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. - نقل جوي

    Principle 1217Establishment or negation of the sea carrier's liability for the loss or destruction of the goods. A question of fact for the court of merits. - Carriage by air:-Commercial and Labour — Volume 9 · Source page ٢١٥
  2. Principle 1218The air carrier's obligation. It rests on the carrier's guarantee of the safety of the goods during the period in which they are in its custody. Breach thereof rests on presumed fault. Rebuttable. - 215 - Commercial - ThCommercial and Labour — Volume 9 · Source page ٢١٥
  3. Principle 1219The meaning of carrier in the application of the Warsaw Convention and the Guadalajara Convention supplementary thereto. What falls outside the contract of carriage. Purely physical operations unrelated to the contract oCommercial and Labour — Volume 9 · Source page ٢١٦
  4. Principle 1220Kuwait Airways Corporation’s unloading of goods, transporting them to the places allocated for them at the airport and storing them. Does not terminate the carrier’s custody of these goods. Their destruction during this Commercial and Labour — Volume 9 · Source page ٢١٦
  5. Principle 1221The Kuwaiti’s accession to the Warsaw Convention pursuant to Law 20/1975, rendering its provisions a law among the laws of the State. Application of these provisions to legal relationships resulting from carriage by air.Commercial and Labour — Volume 9 · Source page ٢١٦
  6. Principle 1222The Warsaw Convention and Kuwait's accession thereto. When it becomes applicable law. - The air carrier's liability for delay in carrying passengers. Its basis. A rebuttable presumption of fault. Articles 19, 20 of the WCommercial and Labour — Volume 9 · Source page ٢١٦
  7. Principle 1223The air carrier's obligation. Its nature and limits. Breach thereof rests on presumed fault, but it is capable of proof to the contrary. - The consignee's receipt of the carried goods without objection. Its effect. EstabCommercial and Labour — Volume 9 · Source page ٢١٦
  8. Principle 1224The air carrier's liability for damage relating to the destruction, loss, or damage of baggage and goods while in its custody: 250 francs per kilogram, calculated on the basis of a monetary unit of 65 and a half mg of goCommercial and Labour — Volume 9 · Source page ٢١٦
  9. Principle 1225The air carrier's obligation. Its nature and limits. Breach of it rests on presumed fault on its part, subject to proof to the contrary.Commercial and Labour — Volume 9 · Source page ٢١٧
  10. Principle 1226Depriving the air carrier of the benefit of the maximum limit of its liability. Article 22 of the Warsaw Convention. Its condition. Proof that it or one of its servants committed wilful fault with intent to cause damage,Commercial and Labour — Volume 9 · Source page ٢١٧
  11. Principle 1227The air transport market and persons. What is meant by it. - The competent minister may impose fines on violators of Articles 13, 14, 15, 16 of Law 31 of 1987 concerning the regulation of this market. What Article 20 conCommercial and Labour — Volume 9 · Source page ٢١٧
  12. Principle 1228The insurer’s payment of the entitlement of the insured or the injured party. Its effect. Its subrogation by operation of law to that party’s recourse against the responsible third party for the amount paid. It may exercCommercial and Labour — Volume 9 · Source page ٢١٧
  13. Principle 1229The right to bring an action concerning liability arising from an air carriage contract. Its lapse after 2 years from the day the aircraft reaches its destination, the day it should have arrived, or the day carriage stopCommercial and Labour — Volume 9 · Source page ٢١٧
  14. Principle 1230The air carrier’s liability for delay in transporting passengers. Civil liability based on presumed fault on its part, capable of rebuttal. Its proof that it, its servants, and its agents took all reasonable measures to Commercial and Labour — Volume 9 · Source page ٢١٧

  15. - الوكالة بالعمولة للنقل

    Principle 1231Assessment of compensation arising from an air carrier's liability in the carriage of checked baggage and goods is based on the weight of the consignment, unless the value of its contents exceeds the limit based on the dCommercial and Labour — Volume 9 · Source page ٢١٨
  16. Principle 1232The one-year limitation period applies to actions arising from a contract for the carriage of things, a contract for the carriage of persons, or a transport commission agency contract. Article 162, Commercial. This enumeCommercial and Labour — Volume 9 · Source page ٢١٨

  17. - الشحن والتفريغ

    Principle 1233Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract in its own name or in its principal’s name with a carrier to transport a thing or a person to a specified destination inCommercial and Labour — Volume 9 · Source page ٢١٨
  18. Principle 1234Total loss exempting the consignee from making reservations occurs only where the shipped goods are entirely absent upon unloading - 218 - Commercial the ship at the port of arrival, thereby rendering impossible the deliCommercial and Labour — Volume 9 · Source page ٢١٨
  19. Principle 1235The operations of unloading and delivery. They are not legally inseparable, owing to the differences between their constituent elements and effects. - Delivery. Its nature and effects. - Unloading. Its nature. It is permCommercial and Labour — Volume 9 · Source page ٢١٩
  20. Principle 1236Completion of unloading at a time subsequent to delivery or at a place other than its place. It does not deprive the completed delivery of its legal effects. The utmost consequence is the transfer of the obligation of cuCommercial and Labour — Volume 9 · Source page ٢١٩
  21. Principle 1237Unloading the shipped goods at the port of arrival falls upon the carrier even if there is an unloading contractor. The reason for this. The latter works for the former’s account. - The liability of the loading and unloaCommercial and Labour — Volume 9 · Source page ٢١٩

  22. - تقادم الدعاوى الناشئة عن عقد النقل

    Principle 1238The legislature's unification of the limitation period for actions arising from a contract of carriage by sea and actions arising from a contract of loading and relinquishment at 1 year. The purpose of this. - Grounds foCommercial and Labour — Volume 9 · Source page ٢١٩
  23. Principle 1239The litigants' characterization of the action does not bind the court in giving it its correct characterization. Example concerning characterization of the action as a commission agency for carriage, the debt under whichCommercial and Labour — Volume 9 · Source page ٢١٩
  24. Principle 1240Negotiations that interrupt the limitation period for actions arising from the mind of maritime carriage. Their nature. - 219 - CommercialCommercial and Labour — Volume 9 · Source page ٢١٩
  25. Principle 1241Liability of the carrier and the vessel for loss or damage. Discharged if the action is not brought within one year after delivery or the date on which delivery should have occurred. Nature of this period. A prescriptionCommercial and Labour — Volume 9 · Source page ٢٢٠
  26. Principle 1245Actions arising from a contract for carriage of goods. Time-barred after 1 year. - The period prescribed for barring the hearing of an action. Interrupted by the debtor's acknowledgment of the right.Commercial and Labour — Volume 9 · Source page ٢٢٠
  27. Principle 1247The short limitation period. Its purpose is to protect the carrier against delayed claims and bring disputes to an end. Its subjection to the general rules on suspension and interruption of limitation periods. The legislCommercial and Labour — Volume 9 · Source page ٢٢٠
  28. Principle 1248An action concerning the sea carrier's liability is time-barred upon the expiry of one year from the date of delivery of the goods or the date on which delivery to the consignee should have taken place.Commercial and Labour — Volume 9 · Source page ٢٢١
  29. Principle 1249An action concerning the carrier’s liability for damage to or partial loss of goods. Applicability of the one-year limitation period to it. When it begins. The actions it encompasses. An action concerning the carrier’s cCommercial and Labour — Volume 9 · Source page ٢٢١

  30. - موانىء

    Principle 1250Actions arising from a maritime employment contract become time-barred after one year. What interrupts this limitation period. A demand by letter with acknowledgment of receipt, settlement negotiations, or the appointmenCommercial and Labour — Volume 9 · Source page ٢٢١
  31. Principle 1251The Public Ports Corporation. Not liable for any damage, shortage or loss affecting the goods as a result of fire while stored in the port warehouses. The basis thereof.Commercial and Labour — Volume 9 · Source page ٢٢١
  32. Principle 1252The port is the carrier’s statutory representative in performing its obligation to deliver the piece to the consignee. The effect thereof.Commercial and Labour — Volume 9 · Source page ٢٢١
  33. Principle 1253In maritime carriage. The maritime stage, beginning with loading and ending with unloading, is subject to the Brussels Convention and the Maritime Commerce Code. Operations preceding and following this stage are governedCommercial and Labour — Volume 9 · Source page ٢٢١
  34. Principle 1254The carrier's obligation. An obligation to achieve a result. The carrier's liability continues until the consignee actually takes delivery of his goods. Damage sustained by the goods while in the port warehouses. The carCommercial and Labour — Volume 9 · Source page ٢٢١
  35. Principle 1256The carrier's obligation is an obligation to achieve a result by transporting the thing and delivering it intact to its owner. Loss of the thing before actual delivery entails its liability. It may avert liability by proCommercial and Labour — Volume 9 · Source page ٢٢٢
  36. Principle 1257The carrier's obligation to achieve a result by transporting nothing and delivering it intact to its owner. Destruction of the thing before actual delivery entails the carrier's liability for it. Rebuttal of liability byCommercial and Labour — Volume 9 · Source page ٢٢٢
  37. Principle 1259Claims directed by the right-holder against the Port Authority. Their subjection to the provisions on short limitation periods. The basis thereof. Article 74 of Decree 7 of 1959 concerning Public Ports.Commercial and Labour — Volume 9 · Source page ٢٢٢
  38. Principle 1260Subsequent general legislation does not impliedly repeal earlier special legislation. An example concerning the General Ports Law.Commercial and Labour — Volume 9 · Source page ٢٢٢

  39. - سفينة

    Principle 1262Absence of the carrier’s liability for damage sustained by the goods owing to the vessel’s unseaworthiness. Its condition. Proof that it exercised sufficient diligence or reasonable vigilance at the commencement of the vCommercial and Labour — Volume 9 · Source page ٢٢٣
  40. Principle 1263Assessment of whether the carrier exercised sufficient diligence upon sailing to make the vessel seaworthy. A question of fact within the exclusive authority of the court of merits.Commercial and Labour — Volume 9 · Source page ٢٢٣
  41. Principle 1265Conservatory arrest of a vessel. Its validity is conditional upon the vessel being owned by the debtor.Commercial and Labour — Volume 9 · Source page ٢٢٣
  42. Principle 1267Ship's agent. An agent for the maritime carrier in actions arising from maritime carriage. Impleading it suffices for the action to be considered brought against the party having capacity, without the need to implead theCommercial and Labour — Volume 9 · Source page ٢٢٣
  43. Principle 1268The ship’s agent represents the maritime carrier; he must hold Kuwaiti nationality and be registered in the register of the Ministry of Communications. His obligation to deposit a bank guarantee at a Kuwaiti bank. Its puCommercial and Labour — Volume 9 · Source page ٢٢٣
  44. Principle 1269The ship's agent and a representative of the maritime carrier and actions arising from maritime carriage operations. Joining him as a party to those actions is sufficient, without the need to join the carrier. The reasonCommercial and Labour — Volume 9 · Source page ٢٢٣
  45. Principle 1270The unloading contractor is a subordinate of the vessel, and the carrier is liable to the consignee for its faults. The consignee may not have contractual recourse against it. - Absolute prohibition of the consignee’s reCommercial and Labour — Volume 9 · Source page ٢٢٤
  46. Principle 1271It is sufficient that the agency of the ship’s maritime agent be established under the general rules for those interested in the goods to have the right to sue it as representative of the carrier and in the enforcement oCommercial and Labour — Volume 9 · Source page ٢٢٤
  47. Principle 1272The matter of granting and renewing licences for fishing vessels in territorial waters, prohibiting their issuance, determining the number of vessels, and assessing whether a necessity exists to issue new licences exceptCommercial and Labour — Volume 9 · Source page ٢٢٤
  48. Principle 1273The ship's agent. The representative of the maritime carrier in actions arising from maritime carriage operations, brought by or against it in the locality where the agent's office is situated. Joining the agent as a parCommercial and Labour — Volume 9 · Source page
  49. Principle 1274The towage contract. Its nature. Damage to the towed vessel caused by the towing vessel. Its effect. The towage operator's contractual liability for damage occurring to the towed vessel. Proof of fault on the part of theCommercial and Labour — Volume 9 · Source page
  50. Principle 1275Recourse to the provisions of the general law. Permissible only in respect of matters not regulated by the special law. - Conservatory arrest of a ship. Bringing an action to validate the arrest and establish the right. Commercial and Labour — Volume 9 · Source page
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