of things. Its basis. Fault in custody presumed to have been committed by the custodian and not admitting proof to the contrary. Proof by the custodian that he committed no fault or exercised tCivil Matters — Volume 11 · Source page 769
  28. Principle 3922The sequestrator’s remuneration. Part of the costs of the action. Its assessment is made by an order on petition from the judge of urgent matters who appointed him. The assessment order and the judgment issued on the griCivil Matters — Volume 11 · Source page 769
  29. Principle 3923Issuance of a receivership judgment. Its effect. The receiver becomes the person entitled to administer the property subject to receivership. His obligation to preserve the property he receives, taking account of its natCivil Matters — Volume 11 · Source page 770
  30. Principle 3924Liability for damage caused by dangerous things. For liability to arise, it is sufficient that the damage resulting from the thing derives from its very nature or situation characterised by danger in terms of exposing peCivil Matters — Volume 11 · Source page 770

  31. كفالة

    Principle 3925Judicial receivership. Its basis is the existence of a dispute over property threatened by danger. It has no effect on the property owner's civil capacity in matters outside the judicial receiver's duties and authority. Civil Matters — Volume 11 · Source page 771
  32. Principle 3926The creditor's addition, through his fault, of securities for the debtor. Discharge of the surety from these securities. Protection of the interest of the surety, who is bound in another's interest. Its implication. The Civil Matters — Volume 11 · Source page 771
  33. Principle 3927A guarantee of the debt of an insane person or a minor. Valid. The condition for this: the guarantor must know of the guaranteed person’s deficient capacity. The reason for this: the guarantee in this case is a gratuitouCivil Matters — Volume 11 · Source page 771
  34. Principle 3928Suretyship under the Commercial Law. Its nature. It is permissible to proceed against the surety rather than the debtor in the first instance. Proceeding against either does not extinguish the claim against the other. - Civil Matters — Volume 11 · Source page 771
  35. Principle 3929The right of the surety providing real security to invoke defenses relating to the debtor alongside his own defenses, even if the debtor has waived them.Civil Matters — Volume 11 · Source page 772
  36. Principle 3930Securities allocated to secure a debt. The creditor's obligation to preserve them, taking into account the guarantor's interest. Discharge of the guarantor to the extent of the securities lost. Its condition.Civil Matters — Volume 11 · Source page 772
  37. Principle 3932A surety, whether jointly and severally liable or not, may invoke his discharge from the debt to the extent of the security allocated to repayment of the debt that the creditor may have lost through his fault. The conditCivil Matters — Volume 11 · Source page
  38. Principle 3933The jointly and severally liable surety. May not plead that recourse must first be had against the debtor or that the debtor's assets must first be exhausted. If he pays the debt, he may have recourse against the remainiCivil Matters — Volume 11 · Source page
  39. Principle 3934Transactions concerning company shares concluded on deferred terms. The arbitration panel has exclusive jurisdiction to determine disputes concerning them and the transactions resulting from them. The guarantor’s recoursCivil Matters — Volume 11 · Source page
  40. Principle 3935The creditor's recourse against the guarantor under a commercial guarantee. It does not require claiming against the debtor first. The implication thereof. He has the choice of claiming against either of them or both togCivil Matters — Volume 11 · Source page
  41. Principle 3936The existence or absence of suretyship. Within the authority of the trial court without review.Civil Matters — Volume 11 · Source page
  42. Principle 3937Commercial contract agency(*). Ordinary agency. The agent therein is merely a representative of the principal. The effects of the transaction accrue directly to the principal. The effect thereof. Establishment of a direcCivil Matters — Volume 11 · Source page
  43. Principle 3938Prohibiting a jointly and severally liable surety from travelling. Permissible if the conditions stipulated in Article 297 of the Code of Procedure are met. The basis thereof.Civil Matters — Volume 11 · Source page
  44. Principle 3940The surety’s failure to notify the debtor of his intention to pay before payment occurs does not extinguish his right of recourse against the debtor for what he paid to the creditor, unless the debtor proves that he had Civil Matters — Volume 11 · Source page
  45. Principle 3941Guarantee of a future obligation. Its effect. Restriction of the guarantee to its specified term. The guarantee contract must include the maximum amount for which the guarantor is liable. The guarantor’s failure to speciCivil Matters — Volume 11 · Source page
  46. Principle 3942The surety's right to request discharge of his liability if the creditor fails to take the measures that the surety formally notified him to take within three months of the date of the notice, unless the debtor provides Civil Matters — Volume 11 · Source page
  47. Principle 3943The surety’s formal notice to the creditor, upon maturity of the debt, to take proceedings against the debtor within three months from the date of notice. The creditor’s failure to take proceedings. Its effect. ExtinctioCivil Matters — Volume 11 · Source page
  48. Principle 3944The ship’s agent. His obligation to register in the register of maritime ship agents at the Ministry of Communications and to lodge a bank guarantee to secure enforcement of judicial judgments rendered against his princiCivil Matters — Volume 11 · Source page
  49. Principle 3945The surety whom the debtor is obliged to provide. Must be solvent and domiciled in Kuwait. If either of these conditions is absent. The debtor must provide another surety or sufficient security in rem if the creditor so Civil Matters — Volume 11 · Source page
  50. Principle 3946Suretyship. Its nature. The general rule is that the surety acts gratuitously. Exception. It is commercial if the surety guarantees a debt considered commercial in relation to the debtor. Effect thereof. It may be provedCivil Matters — Volume 11 · Source page
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