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. اشخاص اعتبارية

    Principle 1339A sole proprietorship is not a legal person possessing an independent patrimony, but is part of its owner’s patrimony. The owner is the person with standing to litigate on its behalf before the courts.Commercial and Labour — Volume 9 · Source page ٢٣٦
  2. Principle 1340Capacity to litigate. Its vesting in natural persons and legal persons. - How a legal person comes into being through its material and non-material elements. - A sole proprietorship is not a legal person. Its filing of aCommercial and Labour — Volume 9 · Source page ٢٣٦
  3. Principle 1341The existence of a management headquarters for a legal person. It must be served there. Failure to do so. Its effect. Invalidity of service upon it. - The management headquarters of a private legal person. Its definitionCommercial and Labour — Volume 9 · Source page ٢٣٦
  4. Principle 1344The company's personality is independent of the persons of its partners and its legal representative. The consequence thereof. Joining the company as a party to proceedings. Does not constitute joining the partners or itCommercial and Labour — Volume 9 · Source page ٢٣٦
  5. Principle 1345The grounds for termination of a joint-stock company and the rules for its liquidation. Their application to a limited liability company. A partner’s right to seek judicial dissolution of the company. Its justifications.Commercial and Labour — Volume 9 · Source page ٢٣٦
  6. Principle 1346A request to remove the manager of a limited liability company appointed by its general assembly. A non-managing partner’s request to be enabled to inspect the company’s books and receive annual profits. Each is directedCommercial and Labour — Volume 9 · Source page ٢٣٧
  7. Principle 1347Valid constitution of the litigation. Its condition. Both parties must possess capacity to be parties to proceedings and to litigate. This encompasses all stages of the action, because the nullity of the litigation proceCommercial and Labour — Volume 9 · Source page ٢٣٧
  8. Principle 1349Termination of a company does not entail the extinction of its legal personality, which it continues to retain throughout the liquidation period. - The liquidator is the person with standing throughout the company’s liquCommercial and Labour — Volume 9 · Source page ٢٣٧
  9. Principle 1350Commercial companies, other than undisclosed partnerships, have legal personality and a patrimony separate from the persons of their partners and their patrimonies. The manager’s or partner’s signature in his own name wiCommercial and Labour — Volume 9 · Source page ٢٣٧
  10. Principle 1351Constitution of proceedings. The condition for its validity. Institution through valid procedures and the litigant’s capacity to litigate. This must be present at all stages. The reason for this: invalidity of the proceeCommercial and Labour — Volume 9 · Source page ٢٣٧
  11. Principle 1352Private legal persons whose principal headquarters are abroad and which conduct activities in Kuwait. Their business domicile for purposes of domestic law. It is the place where the local administration is located. AssesCommercial and Labour — Volume 9 · Source page ٢٣٨
  12. Principle 1353A sole proprietorship is part of its owner’s patrimony and has no legal personality. Mentioning the sole proprietorship in the appeal petition coupled with its owner’s name, and the petition’s disclosure of the owner in Commercial and Labour — Volume 9 · Source page ٢٣٨
  13. Principle 1354Incorporation of joint-stock companies whose shares are not offered for public subscription. How their legal personality is established. Its condition is registration in the commercial register and publication in the OffCommercial and Labour — Volume 9 · Source page ٢٣٨
  14. Principle 1355Expression of intention. When it produces its effect. Its receipt by the person to whom it is addressed. A presumption of his knowledge of it. The management appointed over the bank by the Iraqi occupation authorities. ICommercial and Labour — Volume 9 · Source page ٢٣٨
  15. Principle 1356The two elements of the creation of a legal person. A sole proprietorship has no legal personality and does not acquire capacity to be a party to proceedings. Its proprietor conducts proceedings on its behalf, as it is aCommercial and Labour — Volume 9 · Source page ٢٣٨
  16. Principle 1357The two elements of the establishment of a legal person. Article 18 of the Civil Code. Inclusion of multiple individual activities in the patrimony of a natural person. Effect. He may sue and be sued in respect thereof wCommercial and Labour — Volume 9 · Source page ٢٣٨
  17. Principle 1358The requirement that the proportion of capital held by Kuwaiti partners be no less than 51% of the company’s capital. Incompatibility of this requirement with the nature of an undisclosed partnership, because it lacks leCommercial and Labour — Volume 9 · Source page ٢٣٨
  18. Principle 1359An undisclosed partnership: its concealed nature, lack of legal personality and absence of a separate patrimony. It is not subject to liquidation. Reason therefor. - The contract of an undisclosed partnership. A contractCommercial and Labour — Volume 9 · Source page ٢٣٩
  19. Principle 1361The two elements necessary for the creation of a legal person. - An establishment that does not possess legal personality lacks capacity to acquire rights and assume obligations and has no capacity to be a party to litigCommercial and Labour — Volume 9 · Source page ٢٣٩
  20. Principle 1362A limited liability company. It must be entered in the Commercial Register. It does not acquire legal personality until that registration. - A contract for which the legislature prescribes a special form. Failure to obseCommercial and Labour — Volume 9 · Source page ٢٣٩
  21. Principle 1363A cooperative society. Its enjoyment of legal personality independent of the personality of its members. Stating its distinctive name without the name of its legal representative when it sues or is sued. Sufficient. ExamCommercial and Labour — Volume 9 · Source page ٢٣٩
  22. Principle 1364Service upon companies. Its manner. An example of service at a company's management headquarters. - Superfluous elaboration in a judgment. Does not vitiate it. An example. - 239 - CommercialCommercial and Labour — Volume 9 · Source page ٢٣٩
  23. Principle 1365The company's right to bring a liability action against the chairman and members of the board of directors. Its prerequisite. Direct damage to it resulting from acts tainted by fraud and abuse of authority, or violation Commercial and Labour — Volume 9 · Source page ٢٤٠
  24. Principle 1366A legal person whose management headquarters are abroad and which conducts activities in Kuwait, and which did not state in its statement of claim its place of business or local management headquarters in Kuwait. ServiceCommercial and Labour — Volume 9 · Source page ٢٤٠
  25. Principle 1368Commercial companies enjoy legal personality independent of that of their partners. Mentioning the company’s distinctive name is sufficient to bring an action by or against it, without needing to mention the name of its Commercial and Labour — Volume 9 · Source page ٢٤٠
  26. Principle 1369Service on companies. Its procedures. - The prohibition on delivering a copy of the process to a person managing the premises or to an employee therein in the absence of the person to be served. Article 9 of the Code of Commercial and Labour — Volume 9 · Source page ٢٤٠
  27. Principle 1370A sole proprietorship. It is not a legal person possessing an independent patrimony. - The successor to whom ownership of the business has passed. It is prohibited for the successor to use the predecessor’s trade name unCommercial and Labour — Volume 9 · Source page ٢٤٠
  28. Principle 1371Private legal persons whose principal headquarters are abroad and which conduct activities in Kuwait. Their business domicile for purposes of domestic law is deemed to be the place where the local management is situated.Commercial and Labour — Volume 9 · Source page ٢٤٠
  29. Principle 1372A shareholding company of either type. Of whom it is composed, how it is incorporated and publicised, and when it acquires legal personality. - Incorporation of public or closed shareholding companies. Commercial acts. WCommercial and Labour — Volume 9 · Source page ٢٤١
  30. Principle 1373Claiming from shareholders the unpaid balance of the value of their shares during the company's existence and before its termination. The manner thereof: it may recover its entitlement itself by offering the shares for sCommercial and Labour — Volume 9 · Source page ٢٤١
  31. Principle 1374A limited liability company terminates and its assets are liquidated in accordance with the same rules and grounds prescribed for the termination and liquidation of joint-stock companies. - The trial court has authority Commercial and Labour — Volume 9 · Source page ٢٤١
  32. Principle 1375An establishment without legal personality is an element of its owner's patrimony. Its implication. It lacks capacity to be a party to litigation and therefore may not litigate, and its owner conducts litigation concerniCommercial and Labour — Volume 9 · Source page ٢٤١
  33. Principle 1376Rules governing service on companies and private legal persons. Service must first be directed to their head office, to their legal representative, one of those responsible for their management, one of the general partneCommercial and Labour — Volume 9 · Source page ٢٤١
  34. Principle 1377A company is liquidated upon its dissolution. How liquidation is conducted and the liquidator’s powers. - A change in the representative of a legal person has no effect on the course of the proceedings.Commercial and Labour — Volume 9 · Source page ٢٤١
  35. Principle 1378Issuance of the power of attorney by the representative of a legal person. Its validity and continuation are not affected by the cessation of the capacity of this - 241 - Commercial representative. Issuance of a new poweCommercial and Labour — Volume 9 · Source page ٢٤١
  36. Principle 1379Joint-stock companies enjoy legal personality independent of the persons of their partners. Its consequence. Separation of their patrimony from the partners' patrimony and their property from the partners' property. - TrCommercial and Labour — Volume 9 · Source page ٢٤٢
  37. Principle 1380Service on a private legal person. A copy is to be delivered at its administrative headquarters; otherwise, it is void. Article 1 of the Law of Procedure. - The judgment's inference of the respondent company's domicile aCommercial and Labour — Volume 9 · Source page ٢٤٢
  38. Principle 1381The chairman of the board of directors of a commercial company. He represents it before third parties, and his deputy replaces him in his absence. The company's board of directors may elect one or more managing directorsCommercial and Labour — Volume 9 · Source page ٢٤٢
  39. Principle 1382A company is a legal person existing in its own right and independent of the persons of its partners. The consequence. Its patrimony being independent and separate from the patrimonies of the partners.Commercial and Labour — Volume 9 · Source page ٢٤٢
  40. Principle 1383The Office for Liquidation of Forward Share Transactions. Enjoys independent legal personality and is represented before the courts by its supervisor or an office employee authorised by him. - A power of attorney issued Commercial and Labour — Volume 9 · Source page ٢٤٢
  41. Principle 1384Commercial companies enjoy legal personality independent of the personality of their partners. Mentioning the company's distinctive name is sufficient for bringing an action by or against it, without any need to mention Commercial and Labour — Volume 9 · Source page ٢٤٣
  42. Principle 1385A limited liability company. Composed of a number of persons not exceeding thirty. Each partner's liability is limited to his share in the capital. The company's legal personality is independent of the persons of its parCommercial and Labour — Volume 9 · Source page ٢٤٣
  43. Principle 1387The undisclosed partnership. Its nature. Its concealed character and its lack of legal personality, capital, and a firm name, and its agreement's non-subjection to registration in the Commercial Register. - The establishCommercial and Labour — Volume 9 · Source page ٢٤٣

  44. - مؤسسة البترول الكويتية

    Principle 1389The Public Ports Corporation and Shuaiba Port. The person with capacity to represent them before the courts in their relations with third parties. The Minister of Communications in his capacity as Chairman of the Board oCommercial and Labour — Volume 9 · Source page ٢٤٤
  45. Principle 1390Joint-stock companies enjoy legal personality independent of the persons of their partners. Its implication. Separation of their patrimony from the partners’ patrimony and their assets from the partners’ assets. - The deCommercial and Labour — Volume 9 · Source page ٢٤٤

  46. - مؤسسة تسوية المعاملات

    Principle 1391The Board of Directors of Kuwait Petroleum Corporation, chaired by the Minister of Oil, to which the State’s shares in the capital of Kuwait Oil Tanker Company have devolved. It has the powers of that company’s ordinary Commercial and Labour — Volume 9 · Source page ٢٤٤

  47. هيئات عامة

    Principle 1392A debtor referred to the Transactions Settlement Institution. Must submit to it, within 30 days from the date of - 244 - Commercial publication of the referral decision, a statement naming his creditors and debtors. The Commercial and Labour — Volume 9 · Source page ٢٤٤
  48. Principle 1393Prohibition on establishing industrial facilities or making changes to them unless a licence therefor is obtained from the Public Authority for Industry. A licence application. It must be decided within sixty days from tCommercial and Labour — Volume 9 · Source page
  49. Principle 1394The Public Authority for Industry replaced the Ministry of Commerce and Industry in the field of industrial activity and in granting and transferring the licences relating thereto, as set out in Law 56 of 1996.Commercial and Labour — Volume 9 · Source page
  50. Principle 1395The Public Investment Authority and the debtor whose bankruptcy declaration is sought. They may submit proposals for a composition preventing bankruptcy to the court hearing the application for a declaration of bankruptcCommercial and Labour — Volume 9 · Source page
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