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. صحافة

    Principle 339Summary: - Membership in the Kuwaiti Journalists’ Union under its Articles of Association. Who may be admitted and the conditions that a member must satisfy. - The General Assembly of the Journalists’ Union holds the supRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٤٥

  2. صرافة

    Principle 340Summary: - Banks. They are institutions whose business is accepting deposits for use in banking operations, such as accepting deposits, opening documentary credits and granting loans. Its implication. Money exchange compRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٤٧

  3. صلح

    Principle 342Summary: - A judicial claim, whether an original or incidental claim, must include an assertion of a right or legal status upon which the court is requested to adjudicate pursuant to its adjudicative, rather than non-conRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٤٩

  4. صندوق الخدمات الصحية والاجتماعية لأعضاء السلطة القضائية

    Principle 343Summary: - An annulment action. Its nature. An action in rem whose subject is the challenge to the administrative decision itself; the judgment rendered therein has res judicata effect against everyone, whether or not reRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٥٠

  5. صندوق معالجة أوضاع المتعثرين

    Principle 344Summary: - The settlement agreement 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 theRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٥٣

  6. ضرائب

    Principle 347Summary: - Income tax on foreign companies acting as principals for themselves or as agents for others. The condition for its becoming payable. Their conducting business, trade, or activity in the State of Kuwait directlRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٦٠
  7. Principle 349Summary: - It is established that the Tax Assessment Department assessed the national workforce support tax payable by the appellant company and notified it of the tax assessment on its profits for the assessment years. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٦٤

  8. طعن

    Principle 352Summary: - The rule that a judgment previously challenged by the same party by a petition for reconsideration may not be challenged by that route. A fundamental rule that must be followed absolutely, even if no specific Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٧١

  9. ظروف طارئة

    Principle 353Summary: - The doctrine of unforeseen circumstances. Its application by the court. A discretionary power intended to reduce the obligation to a reasonable level by narrowing its scope or increasing its counter-performancRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٧٤

  10. عسكريون

    Principle 355Summary: - Acts of sovereignty outside judicial review. Their nature. Those acts issued by the government relating to high policy or to measures it takes as a governing authority—not an administrative authority—within itRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٧٩
  11. Principle 356Summary: - Issuance of Ministerial Decision 2211/2012 amending certain provisions of Decision 3632/2004 concerning additional allowances and bonuses for military personnel relating to engineers and their assistants, pharRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٨١

  12. عقد

    Principle 358Summary: - Rescission or automatic dissolution of a contract. The general rule is to restore the contracting parties to the position they were in when it was concluded. Articles 211 and 216, Civil Code. Continuing contraRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٨٤
  13. Principle 359Summary: - Penalty clause. An obligation accessory to the principal obligation. Its nature. An agreement on the sanction for breach of the principal obligation. Its implication. The lapse of the principal obligation entaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٨٥
  14. Principle 362Summary: - Annulment of a contract for fraudulent misrepresentation. It may be sought by a person whose consent resulted from artifices directed at him with the intention of deceiving him and thereby inducing him to contRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٨٧
  15. Principle 363Summary: - The consignor's submission, upon handing the goods to the air carrier, of a special declaration of the importance he attaches to their delivery at the destination, and his payment of any supplementary carriageRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٩٠
  16. Principle 364Summary: - Cause of the obligation. Contracting must rest upon a cause, and that cause must be lawful. Failure thereof. Effect thereof. Nullity of the contract for lack of one of its essential elements. Article 176/1, CiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٩١
  17. Principle 365Summary: - Fraud vitiating consent. Its essence. A ruse 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 to Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٩٢
  18. Principle 367Summary: - An air carrier's liability in the carriage of checked baggage and goods. Assessment of compensation is determined by the weight of the consignment regardless of its contents. It is assessed at 250 francs per kRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٩٧
  19. Principle 368Summary: - Characterizing an action and giving it its true description. Within the authority of the court of merits. Condition thereof. - Interpreting contracts and ascertaining the contracting parties’ intention from thRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٩٨
  20. Principle 370Summary: - The doctrine of unforeseen circumstances. Its application by the court. A discretionary power intended to reduce the obligation to a reasonable level by narrowing its scope or increasing its counter-performancRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٠٠

  21. عقيدة دينية

    Principle 372Summary: - The rules of the Ja‘fari school must be applied if both parties are its adherents. If their schools differ, Law No. 51 of 1984 concerning Personal Status applies. Article 346 of the aforementioned Law. - MatteRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٠٢

  22. علاوة اجتماعية

    Principle 373Summary: - A worker's wage. It includes the basic wage and everything paid to the worker and accruing to his assets by the employer regularly and continuously, upon which he relies in organizing his livelihood, whether iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٠٣

  23. عمل

    Principle 375Summary: - Private Sector Labour Law No. 6 of 2010. Its provisions apply to the oil sector in matters for which no provision is made in the Oil Sector Labour Law or where the provision therein is more beneficial to the wRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٠٧
  24. Principle 376Summary: - A worker’s absence from work for 7 consecutive days or 20 non-consecutive days within a year. He may be deemed to have resigned. The provisions of Article (53) of Law No. 6 of 2010 concerning Labour in the PriRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٠٩
  25. Principle 378Summary: - Establishment that the worker terminated his service of his own free will without being dismissed by the employer. Effect thereof. His lack of entitlement to payment in lieu of notice. Rule: If it is establisRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٢
  26. Principle 379Summary: - Employing a worker for overtime hours and on weekly rest days and official holidays. A permission conferred by the legislature upon the employer. Its condition: the employer’s obligation to pay special remunerRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٢
  27. Principle 380Summary: - Grants and bonuses awarded by an employer to a worker in addition to his basic wage. In principle, they are gratuitous. Change in this characterization. Its condition. The employer's undertaking to pay them orRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٤
  28. Principle 382Summary: - Termination of an employment contract of indefinite duration. The other party must be notified at least three months before its termination for workers paid monthly and at least one month for other workers. FaRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٦
  29. Principle 383Summary: - A resignation request. It does not, of itself, produce its legal effect of terminating the employment relationship. The occurrence of this occupational effect upon service depends on the decision issued by theRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٧
  30. Principle 385Summary: - A worker’s request for compensation for his injury caused by and sustained during work, or his request for the expenses of his treatment or the treatment of a member of his family, pursuant to the provisions oRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١٩
  31. Principle 386Summary: - Application of the provisions of Article 31 of the Private Sector Labour Law to a loan granted by an employer to a worker. Its prerequisite: that the employment relationship be taken into account therein, suchRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  32. Principle 387Summary: - A worker's lack of entitlement to compensation for a work injury. Its condition: that the employer establish, through an investigation he conducts, that the worker deliberately injured himself or that the injuRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  33. Principle 388Summary: - Entitlement of the 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 DecisiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  34. Principle 389Summary: - Actions brought by workers pursuant to the provisions of the Labour Law. They shall not be heard, upon denial, after the passage of 1 year from the date the employment contract ends, and the provisions of ArtiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  35. Principle 390Summary: - Dismissal of a worker and deprivation of compensation, payment in lieu of notice or end-of-service gratuity. Its cases. Article 41(a) of Law 6 of 2010 concerning Labour in the Private Sector. - Permissibility Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  36. Principle 391Summary: - Illness in the oil business sector. It must be established by a certificate from the physician appointed by the employer or the physician in charge at a government health unit where the period of leave does noRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  37. Principle 392Summary: - The first respondent company’s notification to the appellant—the worker—and others working for it of its desire either to transfer their residence permits or for them to return to their countries. Its import: Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  38. Principle 394Summary: - Exemption from judicial fees of actions brought by workers to claim their rights prescribed in the Labour Law. If the action is dismissed, the court has discretion to order the worker who brought it to pay allRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  39. Principle 395Summary: - Determination of subject-matter jurisdiction. The determining factor is the relief sought by the claimant. - Collective labour disputes over which the Arbitration Panel has jurisdiction. They are disputes arisRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  40. Principle 396Summary: - Arbitration panel in collective labour disputes. Its composition. Article 128 of Law 6/2010 concerning Labour in the Private Sector. It possesses the powers of the Court of Appeal pursuant to the provisions ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  41. Principle 397Summary: - Determining the date of annual leave. A right of the employer. The worker may accumulate leave not exceeding 60 days and take it in a single period after obtaining the employer’s approval. Accumulation of annuRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  42. Principle 398Summary: - No more than 10% of a worker’s wages may be deducted in satisfaction of debts owed to the employer, and the employer may not charge any interest thereon. Article 31 of Law No. 38/1964 and Article 59 of Law No.Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  43. Principle 399Summary: - Enactment of Law No. 6 of 2010 concerning Labour in the Private Sector. Its effect: every settlement or release involving a reduction or discharge of the worker's rights arising under the employment contract dRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  44. Principle 400Summary: - A declaratory judgment is a judgment issued by a judge that reveals a pre-existing legal situation; it adds nothing new but reveals and confirms the legal situation already existing. - Arbitration award No. 1/Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  45. Principle 401Summary: - A subcontractor’s worker or his heirs. Entitled to recourse by direct action against the main contractor within the limits of the wages due to him and every other right owed to him by the subcontractor. ConditRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  46. Principle 403Summary: - An employment contract permitting either party to terminate it unilaterally before the end of its term. A contract of indefinite duration. The other party must be notified at least three months before terminatRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  47. Principle 405Summary: - The Labour Circuit of the Court of First Instance. Its jurisdiction. Limited to adjudicating labour disputes arising from the application of the provisions of laws issued concerning labour and regulating the rRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  48. Principle 406Summary: - Depriving an employee of the end-of-service gratuity and payment in lieu of notice. Condition: Proof that he committed one of the acts exhaustively specified in paragraph (a) of Article 41 of Law 6/2010 concerRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  49. Principle 407Summary: - A letter of guarantee. Its nature. An undertaking that itself creates, on the part of the issuing bank, an original, abstract or direct obligation to pay its value to the beneficiary whenever requested within Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  50. Principle 408Summary: - Deceptive similarity between trade names. Assessment of its existence or absence is for the court of merits, provided that it bases its judgment on sound reasons having an established basis in the papers and sRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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