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. - شحن

    Principle 1276The loading and unloading contract. Its principal subject matter is the performance of the physical operations of loading and unloading goods and what follows therefrom.Commercial and Labour — Volume 9 · Source page ٢٢٥

  2. - جمارك

    Principle 1279A (C and F) sale is a sale upon shipment to which the rules of a CIF sale apply, except for the seller’s obligation - 225 - Commercial to insure the goods during the sea voyage for the buyer’s benefit; thus the seller beCommercial and Labour — Volume 9 · Source page ٢٢٥
  3. Principle 1280Enjoyment of exemption from customs duties on goods of national origin under the Unified Economic Agreement between the Gulf Cooperation Council states. Its conditions. The certificate of origin must accompany the goods Commercial and Labour — Volume 9 · Source page ٢٢٦
  4. Principle 1281Authorisation for temporary admission of equipment not imported for local marketing. Its procedures: Minister of Communications Decision 152/80. Contravening them. Its effect. Imposition of a fine. - The decision imposinCommercial and Labour — Volume 9 · Source page ٢٢٦
  5. Principle 1282Bringing certain equipment into the country temporarily. Conditions for obtaining customs permission therefor permissibility of disposing of what except after this permission and payment of the duties and taxes imposed fCommercial and Labour — Volume 9 · Source page ٢٢٦
  6. Principle 1284Amounts owed to individuals by the government and paid to it as customs duty or a fee pursuant to Law 13 of 1980. Time-barred upon the lapse of 5 years from the date of payment. Example. - 226 - CommercialCommercial and Labour — Volume 9 · Source page ٢٢٦
  7. Principle 1285Customs tax and related duties. Become time-barred upon the lapse of five years from the date the goods on which the tax is due arrive in Kuwaiti areas. Sums due to individuals in this regard. Become time-barred after fiCommercial and Labour — Volume 9 · Source page ٢٢٧
  8. Principle 1286Legislation regulating tax assessment procedures. Its relation to public policy. Contravention thereof. Its effect. Nullity. - Assessment of customs tax on goods. Its manner. By valuing them according to their value at oCommercial and Labour — Volume 9 · Source page ٢٢٧
  9. Principle 1287Member States of the World Trade Organization. They may postpone application of the provisions of that agreement for five years from the date it enters into force in respect of them, and that period may be extended untilCommercial and Labour — Volume 9 · Source page ٢٢٧

  10. - التثمين جمركي

    Principle 1288The goods owner’s grievance against the General Administration of Customs’ valuation pursuant to Customs Law 13 of 1980. An optional grievance for the persons concerned that does not preclude their right to bring an actiCommercial and Labour — Volume 9 · Source page ٢٢٧
  11. Principle 1290Legislation regulating tax assessment procedures. Mandatory rules pertaining to public policy. The effect of this. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customsCommercial and Labour — Volume 9 · Source page ٢٢٨
  12. Principle 1291Member States of the World Trade Organization. They may defer application of the provisions of that Agreement for 5 years from the date it enters into force for them, and that period may be extended until the State adjusCommercial and Labour — Volume 9 · Source page ٢٢٨
  13. Principle 1292The goods owner's grievance against the valuation by the General Administration of Customs pursuant to Customs Law 13 of 1980(¿). An optional grievance for the persons concerned, which does not preclude their right to brCommercial and Labour — Volume 9 · Source page ٢٢٩

  14. - مناطق حرة

    Principle 1293Member States of the World Trade Organization. They may defer application of the provisions of that agreement for a period of 5 years from its entry into force for them. This period may be extended until the State alignsCommercial and Labour — Volume 9 · Source page ٢٢٩

  15. التاجر

    Principle 1295Trader status. It may be inferred by all means of proof. - The commercial nature of an act. Ascertaining it. A matter exclusively for the court of merits without review. The condition therefor.Commercial and Labour — Volume 9 · Source page ٢٣٠
  16. Principle 1296Merchants' obligations toward one another arising from their commercial activities become time-barred after ten years from the date on which performance of the obligation falls due.Commercial and Labour — Volume 9 · Source page ٢٣٠
  17. Principle 1297The general rule is that a non-Kuwaiti may not independently engage in trade in Kuwait. The exception. He may invest his funds deposited with banks and companies. Art. 23, para. 45/89. The condition for that. That it be Commercial and Labour — Volume 9 · Source page ٢٣٠
  18. Principle 1298A creditor's application for a declaration of the bankruptcy of his merchant debtor. Its conditions. - The state of cessation of payment leading to a declaration of a merchant's bankruptcy. Its inference. A matter exclusCommercial and Labour — Volume 9 · Source page ٢٣٠
  19. Principle 1299A trader’s books. They have no evidentiary force against the trader’s opponent whom the judiciary does not require to keep commercial books.Commercial and Labour — Volume 9 · Source page ٢٣٠
  20. Principle 1301Merchants’ obligations toward one another relating to their commercial business become time-barred upon the lapse of ten years from the due date.Commercial and Labour — Volume 9 · Source page ٢٣٠
  21. Principle 1302Prohibition on a non-Kuwaiti engaging in commerce unless he has a Kuwaiti partner holding at least 51% of the capital. The reason therefor. Its relation to public policy. Violation of this prohibition entails absolute nuCommercial and Labour — Volume 9 · Source page ٢٣٠
  22. Principle 1303Prohibition on a non-Kuwaiti engaging in trade individually. Exception. Funds and precious metals deposited by a non-Kuwaiti with banks and companies, if this falls within the company's objects. Applicability thereof to Commercial and Labour — Volume 9 · Source page ٢٣١
  23. Principle 1304A merchant's books constitute evidence in the merchant's favor. Conditions thereof. - Proof in commercial matters. Permissible by all means of proof.Commercial and Labour — Volume 9 · Source page ٢٣١
  24. Principle 1305Limitation under the Maritime Commerce Law. Cases of its interruption. Article 201/3 thereof. - Interruption of limitation. Its effect. Commencement of a new, equivalent period from the time the effect resulting from theCommercial and Labour — Volume 9 · Source page ٢٣١
  25. Principle 1306Cessation of payments justifying a declaration of bankruptcy. Its nature. - A merchant's mere refusal to pay does not constitute cessation in the stated sense, since such refusal may stem from an excuse that has arisen dCommercial and Labour — Volume 9 · Source page ٢٣١
  26. Principle 1307Determining a state of cessation of payments. Within the power of the court of the merits, provided its determination is reasonable. Example of the absence of a state of cessation of payments.Commercial and Labour — Volume 9 · Source page ٢٣١
  27. Principle 1308The time limit for appealing judgments rendered in bankruptcy. Fifteen days from the date of the judgment, as an exception to the general rule. The condition for that. Whether the judgment declares the trader bankrupt orCommercial and Labour — Volume 9 · Source page ٢٣١
  28. Principle 1309A shareholding company. Is considered a merchant regardless of the activities it carries on and whether or not it aims to make a profit. - 231 - CommercialCommercial and Labour — Volume 9 · Source page ٢٣١
  29. Principle 1310Article 13/2 of the Commercial Law has deemed every company a merchant. The presumption regarding a merchant's contracts and obligations is that they are commercial.Commercial and Labour — Volume 9 · Source page ٢٣٢
  30. Principle 1311A creditor with a due commercial debt may request that his merchant debtor be declared bankrupt. The condition for this.Commercial and Labour — Volume 9 · Source page ٢٣٢
  31. Principle 1315Mandatory commercial books constitute evidence for their merchant owner against his merchant opponent. The condition for this is that the dispute concern a commercial act and that the books be regularly kept.Commercial and Labour — Volume 9 · Source page ٢٣٢
  32. Principle 1316The Kuwaiti partner in general partnerships, limited partnerships of both types, and limited liability companies established before the liberation of the country. His right to expel the non-Kuwaiti partner. The cases andCommercial and Labour — Volume 9 · Source page ٢٣٢
  33. Principle 1317Commercial acts. Their nature. Their inference is a matter of fact. An example of inferring them from the provision of large numbers of workers to perform a works contract.Commercial and Labour — Volume 9 · Source page ٢٣٢
  34. Principle 1318The general rule is that a non-Kuwaiti may not individually engage in trade in Kuwait - the exception - he may invest his funds deposited with banks and companies. The condition thereof. That it falls within their objectCommercial and Labour — Volume 9 · Source page ٢٣٢
  35. Principle 1319Merchants' obligations relating to commercial activities. They become time-barred upon the lapse of ten years from the date performance of the obligation falls due. - Ordinary limitation applies to acts lacking a commercCommercial and Labour — Volume 9 · Source page ٢٣٢
  36. Principle 1320The Commercial Law applies to traders and to all commercial transactions undertaken by a person even if he is not a trader. - A non-Kuwaiti. He may not engage in trade. Exceptions thereto. - Determining whether an activiCommercial and Labour — Volume 9 · Source page ٢٣٣
  37. Principle 1321The legislature’s treatment of a distribution contract under which the merchant alone undertakes to promote and distribute the products of an industrial or commercial establishment in a specified area as a contract agencCommercial and Labour — Volume 9 · Source page ٢٣٣
  38. Principle 1322A merchant's books constitute evidence in his favour. The condition thereof. They must relate to a dispute between 2 merchants concerning a commercial transaction and must be regularly kept.Commercial and Labour — Volume 9 · Source page ٢٣٣
  39. Principle 1323A merchant debtor's cessation of payment of some of his debts, whatever their number. Effect thereof. His bankruptcy may be declared whenever his cessation arises from a disturbed financial position undermining his crediCommercial and Labour — Volume 9 · Source page ٢٣٣
  40. Principle 1324Engaging in commerce in Kuwait. Prohibited for non-Kuwaitis except through a Kuwaiti partner or partners holding at least 51% of the total capital. A non-Kuwaiti may not engage in commerce alone(¿). Its relation to publiCommercial and Labour — Volume 9 · Source page ٢٣٣
  41. Principle 1326Application of the provisions of the Commercial Law. Its criterion. That the contracting party be a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Law, or that the act be comCommercial and Labour — Volume 9 · Source page ٢٣٤
  42. Principle 1327Limitation of merchants' rights. A period of one year. Its condition. They must concern things supplied to persons who do not trade in them but use them for private consumption. The reason therefor. - Ascertainment of thCommercial and Labour — Volume 9 · Source page ٢٣٤

  43. اشخاص تجارية

    Principle 1328Traders' obligations towards one another relating to their commercial business. Become time-barred upon the lapse of ten years. Article 118/1 of the Commercial Law. - See also: Commercial acts, obligation, compensation. Commercial and Labour — Volume 9 · Source page ٢٣٤

  44. اشخاص اعتبارية

    Principle 1329The absence from statutory provisions of a prohibition on current-account dealings between commercial persons other than banks. Its implication. The validity of account transactions between them. The debt arising from thCommercial and Labour — Volume 9 · Source page ٢٣٤
  45. Principle 1330The two elements of the coming into existence of a legal person. Art. 18, Civil Code. - 234 - Commercial - Individual business activities forming part of the patrimony of a natural person. He may sue and be sued in respeCommercial and Labour — Volume 9 · Source page ٢٣٤
  46. Principle 1332A party's capacity to litigate. Its criterion. The existence of legal personality, whether a natural or juridical person. Absence of capacity to be a party to proceedings. Its effect. Nullity of the action and appeal. ThCommercial and Labour — Volume 9 · Source page ٢٣٥
  47. Principle 1335An order for the debtor's imprisonment. Conditions for its issuance. - A debtor that is a private legal person. Application for an order for its imprisonment. The imprisonment order is issued against the person personallCommercial and Labour — Volume 9 · Source page ٢٣٥
  48. Principle 1336A person may be a partner in a company and an employee of it at the same time. The reason is that there is no conflict between the intention to participate, which rests on the idea of equality, and the employment relatioCommercial and Labour — Volume 9 · Source page
  49. Principle 1337Companies that have not acquired legal personality. The corporate liquidation regime does not apply to them. The liability - 235 - Commercial of the founding establishment therein, jointly and severally, for repayment ofCommercial and Labour — Volume 9 · Source page
  50. Principle 1338Joint-stock companies do not offer their shares to the public in a public subscription. The manner of their incorporation. They do not acquire legal personality or commence their business until after their registration iCommercial and Labour — Volume 9 · Source page
PreviousPage 23 of 82Next