المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. كفالة

    Principle 3947The subject of proof is the legal fact giving rise to the obligation, not the obligation itself. The consequence thereof. A person alleging the existence of a commercial guarantee must prove its source. - Establishing orCivil Matters — Volume 11 · Source page 774
  2. Principle 3948The deposit or bank guarantee which the ship's agent is obliged to lodge with a bank. Its purpose. To secure enforcement of judgments rendered against the maritime carrier since the entry into force of the Maritime CommeCivil Matters — Volume 11 · Source page 774
  3. Principle 3949Regulation of the practice of ship agency contained in the Maritime Commercial Law. Its purpose. Enabling interested parties to enforce judgments obtained against foreign carriers. This regulation does not affect the proCivil Matters — Volume 11 · Source page 775
  4. Principle 3951The creditor's mere failure to take the requisite measures against the debtor when the debt falls due, or his delay in taking them, does not discharge the surety. The nature of these measures. Bringing an action demandinCivil Matters — Volume 11 · Source page 775
  5. Principle 3952Nullity or voidability of the guaranteed obligation. Its effect. The surety's obligation acquires the same character. The reason: the surety's obligation follows the principal obligation in validity and nullity. The exceCivil Matters — Volume 11 · Source page 775
  6. Principle 3953The cash deposit or bank guarantee deposited by the shipping agent. Its purpose. Securing the enforcement of judgments rendered against carriers. Its provision applies from the entry into force of the Maritime CommercialCivil Matters — Volume 11 · Source page 775
  7. Principle 3954Discharge of the surety to the extent of the security for the guaranteed debt lost through the creditor’s fault. The reason: the surety’s right to be subrogated to the creditor’s securities. The meaning of security for tCivil Matters — Volume 11 · Source page 776
  8. Principle 3955Guarantee of a future obligation. When it is valid. An example of a guarantee of a future obligation. - The subject matter of an obligation of a known amount at the time it arises. That whose amount is determined on fixeCivil Matters — Volume 11 · Source page 776
  9. Principle 3956Suretyship for a future obligation. Specification of its duration. Effect. The surety guarantees only obligations incurred by the debtor during that period. Condition therefor.Civil Matters — Volume 11 · Source page 776
  10. Principle 3957Suretyship. Its nature. Article 740, Civil Code. - The surety's obligation. An obligation accessory to the principal obligation. - Suretyship for personal appearance and suretyship for payment. The nature of each.Civil Matters — Volume 11 · Source page 776
  11. Principle 3958The guarantor's joint and several liability with the debtor. Its effect. The creditor may demand the debt from the guarantor alone. The creditor is not obliged to join the debtor as a party to the action when suing the gCivil Matters — Volume 11 · Source page 776
  12. Principle 3959The insurer under compulsory motor accident insurance and the liable person. Their obligation in respect of the same debt despite its different sources. The effect thereof. Their concurrent liability in discharging it. PCivil Matters — Volume 11 · Source page 776
  13. Principle 3963The jointly and severally liable guarantor. He 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 rCivil Matters — Volume 11 · Source page 777
  14. Principle 3965The extent of the surety’s obligation. The criterion for determining it. The secured obligation. The effect thereof. The surety is not liable for an amount greater than that owed by the principal debtor.Civil Matters — Volume 11 · Source page 777
  15. Principle 3966The guarantor's obligation. An unconditional obligation falling due as soon as the original obligation falls due. - Demanding payment from the debtor first. Unnecessary for the creditor's recourse against the guarantor uCivil Matters — Volume 11 · Source page 777
  16. Principle 3967Referral of the debtor in disputes concerning forward share transactions to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on a Forward Basis. Its condition. - Amicable settlementCivil Matters — Volume 11 · Source page 777
  17. Principle 3968The creditor’s causing, through his fault, the loss of securities to which the surety is entitled to be subrogated and on which he relied in guaranteeing the debtor. Its effect. The surety, whether jointly and severally Civil Matters — Volume 11 · Source page 778
  18. Principle 3970The creditor's recourse against the guarantor under a commercial guarantee. What is not required for it.Civil Matters — Volume 11 · Source page 778
  19. Principle 3972The surety's recourse against the debtor. Its prerequisite. He must have paid the debt to the creditor. The burden of proving this rests upon him.Civil Matters — Volume 11 · Source page 778
  20. Principle 3973Suretyship. Its nature. Independence of the suretyship contract from the original debt contract in its parties and subject matter. The effect thereof. The arbitration clause contained in the latter contract does not applCivil Matters — Volume 11 · Source page 778
  21. Principle 3974Issuance of a decision by the Judicial Fees Exemption Committee exempting the appellant from judicial fees. Its effect. Exemption of the appellant from depositing security for the appeal in cassation against the judgmentCivil Matters — Volume 11 · Source page 778
  22. Principle 3975The suretyship contract is consensual and the surety’s obligation under it is gratuitous. Consequence thereof. - The surety’s consent must be express. Recording consent in writing to make it express.Civil Matters — Volume 11 · Source page 779
  23. Principle 3976Performance is rendered by the very thing owed. The creditor and debtor may agree that performance shall be by something else in lieu of the debt. Effect thereof: extinguishment of the debt by substituted performance, diCivil Matters — Volume 11 · Source page 779
  24. Principle 3977Ascertaining and understanding the facts and inferring the existence of the guarantee. Within the authority of the trial court. Disputing this. A matter of merits that may not be raised before the Court of Cassation. An Civil Matters — Volume 11 · Source page 779
  25. Principle 3978The surety's obligation. Determining its extent. Within the authority of the court of merits, which may interpret documents, contracts and instruments.Civil Matters — Volume 11 · Source page 779
  26. Principle 3979The surety’s obligation. An obligation accessory to the principal obligation. - Suretyship is a contract whereby a person joins his liability to that of the debtor in performing an obligation incumbent upon the latter, bCivil Matters — Volume 11 · Source page 779
  27. Principle 3980The task of the Court of Cassation is confined to examining only what was presented to the court of merits. An example concerning the guarantor's failure to invoke before the court of merits the creditor's not having recCivil Matters — Volume 11 · Source page 779
  28. Principle 3981The surety’s joint and several liability with the debtor. Its effect. The creditor may demand the debt from the surety alone. The surety may not resist the demand by requiring prior recourse against the debtor or exhaustCivil Matters — Volume 11 · Source page 779
  29. Principle 3982The guarantor may request discharge of his liability if the creditor does not take proceedings against the debtor within three months from the date of the guarantor's notice to him, unless the debtor provides the guarantCivil Matters — Volume 11 · Source page 780
  30. Principle 3983The suretyship contract. Its nature. What suretyship entails. When the surety's liability is discharged and how he has recourse against the debtor.Civil Matters — Volume 11 · Source page 780
  31. Principle 3984The existence or absence of suretyship. A matter of fact independently determined by the trial court. - The prerequisite for the surety’s recourse against the debtor is that he has paid the debt to the creditor. The sureCivil Matters — Volume 11 · Source page 780
  32. Principle 3985The subordinate’s unlawful acts. The superior’s liability for them. That liability is based on the concept of a statutory guarantee. Its meaning: he is treated as a jointly and severally liable guarantor under a guaranteCivil Matters — Volume 11 · Source page 780
  33. Principle 3986The debtor’s refusal to choose the appropriate method of repayment does not prevent the jointly and severally liable surety from making that choice. - The customer’s failure to fulfil his obligations. Effect. The debt beCivil Matters — Volume 11 · Source page 780
  34. Principle 3987Suretyship. Its nature. The general rule is that the surety acts gratuitously, not speculatively. A surety guaranteeing a debt considered commercial in relation to the debtor. His obligation is commercial, like that of tCivil Matters — Volume 11 · Source page 780
  35. Principle 3989The debts which Law 41 of 1993 authorized the Central Bank of Kuwait to purchase. Their nature: debts granted by the entities specified therein to Kuwaiti customers and natural persons from the States of the Cooperation Civil Matters — Volume 11 · Source page 781
  36. Principle 3990Inferring the existence of a transfer and the creditor's approval thereof. A question of fact within the authority of the court of merits. Its condition. An example of the absence of a transfer of debt and its characteriCivil Matters — Volume 11 · Source page 781
  37. Principle 3991Discharge of the surety, whether jointly and severally liable or otherwise, because the creditor has lost the securities securing the guaranteed debt. Its prerequisite. The loss of the security must be attributable to thCivil Matters — Volume 11 · Source page
  38. Principle 3992The debtor’s bankruptcy and the creditor’s failure to lodge his debt in the bankruptcy. Its effect. Forfeiture of his right of recourse against the guarantor to the extent of what he would have recovered had he lodged hiCivil Matters — Volume 11 · Source page
  39. Principle 3993A guarantee is a gratuitous contract. It must be interpreted narrowly, without expansion, and in cases of doubt the contract is interpreted in the guarantor's favour. - Guaranteeing a future obligation. Permissible even Civil Matters — Volume 11 · Source page
  40. Principle 3994The surety under Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. He is deemed equivalent to the customer and is subject to the provisions regulated by its texts, includCivil Matters — Volume 11 · Source page
  41. Principle 3995The worker's failure to resort to the authority competent to issue the appropriate decision for transferring his sponsorship to another employer. His bringing an action directly seeking entitlement to transfer his resideCivil Matters — Volume 11 · Source page
  42. Principle 3998Multiple sureties for a single debt subject to the provisions of amended Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection, and its amendments. The effect. The amount of tCivil Matters — Volume 11 · Source page
  43. Principle 3999The suretyship contract. Its nature. - Statutory, joint and several, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debtor. - 782 - Suretyship - Suretyship. Civil Matters — Volume 11 · Source page
  44. Principle 4000Multiple guarantors for a single debt subject to Law 41 of 1993 and its amendments. This does not render any of them liable for the entire debt or a guarantor for the rest of his fellow guarantors, and the amount of the Civil Matters — Volume 11 · Source page
  45. Principle 4001The absence of a special provision in Book Two of the Commercial Law concerning discharge of the surety. Its import. The general provisions on obligations in the Civil Code apply to him. The reason therefor. - The creditCivil Matters — Volume 11 · Source page
  46. Principle 4002Guarantee contract. Its nature. - Statutory, judicial or commercial guarantee. The guarantors therein are jointly and severally liable among themselves and with the debt. - Commercial guarantee. The guarantors therein arCivil Matters — Volume 11 · Source page
  47. Principle 4004An appeal in cassation. The appellant must deposit the prescribed security within the time limit and then lodge the notice of appeal with the court registry, accompanied by proof of the deposit of the security. Failure tCivil Matters — Volume 11 · Source page
  48. Principle 4005What a guarantee requires: the existence of a principal obligation of the debtor and the guarantor’s obligation accessory to that obligation. - A guarantor who has paid the debt has a right of recourse against the debtorCivil Matters — Volume 11 · Source page
  49. Principle 4006Application of the general provisions on obligations in the Civil Code where no special provision exists. The Commercial Law’s omission of special provisions concerning the extent of discharge of the surety in certain caCivil Matters — Volume 11 · Source page
  50. Principle 4007The surety's obligation follows that of the principal debtor in its validity and invalidity. The condition for the validity of suretyship and the creation of an obligation on the surety to guarantee the secured obligatioCivil Matters — Volume 11 · Source page
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