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. - ماهية عقد التأمين وطبيعته

    Principle 830Validity of judgments. Its condition. That they be founded on clear, manifest reasons derived from the case papers and logically leading to the conclusion reached. Example of a judgment affirming the first-instance judgmCommercial and Labour — Volume 9 · Source page ١٥٥
  2. Principle 831An insurance contract. Its nature. It is a contract under which the insurer undertakes to pay the insured or beneficiary a sum of money, a periodic income, or any other financial compensation upon the occurrence of the aCommercial and Labour — Volume 9 · Source page ١٥٥
  3. Principle 832Insurance against damage must be based on a lawful economic interest, such that the insured risk arises from an activity not contrary to public policy and morals. The reason for this. The impermissibility of insuring risCommercial and Labour — Volume 9 · Source page ١٥٦
  4. Principle 833The insured must clearly state, at the time of concluding the contract, all circumstances known to him which the insurer has an interest in knowing in order to assess the risks it assumes. His silence thereon or provisioCommercial and Labour — Volume 9 · Source page ١٥٦
  5. Principle 834An insurance contract. A consensual contract. The insured’s intention is the insurance application he submits to the insurer as an offer. The insurer’s intention is represented by its issuance of the insurance policy sigCommercial and Labour — Volume 9 · Source page ١٥٦
  6. Principle 835Insurance contract. The insured must state all circumstances known to the insurer at the time the contract is concluded. The insured's failure to do so or provision of an incorrect statement capable of changing the subjeCommercial and Labour — Volume 9 · Source page ١٥٦

  7. - إبرام عقد التأمين

    Principle 836The insurance contract. Its nature. - Entitlement to the insurance amount is the occurrence of the accident or materialization of the risk specified in the contract. - Conclusion of the insurance contract:-Commercial and Labour — Volume 9 · Source page ١٥٧
  8. Principle 837The insurance contract. How it is concluded. The two rules of construing doubt in favour of the debtor or in favour of the adhering party in contracts of adhesion. Articles 160 and 161/3 of the former Commercial Law.Commercial and Labour — Volume 9 · Source page ١٥٧
  9. Principle 838An endorsement to the insurance policy is not completed unless signed by the insurer and delivered to the insured. The reason therefor.Commercial and Labour — Volume 9 · Source page ١٥٧
  10. Principle 839An insurance policy addendum. Its nature and the rules applicable to it. - The insurance contract is concluded by the insurer signing the policy and delivering it to the insured. The same rule applies to what the insurerCommercial and Labour — Volume 9 · Source page ١٥٧
  11. Principle 840The insured’s signature on the insurance policy. It is not necessary for completion of the insurance contract. The reason for this. - Failure of the agreed terms to correspond to those contained in the insurance policy. Commercial and Labour — Volume 9 · Source page ١٥٧
  12. Principle 841The insurance provisions contained in the Civil Code. Their application to all types of insurance, subject to what special legislation provides concerning a particular type thereof.Commercial and Labour — Volume 9 · Source page ١٥٧
  13. Principle 842The insured's obligation to declare accurately, at the time of concluding the contract, all circumstances known to him that are of importance for the insurer to know, and to notify it of circumstances arising during the Commercial and Labour — Volume 9 · Source page ١٥٧
  14. Principle 843An insurance contract is a consensual contract. The insured's signature on its policy. Not necessary. The reason for that. His signature on the insurance application constitutes a firm offer. His silence for thirty days Commercial and Labour — Volume 9 · Source page ١٥٨
  15. Principle 844An endorsement to an insurance contract. An additional agreement between its parties attached to the insurance contract and subject to its provisions, including the requirement of the insured's signature.Commercial and Labour — Volume 9 · Source page ١٥٨
  16. Principle 845The insurance contract is a consensual contract. The insured's application. An offer by him. The insurer's acceptance of the application and preparation of the policy. Its effect. Formation of the contract. Without the nCommercial and Labour — Volume 9 · Source page ١٥٨
  17. Principle 846An insurance contract is a consensual contract. The insured's signature is not necessary for its conclusion. The insured's signing an insurance policy whose terms differ from those agreed upon without requesting correctiCommercial and Labour — Volume 9 · Source page ١٥٨
  18. Principle 847An insurance contract is concluded by the submission of an application by the insured and acceptance by the insured, without the need for the insured to sign the policy and its conditions.Commercial and Labour — Volume 9 · Source page ١٥٨
  19. Principle 848The insured's silence as to any matter the insurer needs to know to be able to assess the risks it assumes, or his submission of an incorrect statement. Its effect. The contract is voidable in the insurer's interest. ThiCommercial and Labour — Volume 9 · Source page ١٥٨
  20. Principle 849The circumstances that the insured must disclose to the insurer when concluding a contract. Their nature. Assessment of the extent of the circumstances the insurer must disclose. Within the authority of the trial court.Commercial and Labour — Volume 9 · Source page ١٥٨
  21. Principle 850The insurer's coverage. Its scope: what is stated in the insurance policy. Its implication: its liability for the risks specified therein. - An agreement in the insurance policy, in prominent type and a different color, Commercial and Labour — Volume 9 · Source page ١٥٨
  22. Principle 851The insurance policy. The insurer's exclusion from insurance coverage of any act committed by the insured contrary to regulations and laws. An unspecified exclusion that is disregarded. The insurer's specification of theCommercial and Labour — Volume 9 · Source page ١٥٩
  23. Principle 852Insurance against work injuries. It is insurance of a debt owed by the insured, the subject matter of which is the risks specified in the insurance contract, thereby conferring an indemnificatory character upon it. - ConCommercial and Labour — Volume 9 · Source page ١٥٩
  24. Principle 853The condition for invoking against the insured, pursuant to Article 782 of the Civil Code, the conditions concerning nullity, forfeiture or arbitration contained in the insurance policy. Highlighting them in a distinctivCommercial and Labour — Volume 9 · Source page ١٥٩

  25. - تفسير عقد التأمين

    Principle 854Forfeiture of the insured's right to compensation occurs only by agreement or legal provision. - The agreement concerning forfeiture of the right to compensation. Must be clear and specific. Reason therefor: it is an excCommercial and Labour — Volume 9 · Source page ١٥٩
  26. Principle 855The insured's right to compensation. Its forfeiture by agreement or statutory provision. Cases of forfeiture, as an exceptional sanction, may not be interpreted expansively.Commercial and Labour — Volume 9 · Source page ١٥٩
  27. Principle 856Interpretation of contracts and disputed terms. Within the authority of the court of merits. It is not bound by what a particular phrase therein establishes. It must adopt what the entirety of the contract's expressions Commercial and Labour — Volume 9 · Source page ١٥٩
  28. Principle 857Arguing for the first time before the Court of Cassation that the insurance contract must be interpreted as a contract of adhesion. Is inadmissible. - 159 - CommercialCommercial and Labour — Volume 9 · Source page ١٥٩

  29. - سبب التزام المؤمن

    Principle 858The driver of the insured car permitting riding on its external door. This is not one of the cases stipulated in Article 76 of the Executive Regulations of the Traffic Law. The insurer's recourse against the insured for Commercial and Labour — Volume 9 · Source page ١٦٠
  30. Principle 859The direct cause of the insurer's obligation is the insurance contract itself, not the rules of Sharia blood money. Example.Commercial and Labour — Volume 9 · Source page ١٦٠
  31. Principle 860The contracting parties are free to determine the risk insured against and the extent and conditions of the coverage to which the insurer is bound. - The insurance company has the right of recourse against the insured foCommercial and Labour — Volume 9 · Source page ١٦٠
  32. Principle 861The criterion for the insurer's recourse to recover compensation it may have paid, whether to the insured or to a third party, is proof that the accident involving the insured vehicle occurred as a result of its driver'sCommercial and Labour — Volume 9 · Source page ١٦٠
  33. Principle 862An insurance policy's inclusion of reasonable restrictions on the insured entitling the insurer to have recourse against him if he breaches them, to recover any compensation it may have paid. The condition for this. The Commercial and Labour — Volume 9 · Source page ١٦٠

  34. - نطاق التأمين

    Principle 863The insurer’s obligation to pay the insurance sum. Its condition. Occurrence of the insured risk. Assessment thereof. Within the trial court’s authority. - Scope of insurance:-Commercial and Labour — Volume 9 · Source page ١٦٠
  35. Principle 864The insurer's liability. Determined by the accidents and risks insured against under the policy. - 160 - CommercialCommercial and Labour — Volume 9 · Source page ١٦٠
  36. Principle 865The insured risk. It must be precisely defined in the insurance contract. The reason for this. Determination of excluded cases in which there is no right of recourse against the insurer.Commercial and Labour — Volume 9 · Source page ١٦١
  37. Principle 866The risk giving rise to coverage. Assessment of whether it has materialized is within the authority of the trial judge.Commercial and Labour — Volume 9 · Source page ١٦١
  38. Principle 867Liability insurance. Its connection with the insured’s assets is governed by an indemnificatory character. The insurer may be subrogated to the insured in claiming the right of the party liable for the damage. The injureCommercial and Labour — Volume 9 · Source page ١٦١
  39. Principle 868The insurer's obligation to pay compensation, other than in the case of liability insurance, is contingent upon realization of the insured risk. The insured may be regarded as the beneficiary if no beneficiary other thanCommercial and Labour — Volume 9 · Source page ١٦١
  40. Principle 870The insurance company's obligation to pay compensation for motor vehicle accidents. Its condition: that the vehicle causing the damage be insured with it and that the accident occur within the borders of the State of KuwCommercial and Labour — Volume 9 · Source page ١٦١
  41. Principle 871Liability insurance need not be confined to the liability of the party contracting with the insurer alone. It may cover the liability of any person who causes the accident specified in the contract, even if the party conCommercial and Labour — Volume 9 · Source page ١٦١
  42. Principle 872The insurer is obliged to compensate for material damage and bodily injuries arising from accidents involving insured motor vehicles, whether the vehicle is moving or stationary. Example.Commercial and Labour — Volume 9 · Source page ١٦١
  43. Principle 873The injured party in motor vehicle accidents. Compensation of that party by the insurance company. Its condition: the vehicle must be insured and its driver's liability for the damage must be established. - 161 - CommercCommercial and Labour — Volume 9 · Source page ١٦١
  44. Principle 874The scope of the insurer's coverage is determined by the limits stipulated in the insurance policy and what is agreed therein. The court of merits has full authority to ascertain the facts of the case and to interpret coCommercial and Labour — Volume 9 · Source page ١٦٢
  45. Principle 876The absence of liability of the driver of the vehicle involved in the accident for his personal acts owing to the absence of the element of fault, and the absence of his liability as the direct actor. Its necessary conseCommercial and Labour — Volume 9 · Source page ١٦٢
  46. Principle 878The insurer’s coverage. Its scope is determined by the limits stipulated in the insurance policy and by what is agreed upon therein.Commercial and Labour — Volume 9 · Source page ١٦٢

  47. - الأثر النسبي لعقد التأمين

    Principle 879The contracting parties are free to specify the insured risk, the extent of the coverage undertaken by the insurer, and its conditions. The import of this. The limits of the insurer's coverage are determined by the subjeCommercial and Labour — Volume 9 · Source page ١٦٢

  48. - الدعوى المباشرة في نطاق عقد التأمين

    Principle 880The conditions contained in the insurance policy. Their scope of application. Confined to the relationship between its two parties. - The direct action within the scope of the insurance contract:-Commercial and Labour — Volume 9 · Source page ١٦٢
  49. Principle 881The vehicle owner's obligation to take out compulsory insurance stipulated for the benefit of third parties suffering injury to their person or property. The effect thereof. A direct right arises for the injured party agCommercial and Labour — Volume 9 · Source page
  50. Principle 882Compensating the injured party in motor accidents with compensation making good the damage, assessed at the amount of the Sharia diya. The amount awarded does not lose its character as compensation. The reason for this.Commercial and Labour — Volume 9 · Source page
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