Cassation principles Recent Commercial, Administrative, Civil, Labour and Personal Status Matters
محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 494 available principles
Search this collectionالتزام
Principle 105Summary: - A creditor's exercise of the debtor's rights in the latter's name. Its condition. The creditor claiming the debtor's right must bring an action in the debtor's name and in the capacity of the debtor's creditorRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٦٥- Principle 106Summary: - Tender and deposit where the subject is money or another thing that can readily be delivered without hardship to the creditor at the creditor's principal domicile or workplace. The manner: following the steps Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٦٦
- Principle 107Summary: - The doctrine of unforeseen circumstances. Its application by the court. A discretionary power intended to reduce an obligation to a reasonable level by narrowing its scope or increasing its counter-performanceRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٦٨
التصاق
Principle 108Summary: - A person erecting a building, planting, or constructing structures with materials of his own on land that he knows belongs to another and that he has no right to make such additions, or whose ignorance of thatRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٦٩التماس إعادة النظر
Principle 109Summary: - Petition for reconsideration. A prior cassation appeal against the judgment in respect of which reconsideration is sought does not preclude its admissibility—where its conditions are satisfied—even if the grouRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧١- Principle 110Summary: - The rule that a judgment previously challenged by the same litigant by a petition for reconsideration may not be challenged by that route again. A fundamental rule that must be followed absolutely, even withouRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧١
الجهاز المركزي لمعالجة أوضاع المقيمين بصورة غير قانونية
Principle 111Summary: - The Central Agency for Remedying the Status of Illegal Residents. Its task is to remedy the status of that category and undertake all executive procedures in this regard in coordination with the relevant authoRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧٢- Principle 112Summary: - Establishment that the appellant did not submit an application to the Central Agency for Remedying the Status of Illegal Residents to open a file and issue the green card before bringing his action. Its implicRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧٤
المجلس الأعلى للقضاء
Principle 113Summary: - Appointment, promotion, transfer and secondment of members of the judiciary. Within the competence of the Supreme Judicial Council, as the body overseeing their affairs. A judge may be seconded to perform judiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧٥- Principle 114Summary: - The cash allowance received by a member of the judiciary or a member of the Public Prosecution during the commutation period equals the comprehensive monthly salary he receives for his ordinary work. The consiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧٨
- Principle 115Summary: - The judicial authority, like the executive and legislative authorities, exercises part of the powers of the State, whose source is the nation. Meaning thereof. The judgments it issues are conclusive of disputeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٧٩
- Principle 116Summary: - Characterization of an administrative act. The determining consideration is not the form and structure of the act, but its substance and purpose. - The distinction between a negative and a positive administratRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٨١
- Principle 117Summary: - The judicial authority, like the executive and legislative authorities, exercises part of the powers of the State, whose source is the nation. Import: the judgments it issues conclusively determine disputes anRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٨٤
المجلس الوطني للثقافة
Principle 118Summary: - Chairman of the National Council for Culture, Arts and Letters. His competence to issue a decision registering family sites and historical buildings. - Compensation claimed by the persons concerned where regisRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٩٠- Principle 119Summary: - The National Council for Culture, Arts and Letters. The legislature entrusted it with the preservation of antiquities, and it alone is responsible for assessing the archaeological and historical character of oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٩١
أمر جزائي
Principle 120Summary: - A judgment rendered in criminal matters has no binding authority in a civil action if it did not determine the common basis of the civil and criminal actions and its legal characterization. - An award of compeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٩٣أمر منع من السفر
Principle 122Summary: - A travel-ban order. It must be served on the person against whom it is issued within two weeks of its issuance. Reason: to afford ample time to lodge a grievance. Article 293/3 of the Code of Procedure. ViolatRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٩٧انتخابات
Principle 123Summary: - Amiri Decree No. 443 of 2011 dissolving the National Assembly and Amiri Decree No. 447 of 2011 inviting voters to elect members of the National Assembly. His Highness the Amir's exercise therein of his powers Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٩٨أهلية
Principle 124Summary: - Lack of awareness or discernment does not preclude a person’s liability to compensate for harm caused by his wrongful act. Article 227 of the Civil Code. - A criminal judgment establishing that the appellant fRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠٠أوامر على عرائض
Principle 125Summary: - Orders on petitions. Their nature. They are orders issued by judges of interim matters pursuant to their non-contentious jurisdiction, on the basis of applications submitted by interested parties by petition. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠١- Principle 126Summary: - A judge's exercise of a non-contentious judicial function. The general rule is that this occurs only in the cases exhaustively specified in legislation. Article 163 of the Civil and Commercial Procedure Law. -Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠٣
أوراق مالية
Principle 127Summary: - Capital markets. Establishment of a specialised judicial body to facilitate and simplify resolution of disputes arising in connection with application of this Law, which took care to repeal any provision conflRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠٤- Principle 128Summary: - Capital Markets Authority. The legislature established a special framework for it under Law 7/2010 concerning its establishment. It also assigned it powers of considerable consequence to enable it to perform iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠٦
- Principle 129Summary: - Establishment of a judicial body specialized in capital markets activity. Its purpose. Achieving ease and facility in resolving disputes arising in connection with the application of the provisions of Law 7/20Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٠٩
إيجار
Principle 130Summary: Acts emanating from public authorities, including decisions resulting in depriving the lessee of enjoyment of the leased premises or impairing such enjoyment. Their classification as force majeure. Its effect: tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١١- Principle 131Summary: - The particulars that an auction-award judgment and its operative part must contain. Their nature. Article 276 of the Code of Procedure. - Service of that judgment. Not required. Its enforcement is effected purRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١٢
- Principle 132Summary: - The tenant’s obligation to pay rent at the agreed time and place. It is the tenant’s principal obligation from the beginning of the lease relationship. Failure to discharge this obligation. The landlord may coRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١٥
- Principle 133Summary: - Judgments must be based on certainty and conviction, not probability and conjecture, and their reasons must derive from the case papers and be reasonably inferred therefrom in a manner capable of logically leaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١٦
- Principle 134Summary: - Prohibition of appeals by cassation against judgments rendered by the Court of Appeal concerning disputes relating to the lease of real property and compensation arising therefrom that fall within the jurisdicRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١٨
بدلات
Principle 135Summary: - The cash allowance received by a member of the judiciary or the prosecution during the commutation period equals the comprehensive monthly salary received for his ordinary work. The consideration for the commuRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢١بطلان
Principle 136Summary: - An action to annul an arbitral award under Article 186 of the Law of Procedure. Confined to domestic arbitral awards. Its provisions do not extend to foreign arbitral awards. Rule: The annulment action providRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢٢- Principle 137Summary: - No judges other than those who heard the pleadings may participate in deliberations. Judges who participated in deliberations. Their attendance at the pronouncement of judgment is mandatory. An impediment affeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢٣
بلدية
Principle 140Summary: - Approval for owners of properties within the city in commercial areas to increase the building ratio of their properties in accordance with the controls and conditions contained in the decisions issued by the Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢٨بناء
Principle 141Summary: - Approval for owners of properties within the city in commercial areas to increase the building ratio of their properties in accordance with the controls and requirements contained in the decisions issued by thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢٩بنك مركزي
Principle 142Summary: - The parties to an application for approval to undertake procedures for restructuring distressed companies. Their limitation to the Central Bank of Kuwait and the company itself whose restructuring is sought, tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٣١بنوك
Principle 143Summary: - Letter of guarantee. Its nature. An undertaking that, of itself, creates an original, abstract or direct obligation on the issuing bank to pay its value to the beneficiary whenever requested to do so within thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٣٤- Principle 144Summary: - Banks. Institutions whose business is accepting deposits for use in banking operations, such as accepting deposits, opening documentary credits and granting loans. Implication. Money exchange companies are proRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٣٦
- Principle 145Summary: - Investment companies. The legislature's conferral upon the Central Bank of authority to supervise them, thereby prohibiting them from conducting their activities before their registration in the register of inRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٣٧
- Principle 146Summary: - The Fund for Addressing the Circumstances of Citizens in Default on Repayment of Consumer and Instalment Loans. Its affiliation with the Ministry of Finance and its financing from the State’s general reserve. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٣٩
- Principle 147Summary: - The Labour Circuit of the Court of First Instance. Its jurisdiction. Confined to adjudicating labour disputes arising from the application of the provisions of laws enacted concerning labour and the regulationRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤٠
بيت التمويل الكويتي
Principle 148Summary: - Unbuilt private residential plots owned by a natural person. Their subjection to an increase in the prescribed annual fee if their area exceeds five thousand square metres. This is not altered by whether the oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤١بيوت حكومية
Principle 149Summary: - Acquired rights. They must be respected even if acquired through administrative, regulatory or individual decisions. Basis thereof: the dictates of justice and natural law and the requirements of the public inRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤٤بيوع
Principle 150Summary: - The particulars that must be included in the judgment awarding the auction and its operative part. Their nature. Article 276 of the Code of Civil and Commercial Procedure. - Service of this judgment. UnnecessaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤٦- Principle 151Summary: - The permissibility of an appeal in cassation against final judgments, whatever the dispute determined or the court that issued them. Among its instances. Where a dispute is determined contrary to another judgmRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤٨
تأمين
Principle 152Summary: - Settlement is a contract by which a dispute between two parties concerning a particular subject is resolved. It must not be interpreted expansively and must be confined to the subject matter of the dispute it Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٥٤- Principle 153Summary: - Licensing a motor vehicle or renewing its licence. Its condition: insurance against civil liability arising from motor vehicle accidents. The insurance must remain valid for the duration of the licence. Its puRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٥٥
- Principle 154Summary: - The insurer's recourse against the insured to recover compensation it has paid, whether to the insured or to a third party. Its condition. Proof that the driver of the insured vehicle violated the restrictionsRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 155Summary: - Adding periods of service preceding acquisition of Kuwaiti nationality. Its condition. The addition must be to periods of contribution to insurance under Part Three of the Social Insurance Law or to periods suRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 157Summary: - The arbitration panel in collective labor disputes. Its composition. Article 128 of Law 6/2010 concerning labor in the private sector. It possesses the powers of the Court of Appeal pursuant to the provisions Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
- Principle 158Summary: - Collective labour disputes within the jurisdiction of the Arbitration Board. They are those arising between an employer and all or a group of his workers by reason of work or its conditions. Its implication. ARecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page