المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

Search this collection

  1. - الوكالة الظاهرة

    Principle 163Apparent agency. Its effect and the conditions for its establishment. An example of a reasonable inference that it exists.Pleadings — Part Three · Source page 33
  2. Principle 164Inferring the existence or absence of agency. Within the authority of the court of merits. - 33 - Civil Procedure - Apparent agency. The conditions for its application and the effect of their fulfilment.Pleadings — Part Three · Source page 33
  3. Principle 166Apparent agency. The factual existence of an appearance of agency despite its being contrary to the truth. It produces, in relation to third parties acting in good faith, the same effects as actual agency. Kuwaiti law's Pleadings — Part Three · Source page 34
  4. Principle 167Inferring the existence or absence of apparent agency. A matter of fact. Within the exclusive province of the court of merits where the inference is reasonable. - The existence of apparent agency. Entails the same conseqPleadings — Part Three · Source page 34
  5. Principle 168Creating a commercial instrument in payment of a prior obligation results in the creation of a new obligation, namely the negotiable-instrument obligation, alongside the underlying obligation. The creditor may have recouPleadings — Part Three · Source page 34
  6. Principle 170The existence of apparent agency produces the same consequences as actual agency. The conditions therefor.Pleadings — Part Three · Source page 34
  7. Principle 171Apparent agency. Its effect. It produces the same consequences as actual agency. - Apparent agency. Conditions for its establishment: the agent acts in the principal’s name without representative authority, good faith onPleadings — Part Three · Source page 34
  8. Principle 172Apparent agency. The conditions for its establishment: the agent’s acting in the principal’s name without authority to represent him; the good faith of the person dealing with the agent, regardless of the agent’s good faPleadings — Part Three · Source page 35
  9. Principle 173The doctrine of apparent agency. Among its conditions: that the agent act in the principal’s name and not for his own account.Pleadings — Part Three · Source page 35
  10. Principle 174The 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 deemed a representaPleadings — Part Three · Source page 35
  11. Principle 175Although inferring the existence or absence of apparent agency is a matter of fact independently determined by the court determining the merits, the condition thereof is that it base its judgment on reasonable grounds.Pleadings — Part Three · Source page 35
  12. Principle 176The existence or absence of apparent agency. A question of fact within the exclusive competence of the trial court. The condition for that.Pleadings — Part Three · Source page 35
  13. Principle 178Apparent agency. The justifications for recognizing it and the conditions for its existence. - The existence or absence of apparent agency. A matter of fact within the independent determination of the court of merits.Pleadings — Part Three · Source page 35
  14. Principle 179Apparent agency. Its effect. The apparent agent is a representative of the principal in dealings with third parties. The effects of the agent’s transaction with third parties, as rights and obligations, attach to the priPleadings — Part Three · Source page 35
  15. Principle 180Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his act with third parties, in rights and obligations, accrue to the principal. The reason therePleadings — Part Three · Source page 36
  16. Principle 182Apparent agency, once established, produces the same effects as actual agency between the principal and third parties. The conditions for its establishment. - Inferring the existence of apparent agency. A question of facPleadings — Part Three · Source page 36
  17. Principle 183The apparent agent. His dealings with third parties in the principal's name. Their effect. Binding the principal by his act, including the rights and obligations it entails. The condition thereof: the act must be in the Pleadings — Part Three · Source page 36
  18. Principle 184The conditions that must be satisfied for apparent agency to produce the effects of actual agency. Their nature. - Ascertaining the existence or absence of apparent agency, examining indications and documents, assessing Pleadings — Part Three · Source page 36
  19. Principle 185Apparent agency produces the same effects as actual agency as between the principal and third parties. The apparent agent, in dealing with third parties in the principal's name, is deemed his representative, and the effePleadings — Part Three · Source page 37
  20. Principle 186Apparent agency. Conditions for its existence. - The existence of apparent agency produces the same consequences as actual agency as between the principal and third parties. Its effect. The apparent agent is deemed, in hPleadings — Part Three · Source page 37

  21. - الوكالة المستترة

    Principle 187A person acting as agent for another without having established capacity to represent him, either because such representation does not exist or because his disposition exceeds its limits. Its import. The effects of his dPleadings — Part Three · Source page 37
  22. Principle 188Undisclosed agency. Its condition. The agent does not disclose the name of the principal for whose account he acts. - 37 - Civil ProcedurePleadings — Part Three · Source page 37
  23. Principle 189The agent's dealing with third parties in his own name. Does not alter the agency relationship existing between him and his principal.Pleadings — Part Three · Source page 38
  24. Principle 190Undisclosed agency. It produces in relation to the principal all the legal effects produced by disclosed agency; thus, the effect of the contract concluded by the agent accrues to the principal and to the person contractPleadings — Part Three · Source page 38
  25. Principle 191Agency may be disclosed and may be undisclosed. Undisclosed agency. Its nature. - Undisclosed agency produces the same legal effects as disclosed agency. The implication thereof.Pleadings — Part Three · Source page 38
  26. Principle 192The agent’s failure, when concluding the contract, to disclose his representative capacity. The type of this agency. Undisclosed agency through the agent’s lending his name to the principal. The effect of this agency.Pleadings — Part Three · Source page 38

  27. - وكالة التأمين

    Principle 194The agent’s failure, when concluding the contract, to disclose his capacity as representative. The type of this agency. An undisclosed agency whereby the agent lends his name to the principal. The effect of this agency. Pleadings — Part Three · Source page 38
  28. Principle 195The insurance agent. He conducts his work in the name and for the account of the insurance company he represents, not in his own name.Pleadings — Part Three · Source page 38
  29. Principle 196The regulation concerning insurance agents. Its requirement that the agent be registered in the commercial register at the Chamber of - 38 - Civil Procedure Commerce does not preclude the valid formation of an agency actPleadings — Part Three · Source page 38

  30. - وكالة بالسمسرة

    Principle 197The statutory requirement that insurance agents be registered with the Chamber of Commerce and in the Commercial Register. It does not preclude the valid formation of an agency actually practised despite the absence of sPleadings — Part Three · Source page 39

  31. - الوكالة العقارية

    Principle 198A broker is an agent instructed by one contracting party to mediate with the other contracting party to complete a transaction between them for remuneration to which he is entitled under an express agreement or an impliePleadings — Part Three · Source page 39

  32. - الوكالة التجارية

    Principle 199The seller's issuance of a real estate power of attorney to the purchaser and delivery of the title deed to him. The latter may issue similar powers of attorney to others. Registration of the contract by the final purchaPleadings — Part Three · Source page 39
  33. Principle 200The principal’s release of the agent from the obligation to render an account of his acts. Applies to commercial agency. Basis thereof.Pleadings — Part Three · Source page 40
  34. Principle 201Commercial agency. Its conduct is restricted to persons of Kuwaiti nationality. Failure to register it. Its effect. An action concerning it shall not be heard.Pleadings — Part Three · Source page 40
  35. Principle 202Printing, publishing, journalism, radio, television, transmission of news and images or advertisements, and sale of books. Commercial activities irrespective of the capacity or intention of the person undertaking them. -Pleadings — Part Three · Source page 40
  36. Principle 203Bringing goods covered by the agency into the agent’s territory during the agency period other than through the agent, with the intention of trading in them. Unlawful commercial competition against the agent or distributPleadings — Part Three · Source page 40
  37. Principle 204Bringing goods bearing the original producer's trademark, for which the local agent has exclusivity, into his territory or the distributor's territory during the term of his agency and through channels other than him, foPleadings — Part Three · Source page 40
  38. Principle 205Establishing a branch of a foreign company in Kuwait or its conducting commercial business. Its condition. It must have a Kuwaiti agent and conduct the business through him. Proof that it conducted the business itself. IPleadings — Part Three · Source page 40
  39. Principle 206An unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1994 concerning the Regulation of Commercial Agencies.Pleadings — Part Three · Source page 41
  40. Principle 207Termination of the agency upon the death of either party. Not a matter of public policy. The import thereof: it is permissible to agree that the heirs replace the agent upon his death. - The appellants’ assertion before Pleadings — Part Three · Source page 41
  41. Principle 208Contract agency is a form of commercial agency. Its nature. It is a contract whereby a person undertakes, on a continuing basis, to endeavour within a particular area of activity to conclude contracts for the benefit of Pleadings — Part Three · Source page 41
  42. Principle 209Law 36 of 1964 concerning the regulation of commercial agencies. Its inclusion of the general provisions governing those agencies. Its effect. The rule that no unregistered agency is recognized and no action concerning iPleadings — Part Three · Source page 41

  43. - وكالة العقود

    Principle 210Foreign companies. They may not establish a branch in the State of Kuwait. Conducting their commercial business therein through a Kuwaiti natural or legal person. Article 24 of the Commercial Code. - The Kuwaiti agent isPleadings — Part Three · Source page 41
  44. Principle 211Commercial contract agency. Ordinary agency. The agent therein is merely a representative of the principal. Effect thereof. The effects of the transaction accrue directly to the principal. Establishment of a direct relatPleadings — Part Three · Source page 42
  45. Principle 213Determining whether or not a legal rule relates to public order. 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. Are Pleadings — Part Three · Source page 42
  46. Principle 214Contract agency. Its definition. The limits of the contract agent’s task are determined according to the agreement.Pleadings — Part Three · Source page 42
  47. Principle 215Contract agency. Its nature. Commission agency. Its definition and effects. - Commission agency and contract agency. The criterion for distinguishing between them. - The criterion for characterizing the contract and whetPleadings — Part Three · Source page 42
  48. Principle 216The legislature’s regulation of a particular subject. Its necessary consequence. No recourse to the general rules concerning it. The exception. The special regulation of commercial contract agency contains a provision pePleadings — Part Three · Source page 42
  49. Principle 217Determining whether a legal rule relates to public policy 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. ConsPleadings — Part Three · Source page 43
  50. Principle 218Disputes 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 foPleadings — Part Three · Source page 43
PreviousPage 4 of 75Next