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. المنشأة الفردية

    Principle 1111A sole proprietorship is not a juridical person with a separate patrimony; rather, it is part of its owner’s patrimony, and he is the person with standing to litigate on its behalf before the courts.Commercial and Labour — Volume 9 · Source page ٢٠١
  2. Principle 1113A sole proprietorship lacks capacity to acquire rights and assume obligations and has no personality for the purposes of litigation. It is an element of its owner's patrimony, and the owner is the person with standing toCommercial and Labour — Volume 9 · Source page ٢٠١
  3. Principle 1114A sole proprietorship is part of its owner’s patrimony and lacks capacity to acquire rights or bear obligations and lacks capacity to be a party to litigation. The person with standing in litigation concerning it is the Commercial and Labour — Volume 9 · Source page ٢٠١
  4. Principle 1115A sole proprietorship is not considered a legal person with a separate patrimony. Who sues and is sued on its behalf.Commercial and Labour — Volume 9 · Source page ٢٠١
  5. Principle 1117An establishment without legal personality. An element of its proprietor's patrimony. The consequence. It lacks capacity to be a party, so it may not sue, and its proprietor conducts litigation concerning it. - ConstitutCommercial and Labour — Volume 9 · Source page ٢٠١
  6. Principle 1118A sole proprietorship has no existence independent of its proprietor. It is considered an element of his patrimony. The consequence: it may neither sue nor be sued as claimant or defendant; rather, its proprietor conductCommercial and Labour — Volume 9 · Source page ٢٠١

  7. مصنفات فنية

    Principle 1119A sole proprietorship. It is not a legal person with a separate patrimony, but is part of its owner's patrimony. Consequence thereof: registration of a trademark in its name is merely registration in its owner's name, anCommercial and Labour — Volume 9 · Source page ٢٠٢

  8. براءة الاختراع

    Principle 1120Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value, type, purpose of authorship or manner of expression. Article 1 of Law 64/1999 concerninCommercial and Labour — Volume 9 · Source page ٢٠٢

  9. معارض

    Principle 1121Grant of a patent. Its condition. That the invention concern a new innovation in which no one preceded its owner. Public use of the invention within Kuwait during the 20 years preceding the date of filing the patent applCommercial and Labour — Volume 9 · Source page ٢٠٢

  10. فنادق

    Principle 1122Opening or owning establishments and offices for the purpose of engaging in commerce or practising any craft or profession. Its regulation by the legislature under Law 32/1969. The purpose thereof. Verifying the satisfacCommercial and Labour — Volume 9 · Source page ٢٠٣

  11. إعلانات

    Principle 1123Opening or owning establishments and offices for the purpose of engaging in commerce or practising any craft or profession. Regulation thereof by the legislature under Law 32/1969. Its purpose. Ascertaining that the condCommercial and Labour — Volume 9 · Source page ٢٠٣
  12. Principle 1124The term of an advertising license granted by the Municipality. One renewable year. The Municipality may, in cases of necessity or in consideration of public-interest requirements, cancel the license or shorten its term.Commercial and Labour — Volume 9 · Source page ٢٠٣

  13. - نقل الأشخاص والأشياء

    Principle 1126The consignee's acceptance of the document and receipt of the goods pursuant to it. He may not invoke the consignor's failure to sign the transport document.Commercial and Labour — Volume 9 · Source page ٢٠٤
  14. Principle 1127The consignee’s receipt of the goods at customs without reservation. Her bringing her action after a period exceeding thirty days from the date of delivery. Its effect. Extinguishment of her right to claim. Article 453 oCommercial and Labour — Volume 9 · Source page ٢٠٤
  15. Principle 1128The scope of application of the Warsaw Convention for the Unification of Certain Rules Relating to Carriage by Air. - The carrier’s obligation under the Warsaw Convention is an obligation of means. Its liability is excluCommercial and Labour — Volume 9 · Source page ٢٠٤
  16. Principle 1129Evidence establishing the loss of the package after the shipped goods left the air carrier’s custody and were received by the Customs Administration. Absence of the carrier’s liability under the Warsaw Convention.Commercial and Labour — Volume 9 · Source page ٢٠٥
  17. Principle 1130The carrier under the Warsaw Convention. A guarantor of the safety of the goods during the journey until their delivery to the consignee at the airport of arrival. Contravention thereof. Effect thereof. Its liability ariCommercial and Labour — Volume 9 · Source page ٢٠٥
  18. Principle 1131The one-year limitation period applies to actions arising from a contract for the carriage of goods, a contract for the carriage of persons, or a transport commission agency contract. Article 162, Commerce. This enumeratCommercial and Labour — Volume 9 · Source page ٢٠٥
  19. Principle 1132Contract of carriage. Its nature. Writing is not required for its formation or proof. The court of merits may infer its existence from the papers and documents. - A contract of carriage imposes on the carrier an obligatiCommercial and Labour — Volume 9 · Source page ٢٠٥
  20. Principle 1133Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract in his own name or in his principal's name with a carrier to carry a thing or a person to a specified destination in retCommercial and Labour — Volume 9 · Source page ٢٠٥
  21. Principle 1134Contract of carriage. The carrier’s obligation thereunder to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its requirement. The carrier’s liability remains in existence until Commercial and Labour — Volume 9 · Source page ٢٠٥
  22. Principle 1135Proof by the defendant in a liability action that, although he committed a fault, his fault did not contribute to causing the damage, which instead occurred due to an external cause in which he had no involvement. Its efCommercial and Labour — Volume 9 · Source page ٢٠٦

  23. - نقل بحري

    Principle 1136The carrier's liability for injury sustained by the passenger arises without proof of fault on its part. This liability is lifted if it proves that the injury resulted from force majeure or the fault of the injured partyCommercial and Labour — Volume 9 · Source page ٢٠٦
  24. Principle 1137A plea that the action is inadmissible for lack of standing or capacity or for any other reason. It may be raised at any stage of the action. What is meant thereby. A plea of inadmissibility aimed at challenging the abseCommercial and Labour — Volume 9 · Source page ٢٠٦
  25. Principle 1138The shipowner is liable for the contractual obligations entered into by the master for the ship toward a third party acting in good faith who does not know of the ship’s chartering or could not have known of it, whether Commercial and Labour — Volume 9 · Source page ٢٠٦
  26. Principle 1139The nature of the contract of carriage. - The carrier’s performance of other work in addition to its obligation of carriage. Application to such work of the provisions governing the contracts relating thereto. - 206 - CoCommercial and Labour — Volume 9 · Source page ٢٠٦
  27. Principle 1140The contract of carriage by sea. A consensual contract. It may be proved by all means of evidence.Commercial and Labour — Volume 9 · Source page ٢٠٧
  28. Principle 1141The carrier upon whom liability rests exclusively. It is the person who signed, personally or through its agent, the bill of lading and whom the particulars of the bill identify as the carrier.Commercial and Labour — Volume 9 · Source page ٢٠٧
  29. Principle 1142Carriage in an action for liability for performance of the contract of carriage. It is the party with standing and the one bound to the shipper by the contract of carriage. Vis-à-vis the consignee, it is whoever signed tCommercial and Labour — Volume 9 · Source page ٢٠٧
  30. Principle 1143The carrier is the person who signed the bill of lading himself through his agent, whatever his connection with the vessel. Signature of the bill of lading by the vessel’s owner or his agent. His being regarded as solelyCommercial and Labour — Volume 9 · Source page ٢٠٧
  31. Principle 1144The carrier liable to the consignee is the person who signed the bill of lading, whatever his relationship to the vessel. The particulars of the bill indicate that he is the carrier who must be sued in the liability actiCommercial and Labour — Volume 9 · Source page ٢٠٧
  32. Principle 1145The ship's agent is the maritime carrier's legal representative in actions arising from the contract of carriage. It is sufficient to sue him in that capacity without the carrier.Commercial and Labour — Volume 9 · Source page ٢٠٧
  33. Principle 1146The shipowner's liability. Its scope. His remaining liable towards a third party acting in good faith who does not know of the chartering of the ship or could not have known of it, whether he is the operator or has chartCommercial and Labour — Volume 9 · Source page ٢٠٧
  34. Principle 1147The defendant's name appearing without mention of his capacity does not give rise to a plea of inadmissibility of the action for having been brought against a person lacking capacity. The condition therefor. That it be cCommercial and Labour — Volume 9 · Source page ٢٠٧
  35. Principle 1148The consignor and consignee hold the right to bring a liability action against the carrier. Recourse by one of them for compensation precludes the other. The basis of that.Commercial and Labour — Volume 9 · Source page ٢٠٧
  36. Principle 1149The ship's agent is the maritime carrier's agent in actions arising from carriage by sea. Joining it as a defendant suffices for the action to be registered against the proper party, without the need to join the carrier.Commercial and Labour — Volume 9 · Source page ٢٠٧
  37. Principle 1150The consignee is the holder of the right to take delivery of the shipment and bring an action against the carrier. Its assignment of its right to compensation. The effect thereof. The assignee becomes the holder of the rCommercial and Labour — Volume 9 · Source page ٢٠٨
  38. Principle 1151The ship’s agent. Its treatment as the representative of the sea carrier in actions arising from maritime transport operations brought by or against it in the locality where that agent’s office is situated. The legislatuCommercial and Labour — Volume 9 · Source page ٢٠٨
  39. Principle 1152The carrier fulfils its obligation and is discharged from liability through actual delivery by placing the goods at the consignee’s disposal so that he can possess and take them after being notified of the time of their Commercial and Labour — Volume 9 · Source page ٢٠٨
  40. Principle 1153The carrier's obligation to deliver the goods to their owner by actually placing them at his disposal after notifying him. The meaning of delivery in law. Constructive delivery or receipt of the goods by the ports adminiCommercial and Labour — Volume 9 · Source page ٢٠٨
  41. Principle 1154The carrier’s obligation to achieve a result by transporting the thing and delivering it intact to its owner. Loss of the thing before actual delivery entails the carrier’s liability.Commercial and Labour — Volume 9 · Source page ٢٠٨
  42. Principle 1155Failure to deliver the package at the specified time or its loss. Effect thereof. The carrier’s liability therefor. Condition thereof.Commercial and Labour — Volume 9 · Source page ٢٠٨
  43. Principle 1156The general rule is the carrier's liability for damage sustained by the goods owing to the vessel's unfitness for pursuit. The carrier's liability is rebutted by proving that it performed that at the beginning of the voyCommercial and Labour — Volume 9 · Source page ٢٠٨
  44. Principle 1157The carrier’s obligation to provide a seaworthy vessel at the commencement of the voyage and to exercise sufficient diligence before departure. Its effect. Exclusion of its liability for damage resulting from the vessel’Commercial and Labour — Volume 9 · Source page ٢٠٨
  45. Principle 1158The carrier’s obligation is an obligation to achieve a result. When its liability is lifted. - 208 - CommercialCommercial and Labour — Volume 9 · Source page ٢٠٨
  46. Principle 1159The carrier is liable for the safety of the goods until their delivery to the consignee in accordance with their description in the bill of lading. The occurrence of damage during the period of carriage by sea is presumeCommercial and Labour — Volume 9 · Source page ٢٠٩
  47. Principle 1160Failure to notify the carrier or its agent of the loss and its nature at the time of delivery. Its effect. A legal presumption arises in favour of the carrier that delivery was completed. The burden of rebutting it. RestCommercial and Labour — Volume 9 · Source page ٢٠٩
  48. Principle 1161Permissibility of limiting the carrier's liability in certain cases of loss and damage. Its condition.Commercial and Labour — Volume 9 · Source page
  49. Principle 1162A clause exempting the carrier or its subordinates from liability. Its absolute nullity. - The carrier may avert its liability by proving force majeure, an inherent defect in the goods, or fault on the part of the consigCommercial and Labour — Volume 9 · Source page
  50. Principle 1163Invalidity of a condition exempting the carrier from, or reducing its liability for, negligence and tortious fault under the Brussels Convention. - The State of Kuwait's reservation raises the maximum compensation for eaCommercial and Labour — Volume 9 · Source page
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