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
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Principle 219The legislature’s treatment of a distribution agreement under which the trader alone undertakes to promote and distribute the products of an industrial or commercial establishment in a specified area as equivalent to conPleadings — Part Three · Source page 43- Principle 220Contract 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,Pleadings — Part Three · Source page 43
- Principle 221Disputes arising from a contract agency agreement. Jurisdiction of the court within whose district the place of - 43 - Civil Procedure - its performance is located to hear disputes relating thereto, as an exception to thPleadings — Part Three · Source page 43
- Principle 222Commission agency and contract agency. Their nature and the distinction between them. - Characterizing the contract, determining whether it is a commission agency or a contract agency, and determining the rights of its tPleadings — Part Three · Source page 44
- Principle 224The legislature's regulation of contract agency in the Commercial Code in a manner different from the general provisions governing commercial agencies in Law 36 of 1964. Its effect. Written proof thereof is sufficient wiPleadings — Part Three · Source page 44
- Principle 225Contract agency. Its nature: a contract under which a person undertakes, on a continuing basis in a specified area of activity, to solicit and negotiate the conclusion of transactions in the principal’s interest, or to cPleadings — Part Three · Source page 44
- Principle 226The contract agent. His obligation to preserve the principal's rights and take all precautionary measures necessary to preserve these rights. - 44 - Civil ProcedurePleadings — Part Three · Source page 44
- Principle 227Contract 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 Pleadings — Part Three · Source page 45
- Principle 228The principal’s replacement of the contract agent—or a person treated as such—with a new agent. Its effect. The latter’s joint and several liability with the principal for payment of the compensation awarded to the formePleadings — Part Three · Source page 45
- Principle 230Commercial contract agency. Its basis in the concept of representation. The agent therein represents the principal in concluding the transaction. His observance of its limits. Its effect: the establishment of a relationsPleadings — Part Three · Source page 45
- Principle 232Foreign companies. The legislature's prohibition on their establishing a branch in Kuwait or conducting commercial business except after obtaining a licence from the Ministry of Commerce and Industry. Conditions for issuPleadings — Part Three · Source page 45
- الوكالة بالبيع
Principle 233Disputes arising from a contract agency agreement. Jurisdiction over them. Lies with the court within whose circuit the place of performance of the contract is situated, as an exception to the rules of jurisdiction. ReasPleadings — Part Three · Source page 46- Principle 234Agency in a consensual sale for which the legislature has prescribed no special form is itself consensual.Pleadings — Part Three · Source page 46
- الوكالة بالعمولة
Principle 235Agency to sell. Valid even if the subject matter of the sale is not specifically identified. - Commission agency:-Pleadings — Part Three · Source page 46- Principle 236Inclusion in a memorandum in the joined action and in the notice of appeal of the statement that the appellant contracted in her own name with the carrier and for the respondent's account. It is regarded as an extrajudicPleadings — Part Three · Source page 46
- Principle 237Non-recognition of an unregistered agency. Applies to the contracting parties, not to third parties, who may establish the capacity of commission agent by all means of proof. - 46 - Civil ProcedurePleadings — Part Three · Source page 46
- Principle 239Commission agency. Its nature. Non-disclosure of the principal's name does not entail any alteration of the effects of the agency. The condition for that. The criterion for characterizing the type of agency contract. It Pleadings — Part Three · Source page 47
- Principle 240Commission agency. Its definition. And its effects. - The commission agent is the proper party against whom actions relating to transactions concluded in the agent's own name are to be brought.Pleadings — Part Three · Source page 47
- Principle 241The one-year limitation period applies to actions arising from a contract for the carriage of goods, a contract for the carriage of persons, or a commission agency contract for carriage. Article 162 of the Commercial CodPleadings — Part Three · Source page 47
- الوكالة في عمليات البنوك
Principle 242Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract, in his own name or in the name of his principal, with a carrier to transport a thing or person to a specified destinatiPleadings — Part Three · Source page 47- Principle 243The bank deposit. Its definition, what distinguishes it from a deposit allocated to a particular purpose, and when the depositary assumes the position of an agent whose primary obligation is to preserve the money.Pleadings — Part Three · Source page 47
- Principle 244Appointing a bank as agent to collect the value of a cheque. Its subjection to the agency provisions of the Civil Code - 47 - Civil Procedure supplemented by banking custom. - The agent’s appointment of a substitute. ImpPleadings — Part Three · Source page 47
- Principle 245Appointing a bank as agent to collect the value of a cheque is governed by the provisions on agency in the Civil Code, supplemented by banking custom. - An agent authorised to appoint a sub-agent without designation of tPleadings — Part Three · Source page 48
- وكالة الشريك على الشيوع عن باقي الشركاء
Principle 246A 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.Pleadings — Part Three · Source page 48- وكالة السفن
Principle 247A co-owner in undivided ownership. An agent for the other co-owners in what he undertakes in administering the common property. - The general rule is that agency is gratuitous. - 48 - Civil Procedure - Ship agency:-Pleadings — Part Three · Source page 48- Principle 248Ship agency activities may be practised only by a Kuwaiti. And he must be entered in the register of the Ministry of Communications. The reason for that. An agency existing despite non-registration. It is validly constitPleadings — Part Three · Source page 49
- Principle 249Regulation of the practice of ship agency business. Article 139, Maritime Commerce. It does not affect the rules governing the formation of that agency, the grounds for its termination or the manner of proving it.Pleadings — Part Three · Source page 49
- Principle 250The ship’s agent is the legal representative of the maritime carrier in actions arising from the contract of carriage. The effect of this.Pleadings — Part Three · Source page 49
- Principle 251The ship’s agent. An agent for the maritime carrier in actions arising from maritime carriage. Joining him as a party is sufficient for the action to be deemed brought against the person with standing, without the need tPleadings — Part Three · Source page 49
- Principle 252The deposit placed by the ship's agent with a bank as security for the enforcement of judicial judgments issued against the sea carrier. Decree-Law 28/1980. Its application from the date of its entry into force, not fromPleadings — Part Three · Source page 49
- Principle 253The deposit or bank guarantee that the ship's agent is obliged to lodge with a bank. It is prescribed to secure enforcement of judgments rendered against the maritime carrier since the Maritime Commercial Law came into fPleadings — Part Three · Source page 49
- Principle 254The regulation of the practice of ship agency contained in the Maritime Commerce Law is intended to enable interested parties to enforce judgments issued in their favour against foreign carriers. This regulation does notPleadings — Part Three · Source page 50
- Principle 255Establishing the ship's maritime agent's agency in accordance with the general rules suffices for persons interested in the cargo to have the right to sue him as the carrier's representative and in the enforcement of judPleadings — Part Three · Source page 50
- Principle 256The ship’s agent is considered the maritime carrier’s representative in actions arising from maritime transport operations brought by or against the carrier in the locality where the agent’s office is situated.Pleadings — Part Three · Source page 50
- Principle 257The 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. - Sufficiency of joining the ship's agent as a party iPleadings — Part Three · Source page 50
- Principle 258The ship's agent is the maritime carrier's representative in actions arising from maritime transport operations brought by or against the carrier in the locality where the agent's office is situated. Absence of liabilityPleadings — Part Three · Source page 50
- Principle 259The ship’s agent. He is the maritime carrier’s representative in actions arising from maritime carriage operations brought by or against it in the locality where the agent’s office is situated. Joining him as a party is Pleadings — Part Three · Source page 50
- وكيل الحمولة
Principle 260The agency of the ship's maritime agent. Proof thereof under the general rules is sufficient for persons having an interest in the goods to have the right to implead him as representative of the carrier and in the enforcPleadings — Part Three · Source page 50- الوكالة الصادرة لمصلحة الوكيل
Principle 261The loading and unloading contractor and the cargo agent have the right to invoke the short limitation period for actions arising from the activity of each of them. The basis thereof. - An agency granted in the agent’s iPleadings — Part Three · Source page 51- الوكالة في مسائل الأحوال الشخصية
Principle 262Impermissibility of dismissing the agent or restricting an agency granted in the interest of the agent or a third party. Article 717 Civil Code. Example. - Agency in personal status matters:-Pleadings — Part Three · Source page 51- Principle 263The husband's authorization of the wife or another person to effect divorce. Its permissibility under the Ja'fari school. This is not altered by the condition constituting a restriction on the principal. Unconditional efPleadings — Part Three · Source page 51
- Principle 264The husband has the right to authorize another to divorce. Import thereof. - Ascertaining the extent of the agency. Within the authority of the court of merits. Condition thereof. - Issuance of a power of attorney by thePleadings — Part Three · Source page 51
- Principle 265Establishment that the agent exceeded the limits of his agency, which did not include his right to effect divorce. Its consequence. The divorce effected by the agent is not recognized.Pleadings — Part Three · Source page 52
- الوكالة والنظام العام
Principle 266For an agency to be valid, the principal must have capacity to carry out the transaction for which he has appointed another as agent. Article 699, Civil Code. - A sick man's divorce of his wife—in Maliki jurisprudence—foPleadings — Part Three · Source page 52- تقدير أجر الوكيل
Principle 267The court of first instance limiting its ruling to determination of the procedural plea in the action. Effect. Its jurisdiction over the merits is not exhausted. Reversal of its judgment. Import. The court of second instPleadings — Part Three · Source page 52- Principle 268Voluntary 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 adjust it by reduction or increase. The reason for thPleadings — Part Three · Source page 52
- Principle 269Remunerated agency and gratuitous agency. The nature of the agent's obligation in each. - 52 - Civil ProcedurePleadings — Part Three · Source page 52
- Principle 270The general rule is that the contract agent is entitled to remuneration for transactions concluded by the principal or another in the territory allocated to the agent's activity. Basis thereof. Articles 277, 278 of the CPleadings — Part Three · Source page 53
- Principle 271Determining whether the contracting party has performed his obligation or negating such performance, and assessing the agent's remuneration. Matters of fact. Their assessment. Within the province of the court of merits.Pleadings — Part Three · Source page 53
- انتهاء الوكالة
Principle 272An agreement concluded by a lawyer to determine his fees for the judicial or nonjudicial work entrusted to him as a percentage of the value claimed in the action, of what is awarded therein, or of the nonjudicial work agPleadings — Part Three · Source page 53