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. - حلول المؤمن محل المؤمن له أو المضرور قبل المسئول

    Principle 935The insurer’s recourse action for the compensation it paid to the injured party. It is based on its subrogation to the injured party in recourse against the liable person. The meaning thereof. The right assigned to it isCommercial and Labour — Volume 9 · Source page ١٧١
  2. Principle 936The insurer's payment to the insured or the injured party of his entitlement. Its effect. Its subrogation by law to his position in recourse against the liable third party for what it has paid. It may exercise the insureCommercial and Labour — Volume 9 · Source page ١٧١
  3. Principle 937Payment of a debt. Its effect. Subrogation of the payer to the creditor's position. - The insurer and the third party responsible for the vehicle accident. The source of each one's obligation to compensate differs: the fCommercial and Labour — Volume 9 · Source page ١٧٢
  4. Principle 938Liability insurance. Its nature. The insurer may be subrogated to the insured in claiming his right against the person responsible for the damage. - The injured party in liability insurance. Is not considered the beneficCommercial and Labour — Volume 9 · Source page ١٧٢
  5. Principle 939The insurer's payment to the insured of the damage insurance amount. Its effect. Its statutory subrogation to the insured's rights against the third party responsible for the damage. This subrogation is confined to actioCommercial and Labour — Volume 9 · Source page ١٧٢
  6. Principle 940Payment by the insurer to the insured or the injured party. Its effect. Its statutory subrogation to the latter's right of recourse against the responsible third party for what it paid, exercising the insured's right witCommercial and Labour — Volume 9 · Source page ١٧٣
  7. Principle 941The insurance company may have recourse against the insured for the amount of compensation it may have paid in two cases. Their nature: breach of reasonable conditions or the existence of one of the cases provided for inCommercial and Labour — Volume 9 · Source page ١٧٣

  8. - إعادة التأمين

    Principle 943The guardian's receipt from the insurance company of compensation encompassing all damage sustained by the injured person. Is not considered . Reason therefor. A settlement requires each party reciprocally to relinquish Commercial and Labour — Volume 9 · Source page ١٧٣
  9. Principle 945Reinsurance contract: its nature and the relationships it creates. - The insured is the person who undertakes to perform the obligations corresponding to the insurer's obligations and who receives from it the insurance sCommercial and Labour — Volume 9 · Source page ١٧٤

  10. - حدود مسئولية المؤمن في هذا النوع من التأمين

    Principle 946Commercial debts. The general rule is that default interest accrues on them as soon as they fall due. Its condition. That their subject matter be a sum of money of a known amount when it arises. Absence thereof. Its effeCommercial and Labour — Volume 9 · Source page ١٧٤
  11. Principle 947Occurrence of the insured risk is insufficient to establish the insurer’s liability. The beneficiary must suffer damage because of that risk. The burden of proving that damage. On the beneficiary.Commercial and Labour — Volume 9 · Source page ١٧٤
  12. Principle 948The insurer’s obligation to cover civil liability arising from damage sustained by any passenger in accidents - 174 - Commercial involving vehicles intended for transporting passengers or goods alike. A judgment’s restriCommercial and Labour — Volume 9 · Source page ١٧٤
  13. Principle 949The insurer’s obligation to cover civil liability arising from damage sustained by any passenger in accidents involving vehicles intended for transporting passengers or goods alike. There is no validity to the assertion Commercial and Labour — Volume 9 · Source page ١٧٥
  14. Principle 950The insurer's obligation to cover civil liability arising from accidents involving motor vehicles intended for carrying passengers or goods. It includes persons permitted to ride as workers and those not permitted to ridCommercial and Labour — Volume 9 · Source page ١٧٥
  15. Principle 951The insurer may have recourse against the insured for the amount of compensation paid where permission is given for it to be driven by an intoxicated driver. - The former owner's liability for the vehicle continues untilCommercial and Labour — Volume 9 · Source page ١٧٥
  16. Principle 952The former owner of the insured vehicle being jointly and severally liable with its new owner towards the insurer for the amount of compensation it may have paid to the injured party until the date of transfer of the licCommercial and Labour — Volume 9 · Source page ١٧٥
  17. Principle 953Transfer of ownership of the insured thing to a particular successor. Its effect. - The owner of the new car causing an accident without holding a driving licence and before the vehicle licence is transferred to him. TheCommercial and Labour — Volume 9 · Source page ١٧٥
  18. Principle 954The insurer's obligation to compensate the actual damage suffered by the injured party and its obligation to compensate the injury itself under the rules of Sharia blood money.Commercial and Labour — Volume 9 · Source page ١٧٥
  19. Principle 955The contracting parties may modify the rules of contractual liability where the modification is within the limits of the law and public policy. - 175 - Commercial - The permissibility of including reasonable restrictionsCommercial and Labour — Volume 9 · Source page ١٧٥
  20. Principle 956The insurance company’s obligation to cover civil liability arising from damage suffered by any passenger from accidents involving vehicles intended for passenger transport and those intended for goods transport, whetherCommercial and Labour — Volume 9 · Source page ١٧٦
  21. Principle 957Exclusion of the applicable provisions of foreign law is impermissible unless they contravene public policy or morals in Kuwait, affect the entity of the State, or concern a public and fundamental interest of the communiCommercial and Labour — Volume 9 · Source page ١٧٦
  22. Principle 958Insurance against civil liability for motor vehicle accidents. Compulsory for the benefit of third parties suffering injury to their persons or property. It confers upon the injured person a personal right recoverable frCommercial and Labour — Volume 9 · Source page ١٧٦
  23. Principle 959Compulsory motor insurance. Its coverage of material or moral damage.Commercial and Labour — Volume 9 · Source page ١٧٦
  24. Principle 960The injured person in car accidents has a direct right to compensation derived from the Traffic Law. He may recover it from the insurance company. This requires only that the car be insured and its driver's liability forCommercial and Labour — Volume 9 · Source page ١٧٦
  25. Principle 961The motor vehicle owner's obligation to insure against civil liability is stipulated for the benefit of third parties. The injured party's right of recourse against the insurer is a direct right derived from the law. ItsCommercial and Labour — Volume 9 · Source page ١٧٦
  26. Principle 962Requiring the vehicle owner to obtain compulsory insurance is stipulated for the benefit of third parties who sustain injury to their persons and damage to their property. The effect thereof. The injured party has a direCommercial and Labour — Volume 9 · Source page ١٧٧
  27. Principle 963The insurer under compulsory insurance against motor vehicle accidents and the responsible third party. Their obligation concerns the same debt despite its differing sources. The effect of that. Their concurrent liabilitCommercial and Labour — Volume 9 · Source page ١٧٧
  28. Principle 964Non-pecuniary damage. Its nature. - The insurance company's obligation to compensate all damage sustained by third parties under compulsory motor accident insurance. This includes non-pecuniary damage.Commercial and Labour — Volume 9 · Source page ١٧٧
  29. Principle 965The obligation of the insurer and the third party responsible for the accident to compensate the injured party for liability arising from motor vehicle accidents. Their concurrent liability for payment. The source of eacCommercial and Labour — Volume 9 · Source page ١٧٧
  30. Principle 966Requiring the insurance company, in its capacity as insurer of the vehicle that caused the accident, to compensate for moral damage. No defect. The basis of this.Commercial and Labour — Volume 9 · Source page ١٧٧
  31. Principle 967Motor vehicle insurance. Compulsory for the benefit of third parties. The insurer’s obligation to cover civil liability arising from property damage and bodily injury resulting from vehicle accidents. The injured party aCommercial and Labour — Volume 9 · Source page ١٧٧
  32. Principle 968The insurer is obliged to compensate for material damage and bodily injuries arising from accidents involving insured motor vehicles, provided that the accident occurred as a result of the vehicle's active intervention, Commercial and Labour — Volume 9 · Source page ١٧٨
  33. Principle 969Obliging the insurance company 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 State of Kuwait. Article 6 of tCommercial and Labour — Volume 9 · Source page ١٧٨
  34. Principle 970Insurance companies' obligation to compensate for motor accidents - under compulsory insurance - Its condition: that the vehicle causing the damage be insured with them and that the accident occur within the territory ofCommercial and Labour — Volume 9 · Source page ١٧٨
  35. Principle 971Fracture of the clavicle. Compensation therefor is an equitably assessed indemnity for which the direct actor is not liable. The elements of compensation under the rules of tort liability must be present. Acquittal of thCommercial and Labour — Volume 9 · Source page ١٧٨
  36. Principle 972Insurance against motor vehicle accidents. Its scope. Article 64 of the Executive Regulations of the Traffic Law. Insurance coverage does not extend to the vehicle’s driver, spouse, parents, and children. The insurance cCommercial and Labour — Volume 9 · Source page ١٧٨

  37. - شرط السرعة

    Principle 973Subrogation of the payer to the creditor’s position whenever the payer is liable for the debt on behalf of the debtor or obliged to pay it on his behalf. Statutory subrogation. - 178 - Commercial - The insurer under compCommercial and Labour — Volume 9 · Source page ١٧٨
  38. Principle 974A provision in the insurance contract that the insurance company is not liable for compensation if the insured breaches a condition therein prohibiting speed exceeding the limit permitted by the Traffic Department. - A cCommercial and Labour — Volume 9 · Source page ١٧٩
  39. Principle 975The speed intended in the insurance policy is that exceeding the limit imposed by the Traffic Law, not that which the condition of the road at the time of the accident cannot accommodate.Commercial and Labour — Volume 9 · Source page ١٧٩
  40. Principle 976The insurance policy's inclusion of a restriction upon the insurer not to drive the car at a speed exceeding the rate stipulated in traffic laws, failing which his right to compensation is forfeited, is among the reasonaCommercial and Labour — Volume 9 · Source page ١٧٩
  41. Principle 977The binding effect of a criminal judgment in a civil action. Its limits. The conviction judgment being based on fault consisting of driving the vehicle at a speed exceeding that legally prescribed. The civil judgment mayCommercial and Labour — Volume 9 · Source page ١٧٩
  42. Principle 979Specifying the condition concerning speed, driving against the direction of traffic, and passing a traffic light. In a manner entitling the insurer to recourse against the insured. As reasonable conditions that do not coCommercial and Labour — Volume 9 · Source page ١٨٠
  43. Principle 980The contracting parties' freedom to modify the rules of contractual liability within the limits of the law and public policy. - An insurance policy containing reasonable restrictions on the insured's use and driving of tCommercial and Labour — Volume 9 · Source page ١٨٠
  44. Principle 981An insurance policy's inclusion of a term granting the insurer the right to have recourse against the insured for the amount of compensation it may have paid where the vehicle is driven at a speed exceeding the limit preCommercial and Labour — Volume 9 · Source page ١٨٠
  45. Principle 982The insurer’s recourse action against the insured for the compensation it paid to the injured party, based on his breach of the terms of the insurance policy by driving the vehicle at a speed exceeding the prescribed limCommercial and Labour — Volume 9 · Source page ١٨٠

  46. - التأمين على الحياة

    Principle 983The principle is the contracting parties’ freedom to modify the rules of liability. The condition for this. Observance of the limits of the law and the rules of public policy. - Inclusion in the insurance policy of an exCommercial and Labour — Volume 9 · Source page ١٨٠
  47. Principle 984Rescission of a contract. Its effect: restoring the contracting parties to the position they were in at the time of contracting. A continuing contract is excepted from this. Dissolution is confined to the future and doesCommercial and Labour — Volume 9 · Source page ١٨١

  48. - التأمين في مجال إصابات العمل

    Principle 986Insurance contract. Its nature. A contract under which the insurer undertakes to pay the insured or the beneficiary a sum of money, a periodic income, or any other pecuniary consideration upon the occurrence of the accidCommercial and Labour — Volume 9 · Source page ١٨١
  49. Principle 988The insured's obligation to notify the insurer of what the insurance policy requires concerning the carrier's name. Inference of his performance thereof. A matter for the trial court. Example.Commercial and Labour — Volume 9 · Source page
  50. Principle 989Ship’s agent. Legal representative of the maritime carrier in actions arising from the contract of carriage. Matters falling outside - 181 - Commercial these actions. He has no standing therein. Example concerning an actCommercial and Labour — Volume 9 · Source page
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