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

Cassation principles Recent Commercial, Administrative, Civil, Labour and Personal Status Matters

محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 494 available principles

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  1. تحكيم

    Principle 159Summary: - The arbitral tribunal's award basing its dismissal of the appellant's original claim on the two appellants' breach of their contractual obligations after being satisfied with the expert's report and what it inRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٦٤

  2. تخصيص

    Principle 160Summary: - Determination of social status for acquisition of ownership. The relevant consideration is the status from approval of the allocation until expiry of the period it specified, with all other conditions satisfieRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٦٥

  3. تدليس

    Principle 161Summary: - Annulment of a contract for fraudulent misrepresentation. Available to a person whose consent resulted from devices directed at him with the intention of deceiving him and thereby inducing him to contract, if Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٦٧
  4. Principle 162Summary: - Fraud vitiating consent. Its basis. A stratagem directed at a contracting party with the intention of deceiving him and making him believe something contrary to reality and truth, with the aim of inducing him Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٦٩

  5. تراخيص

    Principle 163Summary: Licensing a motor vehicle or renewing its licence. Its condition: insurance against civil liability arising from motor vehicle accidents. The insurance must remain effective throughout the licence period. Its puRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧٢
  6. Principle 164Summary: - A licence issued by the administration is an administrative act effected by the decision granting it. Such licence may be amended or revoked whenever a public interest so requires or grounds justifying this arRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧٣
  7. Principle 165Summary: - The principle of equality of rights before the law. It is not founded on opposition to all forms of differentiation. The reason. Some are based on objective grounds and therefore do not entail a violation of tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧٥
  8. Principle 166Summary: - Establishing a treatment institution. Its condition. The person licensed to establish it must be Kuwaiti, whether a natural or legal person. - The word “Kuwaiti” appears in general terms in Law 49 of 1960 concRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧٨

  9. ترقية

    Principle 167Summary: - Decisions on appointment, promotion and the granting of an incentive allowance. The legislature prescribed specific time limits for their withdrawal, namely 1 year from their issuance, as an exception to the gRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧٩
  10. Principle 168Summary: - Promotion to a financial grade or supervisory position, or assignment thereto. Must be from the grade or position immediately preceding the grade or position to which promotion or assignment is made. RationaleRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٠
  11. Principle 169Summary: - A decision granting promotion. It creates the legal position arising from it, with its effects in terms of the employee’s advancement to the next grade to which he is promoted, the date from which it begins, aRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٢

  12. تسجيل

    Principle 171Summary: - The President of the National Council for Culture, Arts and Letters. His competence to issue a decision registering archaeological sites and historical buildings. - Compensation claimed by the persons concerneRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٥

  13. تسوية

    Principle 172Summary: - The settlement contract between the appellant and the respondent bank for which she works. Contingent upon the result it achieves and whether or not it affords her a greater benefit than the provisions of the Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٦

  14. تشريع

    Principle 173Summary: - Legislation is repealed only by subsequent legislation expressly so providing or containing a provision conflicting with it, regulating the subject matter anew. - The issuance of legislation regulating anew a Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٧
  15. Principle 174Summary: - Legislative provisions. The general rule is their connection to their objectives. The reason. Any legislative regulation is not intended for its own sake, but is merely a means of achieving those objectives. -Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٨٩
  16. Principle 175Summary: - Interpretative legislation. Does not repeal the earlier legislation which it interprets. Reason. It is not new legislation so long as it sets out the legislature's intent in the earlier legislation, and is deeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩١

  17. تصالح

    Principle 176Summary: - A foreign public employee in a government entity is granted an ordinary residence permit throughout his period of employment, provided that he holds a valid passport. Expiry of his period of service without obRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩١

  18. تصحيح الأسماء

    Principle 177Summary: - The court of merits has the power to characterize the claims submitted to it in the action. It is not bound by the parties’ characterization. The condition for this: that it adhere to the true facts, the claimRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩٣

  19. تصديق

    Principle 178Summary: - The parties to an application for approval to undertake procedures for restructuring distressed companies. Restricted to the Central Bank of Kuwait and the company itself whose restructuring is sought, to the Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩٤

  20. تصرفات

    Principle 179Summary: - A creditor’s request that his debtor’s disposition be declared ineffective against him. Its condition: the creditor’s right must be due for payment and must have arisen before the disposition, and the dispositRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩٨
  21. Principle 180Summary: - An action for the ineffectiveness of a disposition made by a bankrupt debtor. In terms of its purpose, it is a means whereby the creditor can keep the property disposed of in the ownership of his debtor so thaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٠
  22. Principle 181Summary: - An action for the non-enforceability of a disposition. The knowledge that starts its three-year limitation period. Its nature. The creditor’s knowledge that the challenged disposition was made, of the debtor’sRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠١
  23. Principle 182Summary: - An action to declare dispositions ineffective. Its provisions are regulated by Articles 310-312 of the Civil Code. A creditor’s use thereof. Its conditions: his right must be due for payment; the disposition mRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٢

  24. تصفية

    Principle 183Summary: - An undisclosed partnership. It is a commercial partnership formed between one or more persons, confined to the relationship among them, characterized by concealment, without legal personality, and having neithRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٣

  25. تظلم

    Principle 184Summary: - Orders on petitions. Their nature. They are orders issued by judges of interim matters under their non-contentious authority, upon applications submitted by interested parties on petitions. A judge may not exeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٤
  26. Principle 186Summary: - An administrative decision’s susceptibility to an administrative grievance does not affect its finality. Reason: finality means the exhaustion of the stages of the administrative hierarchy. - The legislative rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٧
  27. Principle 187Summary: - An action for annulment of an administrative decision. Its time limit is sixty days from the date of publication of the decision or knowledge thereof. This time limit is interrupted by an administrative grievaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٧
  28. Principle 188Summary: - The Director of the Enforcement Department or the Deputy President of the Court of First Instance. They may issue an order on petition imprisoning the debtor. The condition for this. The debtor's refusal to coRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠٨

  29. تعويض

    Principle 189Summary: - A debtor’s failure to perform his contractual obligation is a fault giving rise to liability. The contracting parties’ determination of the amount of compensation in the event of rescission in respect of the lRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٠
  30. Principle 190Summary: - The trial court's determination of the nature of liability. It is not bound by what the injured party relied upon in seeking compensation or by the legal provision on which he relied. Its obligation, of its owRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٠
  31. Principle 191Summary: - An action for compensation for personal injury. Its lapse upon the mere passage of three years from the time of the accident. The provisions governing liability for unlawful acts apply to this compensation insRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٣
  32. Principle 192Summary: - The coercive fine ordered by the judge. Its nature. An indirect means of threatening and compelling the debtor to perform in kind. It is not considered compensation for damage. The consequence thereof. In asseRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٤
  33. Principle 193Summary: - An action for compensation for personal injury. Its lapse upon the mere passage of three years from the time of the accident. The provisions governing liability for unlawful acts apply to this compensation insRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٦
  34. Principle 194Summary: - The person against whom enforcement is directed must be the judgment debtor. Verification of the identity of the person against whom enforcement is sought. It falls upon the enforcement applicant. The injured Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١٩
  35. Principle 195Summary: - The administration’s seizure of real property to allocate it to public use without taking the procedures required by law for expropriation. Usurpation entailing its liability for compensation without transferrRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢١
  36. Principle 197Summary: - The entitlement of a worker or his heirs to additional compensation from the employer liable for the remaining damage exceeding the lump-sum compensation specified by Minister of Social Affairs and Labour DeciRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢٤
  37. Principle 198Summary: - The freedom of those operating television and radio broadcasting stations and equipment to present and transmit audiovisual materials of various kinds that reach the public or particular sections thereof. Its Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢٥
  38. Principle 199Summary: - Liability of the air carrier in the carriage of registered baggage and goods. Compensation is assessed according to the weight of the consignment, irrespective of its contents. Its assessment at 250 francs perRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢٦
  39. Principle 200Summary: - Assessment of compensation. A factual matter within the independent purview of the judge of merits. Its criterion. The assessment must rest upon a cogent basis referable to its elements established in the caseRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢٨
  40. Principle 201Summary: - Awarding compensation for injury on the basis of fault established by the penal order and in adherence to its binding force regarding the incident of damage to the car, without addressing the incident of injurRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢٩
  41. Principle 202Summary: - A judgment awarding provisional compensation which did not determine the extent of the damage or the amount of compensation. Its acquisition of the force of res judicata. Its effect. It encompasses liability iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣٠
  42. Principle 203Summary: - The binding authority of a judgment. Its basis. Matters not actually examined by the court. They do not acquire the force of res judicata. - Bringing the first-instance action to claim compensation for the harRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣١
  43. Principle 204Summary: - Lack of awareness or discernment. Does not preclude the liability of the person concerned to compensate for the damage caused by his wrongful act. Article 227, Civil Code. - Establishment, by a criminal judgmeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣٢

  44. تفويض

    Principle 205Summary: - The law vesting an administrative authority with a particular competence. Its effect. It may not relinquish or delegate it. The reason. Its exercise of that competence is a duty incumbent upon it and not a rigRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣٣

  45. تقادم

    Principle 206Summary: - An action for compensation for personal injury. Its lapse merely upon the passage of three years from the time of the accident. The provisions governing liability for unlawful acts apply to this compensation iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣٦
  46. Principle 207Summary: - Actions brought by workers pursuant to the provisions of the Labour Law. They shall not be heard, upon denial, after one year from the date of termination of the employment contract, and the provisions of ArtiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  47. Principle 209Summary: - An action for the non-enforceability of a disposition. The knowledge that starts its three-year limitation period. Its nature. The creditor’s knowledge that the challenged disposition was made, of the debtor’sRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  48. Principle 210Summary: - An action claiming engineers' fees. It shall not be heard, upon denial, after 5 years. The period begins to run from the time the engineer completes his work, even if he continues to perform other services or Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  49. Principle 211Summary: - Issuance of Ministerial Decision 2211/2012 amending certain provisions of Decision 3632/2004 concerning additional allowances and remuneration for military personnel relating to engineers, their assistants, phRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  50. Principle 212Summary: - Signing the appeal petition, undertaking procedures, and pleading before the Court of Cassation. The litigants must appoint a lawyer admitted before the Court of Cassation to act on their behalf therein. The bRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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