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

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. - وديعة

    Principle 579The prohibition on exchange companies accepting cash deposits and opening current accounts. The current account. Its nature. Its condition.Commercial and Labour — Volume 9 · Source page ١٠٩
  2. Principle 580A bank deposit and a deposit allocated to a specific task. The nature of each. - When the contract ceases to be a bank deposit regarded as a loan under which the bank acquires ownership of the money, so that it assumes tCommercial and Labour — Volume 9 · Source page ١٠٩
  3. Principle 583The general rule is the bank's obligation to return a money deposit in the same type of currency deposited, and return of the deposit upon demand does not preclude the depositor's right to dispose of his credit balance oCommercial and Labour — Volume 9 · Source page ١١٠
  4. Principle 584A bank deposit and a deposit earmarked for a specific task. Their nature. The bank's authority regarding each.Commercial and Labour — Volume 9 · Source page ١١٠
  5. Principle 585Prohibition on a non-Kuwaiti engaging in trade individually. Excepted therefrom: funds deposited by a non-Kuwaiti with banks and companies and agreements he concludes with them to invest his funds and to deal in foreign Commercial and Labour — Volume 9 · Source page ١١٠
  6. Principle 586Bank deposit. A contract conferring upon the bank ownership of the money and the right to dispose of it according to its needs, with an obligation to return it to the depositor. - A deposit earmarked for a specific task.Commercial and Labour — Volume 9 · Source page ١١٠
  7. Principle 588Deposit of money. An irregular deposit unless there is evidence to the contrary. Its difference from a deposit of valuables regarding ownership and its transfer. Effect thereof. The depositary's obligation to return its Commercial and Labour — Volume 9 · Source page ١١١

  8. - نقود

    Principle 589The impermissibility of disregarding a special law to apply a general law. An example concerning the impermissibility of invoking the provisions of the Civil Code concerning a deposit contract and disregarding what ArticCommercial and Labour — Volume 9 · Source page ١١١
  9. Principle 590The requirement to assess compensation for each lost or damaged unit of goods in accordance with the Brussels Convention, with the reservation entered thereto by the State of Kuwait, makes the compensation no less than 2Commercial and Labour — Volume 9 · Source page ١١١
  10. Principle 591Discharge of an obligation in foreign currency. Its condition. The contract contains an express term to that effect. Its absence and its effect. Payment must be made in Kuwaiti currency.Commercial and Labour — Volume 9 · Source page ١١١
  11. Principle 592The Kuwaiti monetary unit is the dinar. Decree-Law 41/1960. Previous transactions involving payment in rupees. How they are calculated on the basis of the Kuwaiti dinar.Commercial and Labour — Volume 9 · Source page ١١١
  12. Principle 593Contracts handled by exchange institutions with non-Kuwaitis for investment of their funds. The prerequisite for their validity. Investment thereof must fall within their objects. Example.Commercial and Labour — Volume 9 · Source page ١١١
  13. Principle 594Prohibition on a non-Kuwaiti engaging in trade independently. Excepted from this: funds deposited by a non-Kuwaiti with banks and companies and agreements he concludes with them to invest his funds and to deal in foreignCommercial and Labour — Volume 9 · Source page ١١١
  14. Principle 595Statutory set-off in the case of an obligation to return a sum of money. Its scope. - 111 - CommercialCommercial and Labour — Volume 9 · Source page ١١١
  15. Principle 596The general rule is that performance of an obligation to pay a sum of money shall be in national currency unless it is agreed that it shall be in foreign currency. Article 5 of the Amiri Order issued on 3/8/1990, declariCommercial and Labour — Volume 9 · Source page ١١٢
  16. Principle 597Commercial banks. Their nature: they are institutions whose principal business is accepting deposits for use in banking operations. Law 32 of 1968 concerning Currency, the Central Bank of Kuwait, and the Banking ProfessiCommercial and Labour — Volume 9 · Source page ١١٢

  17. - مهنة مصرفية

    Principle 599Credit facilities granted for the purpose of financing money market and foreign sector operations. They do not fall within the purchased debts. Example. - Banking profession:-Commercial and Labour — Volume 9 · Source page ١١٢

  18. - صرف الشيكات وسندات الصرف

    Principle 601Payment by the drawee bank of the value of a cheque bearing a forged signature of the drawer. The consequences of this payment fall on the bank vis-à-vis its customer, however skillfully the signature was forged, unless Commercial and Labour — Volume 9 · Source page ١١٣
  19. Principle 602The bank's payment to the first beneficiary of the value of a cheque bearing a forged signature of the drawer. The bank bears the consequences of this payment regardless of the degree of perfection of the forgery. The coCommercial and Labour — Volume 9 · Source page ١١٣
  20. Principle 604The burden of payment of the value of a cheque bearing from the outset a signature forged against the customer. Falls upon the drawee bank, whatever the degree of perfection of the forgery. The bank bearing this burden. Commercial and Labour — Volume 9 · Source page ١١٣
  21. Principle 605A bank's payment of a forged cheque. Its effect. Its liability toward its customer is not discharged. The bank's liability. Its basis and conditions.Commercial and Labour — Volume 9 · Source page ١١٣
  22. Principle 606The bank's liability for paying a cheque on which the drawer's signature was forged. Its nature and rationale. - Fault of the drawer who owns the chequebook in safeguarding it. The standard for assessing it. Objective.Commercial and Labour — Volume 9 · Source page ١١٣
  23. Principle 607The drawee bank's payment of the value of a cheque bearing a forged signature of its customer. Does not discharge its liability towards the customer, however skilfully the signature was forged. The bank bears the consequCommercial and Labour — Volume 9 · Source page ١١٣

  24. - إدارة المديونيات الصعبة التي تفوض فيها من البنك المركزي

    Principle 611The drawee bank's payment of the value of a cheque bearing a signature forged in the customer's name, however skilfully executed. Gives rise to the bank's liability. Reason and condition thereof. - 114 - Commercial - InfCommercial and Labour — Volume 9 · Source page ١١٤
  25. Principle 612A judgment may be challenged only by someone who was a party to the litigation and disputed his opponent's allegations and claims, or whose opponent disputed his, and this dispute continues until a judgment is rendered aCommercial and Labour — Volume 9 · Source page ١١٥
  26. Principle 613The bank managing debts subject to Law 41 of 1993. Its valuation and revaluation of assets pledged as security for debts purchased by the State. The bases it observes in valuing shares and bonds. It may seek assistance fCommercial and Labour — Volume 9 · Source page ١١٥
  27. Principle 614The State's purchase of local banks' debts owed by Kuwaiti debtors pursuant to the provisions of Law No. 41 of 1993. Its consequences. The appellant in cassation's dispute concerning the original debt from which he was dCommercial and Labour — Volume 9 · Source page ١١٥
  28. Principle 615The bank managing the purchased indebtedness is the entity that acts as the State's statutory representative in calculating debtors' balances and reviewing them to verify their accuracy, and taking all legal measures agaCommercial and Labour — Volume 9 · Source page ١١٥
  29. Principle 616The State’s purchase of certain debts in accordance with the controls prescribed in Law 41/1993, as amended. Effect: those debts transfer to the State with all their real and personal securities, and the provisions on asCommercial and Labour — Volume 9 · Source page ١١٥
  30. Principle 617The prerequisite for the State's purchase of the debts specified in the law is that they were outstanding on 1/8/1990 in favor of a local bank, Kuwait Finance House, or an investment company subject to the supervision ofCommercial and Labour — Volume 9 · Source page ١١٦
  31. Principle 618The provisions contained in Law (41) of 1993 concerning the preservation of public funds, ensuring the State's collection of purchased debts, and granting facilities to debtors - the nature of those provisions. - The debCommercial and Labour — Volume 9 · Source page ١١٦
  32. Principle 619The aims and purposes sought by the draft through the provisions and rules contained in Law 41 of 1993. Their nature. Its provisions take the form of binding rules which the debtor may not breach, impair, diminish, or reCommercial and Labour — Volume 9 · Source page ١١٦
  33. Principle 620The provisions and rules concerning collection of purchased debts. Their nature and purpose. Law 41 of 1993. - The bank acting on behalf of the State demanding debt installments from the debtor and taking enforcement meaCommercial and Labour — Volume 9 · Source page ١١٦
  34. Principle 622The bank managing debts purchased by the State. May supervise the management of pledged assets and the activities carried out in respect of them for the purpose of maximizing their value, increasing their returns, or preCommercial and Labour — Volume 9 · Source page ١١٧
  35. Principle 623Cessation of payment by a customer subject to the provisions of Law 41 of 1993 in accordance with its provisions. The Public Prosecution may request a declaration of his bankruptcy. Article 14. - A customer’s delay in paCommercial and Labour — Volume 9 · Source page ١١٧
  36. Principle 624The conditions governing a declaration of bankruptcy under Law 41 of 1993. - The bank leading the indebtedness undertaking enforcement proceedings against the mortgaged assets. An option it may exercise itself or entrustCommercial and Labour — Volume 9 · Source page ١١٧
  37. Principle 625Enactment of Law 41 of 1993. Its purpose. Addressing Kuwaitis' debts to local banks and investment companies subject to Central Bank supervision after the State purchased them. The facilities this Law granted to civilianCommercial and Labour — Volume 9 · Source page ١١٧

  38. - العمولات والفوائد البنكية

    Principle 626Benefiting from Law 41 of 1993 concerning the State's purchase of certain debts. Its condition. The client must authenticate an acknowledgment of the amount of indebtedness according to the outstanding balance on 1/8/199Commercial and Labour — Volume 9 · Source page ١١٨
  39. Principle 627A contractual stipulation for a commission received by the creditor in excess of the interest prescribed by law. Its effect. The commission is considered consideration for an actual service provided by the creditor. The Commercial and Labour — Volume 9 · Source page ١١٨
  40. Principle 628Commission or benefit and the agreed interest. No prohibition on the creditor combining them, even if this exceeds the legally prescribed maximum interest. The condition thereof. That the commission or benefit is not in Commercial and Labour — Volume 9 · Source page ١١٨

  41. - رقابته على شركات الأموال والاستثمار

    Principle 631The absence from the Commercial Companies Law and its amendments of a provision indicating that the convening of the general assembly of a joint-stock company is conditional upon the Central Bank expressing its opinion oCommercial and Labour — Volume 9 · Source page ١٢٠

  42. - رقابته على شركات الصرافة

    Principle 632Investment companies being subject to Central Bank supervision. Its implication. They are prohibited from carrying on their activity before registration in its register of companies. It may strike them off in certain cirCommercial and Labour — Volume 9 · Source page ١٢٠

  43. - رقابته على عضوية مجالس الإدارة

    Principle 633The legislature's specification of the activities that exchange companies are licensed to conduct and its prohibition on their conducting banking activities, including accepting bank deposits. The Minister of Finance's dCommercial and Labour — Volume 9 · Source page ١٢٠
  44. Principle 634Experience required for membership of a bank's board of directors. Its rules and controls. Article 68 of Law 32/1968. The condition that no negligence, default, or commission of unlawful acts be attributed to the candidaCommercial and Labour — Volume 9 · Source page ١٢٠

  45. - نيابته عن الدولة في شراء المديونيات والتفويض في إدارتها

    Principle 636The Central Bank of Kuwait may lend to banks or public financial or credit institutions, not private ones. Its lending to a private institution. Void and produces no effect. - Its representation of the State in purchasinCommercial and Labour — Volume 9 · Source page ١٢١
  46. Principle 637The laws promulgated concerning the State's purchase of certain debts authorize the Central Bank of Kuwait, on behalf of the State, to purchase the total cash facilities specified therein. The legislature's purpose in thCommercial and Labour — Volume 9 · Source page ١٢١
  47. Principle 638Decree-Law 32 of 1992 authorized the Central Bank of Kuwait to purchase the aggregate distressed debts of Kuwaiti customers owed to local banks and investment companies and Kuwait Finance House. The debts are transferredCommercial and Labour — Volume 9 · Source page ١٢١
  48. Principle 639The Kuwait Bank's representation of the State in purchasing the total cash facilities provided by local banks and by investment companies subject to the supervision of the Central Bank of Kuwait. This entails the transfeCommercial and Labour — Volume 9 · Source page ١٢١
  49. Principle 640The Central Bank of Kuwait is authorized to purchase the total distressed debts of Kuwaiti customers with banks, investment companies and Kuwait Finance House. The prerequisite for that. Those debts must have existed on Commercial and Labour — Volume 9 · Source page
  50. Principle 642The State's purchase of certain debts stipulated in Laws 32/92 and 41/93 results in the State taking the creditor's place with regard to collecting the assigned right against the debtor pursuant to the provisions governiCommercial and Labour — Volume 9 · Source page
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