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

Search this collection

  1. - معاهدة بروكسل

    Principle 55Conditions exempting the maritime carrier from liability or reducing it. Absolutely void. Article 3/8 of the Brussels Convention on Bills of Lading. The reason for this.Commercial and Labour — Volume 9 · Source page ١٨
  2. Principle 56The reservation entered by the carrier in the bill of lading. The conditions for recognizing it as relieving the carrier of liability for the loss of the goods delivered to it. The burden of proving these conditions. It Commercial and Labour — Volume 9 · Source page ١٨
  3. Principle 57The sea carrier’s obligation to achieve a result. Its implication: the carrier’s fault is presumed unless it rebuts it by force majeure or an external cause. The provisions of the second paragraph of Article Four of the Commercial and Labour — Volume 9 · Source page ١٩
  4. Principle 58Exemption of the carrier from liability for loss or damage arising from fire. Its prerequisite. Proof of a causal relationship between the damage and the fire. Its implication: the burden of proving that the fire occurreCommercial and Labour — Volume 9 · Source page ١٩
  5. Principle 59The sea carrier's obligation. Ends only upon actual delivery of the shipped goods to the consignee. The reason for this. Its obligation is to achieve a result. Its liability is discharged only by proving an extraneous caCommercial and Labour — Volume 9 · Source page ١٩
  6. Principle 60Goods stowed on the deck of a ship are not subject to the provisions of the Brussels Convention where this is stated in the bill of lading and carriage actually takes place with the goods stowed on the deck of the ship. Commercial and Labour — Volume 9 · Source page ١٩
  7. Principle 61Neither the carrier nor the vessel is liable for loss or damage resulting from fire unless it occurs through the carrier's act or fault. The basis for this. If the shipper wishes to hold the carrier liable for the fire, Commercial and Labour — Volume 9 · Source page ١٩
  8. Principle 62Goods stowed on the deck of the vessel are not subject to the provisions of the Borksel Convention whenever this is stated in the bill of lading and carriage actually took place with the goods stowed on the deck of the vCommercial and Labour — Volume 9 · Source page ١٩
  9. Principle 63The maritime carrier—under the Brussels Convention—is exempt from liability for loss or damage resulting or arising from fire unless the fire occurred through his act or fault. The shipper bears the burden of proving theCommercial and Labour — Volume 9 · Source page ١٩
  10. Principle 65Loss of or damage to goods as a result of fire. The sea carrier is not liable therefor unless the fire was caused by its act or fault. It is otherwise exempt from liability. Article 4/2 of the Brussels Convention. - BurdCommercial and Labour — Volume 9 · Source page ٢٠

  11. منظمات دولية

    Principle 66The maritime carrier—under the Brussels Convention—is liable for loss or damage affecting the goods discovered at the port of arrival, on the presumption that the damage occurred between loading and unloading, unless it Commercial and Labour — Volume 9 · Source page ٢٠

  12. منظمة التجارة العالمية

    Principle 67International responsibility. Its import. The State is not liable for damage sustained by individuals because of war, on the basis of force majeure. The reason for that. The aggressor bears the burden of responsibility. Commercial and Labour — Volume 9 · Source page ٢٠

  13. جات

    Principle 68Member States of the World Trade Organization. They may defer application of the provisions of that agreement for five years from the date it enters into force for them, and that period may be extended until the State adCommercial and Labour — Volume 9 · Source page ٢٠

  14. مجلس التعاون لدول الخليج العربي

    Principle 69Kuwait's accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Its implication. The Commercial and Labour — Volume 9 · Source page ٢١
  15. Principle 70The inclusion in the Unified Economic Agreement between the Cooperation Council states of a provision stipulating their agreement on the implementing rules concerning each state's treatment of nationals of the other CounCommercial and Labour — Volume 9 · Source page ٢١
  16. Principle 71Acquisition by a product manufactured in a Gulf Cooperation Council state of the national-origin status required for exemption from customs duties under the Unified Economic Agreement between the Gulf Cooperation CouncilCommercial and Labour — Volume 9 · Source page ٢١
  17. Principle 72Agricultural, animal, and industrial products and products of natural resources in the Gulf Cooperation Council States. Their exemption from customs duties and charges having equivalent effect upon entering a Council StaCommercial and Labour — Volume 9 · Source page ٢٢
  18. Principle 73Employing workers who are neither Kuwaitis nor citizens of the Cooperation Council for the Arab States of the Gulf. Its condition. - Issuing work permits and authorizations for foreigners, and renewing and transferring tCommercial and Labour — Volume 9 · Source page ٢٢
  19. Principle 74Payment of the salaries of Kuwaitis and those holding the nationality of a Gulf Cooperation Council State from the date of the invasion until the date of commencing work after liberation, and treating their period of serCommercial and Labour — Volume 9 · Source page ٢٢
  20. Principle 75The Economic Agreement between the Gulf Cooperation Council States, which the State of Kuwait approved pursuant to Law 5 of 2003 and which has been effective from the date of its publication in the Official Gazette on 24Commercial and Labour — Volume 9 · Source page ٢٢

  21. عادات جارية

    Principle 77Interest may not be collected on accrued interest. - The total interest collected by the creditor. It may not exceed the principal. Exception: cases provided for by law and without prejudice to commercial rules and custoCommercial and Labour — Volume 9 · Source page ٢٣
  22. Principle 78Clarity of the wording of a contract. Its effect. Departure from it by way of interpretation is impermissible. - Where there is scope for judicial interpretation of a contract. The obligation to ascertain the common inteCommercial and Labour — Volume 9 · Source page ٢٣
  23. Principle 79Interpretation of instruments and disputed terms. Its criteria: not relying on the meaning conveyed by a particular expression, and the requirement to adopt the meaning conveyed by the expressions in their entirety. ClarCommercial and Labour — Volume 9 · Source page ٢٣

  24. حظر دولي

    Principle 80The obligation to ascertain the common intention, prevailing customs and true intent of the contracting parties when interpreting the contract. - And see: Contract (8) International ProhibitionCommercial and Labour — Volume 9 · Source page ٢٣

  25. - لجنة إدارة سوق الكويت للأوراق المالية

    Principle 82The committee constituted under the chairmanship of the Minister of Commerce and Industry is entrusted with managing the Kuwait Stock Exchange. It may undertake all measures necessary for managing the market, including eCommercial and Labour — Volume 9 · Source page ٢٤
  26. Principle 83A shareholder in a shareholding company listed on the Kuwait Stock Exchange. His obligation to notify the Exchange and the company’s board of directors, by registered letter with acknowledgment of receipt, of every direcCommercial and Labour — Volume 9 · Source page ٢٤
  27. Principle 84The committee formed pursuant to Article Five of the Decree issued on 14/8/1983 regulating the Kuwait Stock Exchange. Its competence to manage the Exchange and its power to impose the penalty of excluding shares involvedCommercial and Labour — Volume 9 · Source page ٢٥

  28. - لجنة التحكيم بسوق الكويت للأوراق المالية

    Principle 85A continuing administrative decision. Its nature. A request for its annulment is not bound by the time limit prescribed by law for bringing an annulment action. Decisions of the Kuwait Stock Exchange Management CommitteeCommercial and Labour — Volume 9 · Source page ٢٥
  29. Principle 86Decisions issued by the Arbitration Committee at the Kuwait Stock Exchange. Final and enforceable, and may not be challenged by any of the methods of challenge provided for in the Code of Procedure.Commercial and Labour — Volume 9 · Source page ٢٥
  30. Principle 87The decision of the Arbitration Committee of the Kuwait Stock Exchange. Its draft must be signed by the Committee's chairman and members. It is valid if its original copy is signed by its chairman and secretary and its dCommercial and Labour — Volume 9 · Source page ٢٥
  31. Principle 88The award of the arbitration committee of the Kuwait Stock Exchange. Final and binding on both parties to the dispute. Bringing an action challenging it on grounds that do not fall within any of the cases exceptionally pCommercial and Labour — Volume 9 · Source page ٢٥

  32. - لجنة التظلمات من تثمين البضائع بالجمارك

    Principle 89The draft decision of the Arbitration Committee—at the Kuwait Stock Exchange—containing the reasons for determination of the dispute must be signed by the committee’s chairman and members. Its signature by the majority. Commercial and Labour — Volume 9 · Source page ٢٥

  33. - لجنة الطعون الضريبية

    Principle 90Legislation regulating tax assessment procedures. Its relation to public policy. Contravention thereof. Its effect. Nullity. - Assessment of customs duty on goods. How it is carried out. By valuing them according to theiCommercial and Labour — Volume 9 · Source page ٢٦

  34. - ما يتعلق بالنظام العام

    Principle 92Regulation of commercial premises licenses pursuant to Law No. 32/1969. Prohibition thereof for non-Kuwaitis. Their conditions and nature. Violation thereof. Revocation of the license. This pertains to public policy. ExaCommercial and Labour — Volume 9 · Source page ٢٧
  35. Principle 93Whatever part of the challenged judgment is not covered by the cassation appeal becomes final and irrevocable and may not be disturbed, as this pertains to public policy. Example. Jurisdiction of the arbitration panel prCommercial and Labour — Volume 9 · Source page ٢٧
  36. Principle 94The general rule is that agreement on default interest exceeding its prescribed maximum is impermissible. Contravention of this. Its effect. Nullity. This pertains to public policy.Commercial and Labour — Volume 9 · Source page ٢٧
  37. Principle 95Prohibition on issuing licenses for shops and establishments to non-Kuwaitis for the purpose of engaging in commerce or practicing a profession or craft. Contravention thereof. Its effect is nullity. This nullity relatesCommercial and Labour — Volume 9 · Source page ٢٧
  38. Principle 96A legal ground relating to public policy. Invoking it for the first time before the Court of Cassation. Its condition. Establishing that all the elements enabling the court of merits to apprehend it of its own motion werCommercial and Labour — Volume 9 · Source page ٢٧
  39. Principle 97The provisions concerning registration of real estate dispositions and judgments establishing any thereof. Intended to protect real estate credit. Their connection with public policy. - 27 - CommercialCommercial and Labour — Volume 9 · Source page ٢٧
  40. Principle 98The jurisdiction of the Bankruptcy Court specified in Law 75/83 over disputed debts, except those concerning registered debts within the jurisdiction of the Arbitration Panel. Subject-matter jurisdiction pertaining to puCommercial and Labour — Volume 9 · Source page ٢٨
  41. Principle 99Brokerage is a commercial activity. Its practice by a non-Kuwaiti is impermissible. A brokerage contract in which the broker is non-Kuwaiti. Absolutely void, with such nullity relating to public order. It cannot constituCommercial and Labour — Volume 9 · Source page ٢٨
  42. Principle 100The judgment stating in its reasons that the default interest rate must be calculated within the limit of 7%, then awarding interest at rates of 7%, 10%, 12%. A contradiction vitiating the judgment. - Awarding interest eCommercial and Labour — Volume 9 · Source page ٢٨
  43. Principle 101Determining whether a legal rule relates to public policy or not. A question of law. Subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. ReCommercial and Labour — Volume 9 · Source page ٢٨
  44. Principle 102The regulation of commercial premises licenses set out in Law No. 32 of 1969, and their opening and ownership. A matter of public policy.Commercial and Labour — Volume 9 · Source page ٢٨
  45. Principle 103The legislature’s imposition of a particular form for a contract or its amendment. Aimed at a public interest connected with public policy. Failure to comply with the formality. Its effect. Non-existence of the contract Commercial and Labour — Volume 9 · Source page ٢٨
  46. Principle 105Prohibition on a non-Kuwaiti engaging in commerce in Kuwait independently. Purpose of the prohibition. Protecting local commerce and safeguarding national commercial activity from competition by the foreign element. ThisCommercial and Labour — Volume 9 · Source page ٢٩
  47. Principle 106A contract whereby a partner in a limited liability company assigns their share. Official form is required; otherwise it is void. This nullity relates to public order. Its implication. Everyone is presumed to know of it.Commercial and Labour — Volume 9 · Source page ٢٩
  48. Principle 107The insurer's statutory subrogation to the insured in the actions the latter has against the person responsible for the insured damage. Its condition is the insurer's payment of the insurance amount. And to the extent ofCommercial and Labour — Volume 9 · Source page ٢٩
  49. Principle 108Practising the legal profession in Kuwait. Its prohibition for a foreigner except as exempted This prohibition pertains to public policy.Commercial and Labour — Volume 9 · Source page ٢٩
  50. Principle 109The arbitral tribunal for disputes concerning company shares transacted on deferred terms. Its exclusive jurisdiction to adjudicate these disputes and the claims arising therefrom, including those relating to rights estaCommercial and Labour — Volume 9 · Source page
PreviousPage 2 of 82Next