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. هيئات عامة

    Principle 1396Clients subject to the provisions of Law 41 of 1993. The composition to avert bankruptcy submitted by them to the Public Investment Authority must be presented to the circuit designated for that purpose at the Court of FCommercial and Labour — Volume 9 · Source page ٢٤٥
  2. Principle 1397Enactment of Law 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. Its objective: to establish rules ensuring the State's collection of purchased debts to safeguard public fuCommercial and Labour — Volume 9 · Source page ٢٤٦
  3. Principle 1398The settlement effected by the Kuwait Investment Authority in its capacity as administrator of the bankruptcy estate. Its proposals concerning composition. They must be submitted to the court. Impermissibility of its carCommercial and Labour — Volume 9 · Source page ٢٤٦
  4. Principle 1399Composition to avert the bankruptcy of customers whose debts were purchased under Law 41 of 1993. (*) Its condition. Submission by the customer, whether debtor or guarantor, or by the Public Investment Authority, of an aCommercial and Labour — Volume 9 · Source page ٢٤٦
  5. Principle 1400The bankruptcy court. Its jurisdiction to grant permission to the Kuwait Investment Authority, in its capacity as administrator of the creditors' union, to sell the bankruptcy estate's assets and deposit the sale proceedCommercial and Labour — Volume 9 · Source page ٢٤٦
  6. Principle 1401Issuance of a judgment declaring the debtor bankrupt. Its effect: ordinary creditors or holders of ordinary preferential rights may not claim their rights against the bankrupt or the bankruptcy estate through individual Commercial and Labour — Volume 9 · Source page ٢٤٧

  7. الشركة ذات المسئولية المحدود

    Principle 1413Company contract. The intention to participate in an activity involving risk and each partner's contribution to its risk. Sharing in profit and loss. Inferring this intention. A matter of fact. - 249 - CommercialCommercial and Labour — Volume 9 · Source page ٢٤٩
  8. Principle 1414Being bound by a company contract and an employment contract with the company simultaneously. Permissible. The reason therefor. There is no conflict between the intention to participate and the concept of subordination.Commercial and Labour — Volume 9 · Source page ٢٥٠
  9. Principle 1415A requirement of formality in a contract. The necessity of satisfying it in a contract promising to enter into it and in subsequent agreements modifying its effects, unless the law provides or the nature of the transactiCommercial and Labour — Volume 9 · Source page ٢٥٠
  10. Principle 1416Form in certain contracts: its function; failure to observe it: its effect. The rule is absolute nullity; the exception. What the law provides to address an abnormal situation or to ensure stability of transactions and pCommercial and Labour — Volume 9 · Source page ٢٥٠
  11. Principle 1417A company. Its definition. A contract under which two or more persons undertake to contribute to a financial enterprise by providing a contribution of property or work in order to share the profit or loss arising from thCommercial and Labour — Volume 9 · Source page ٢٥٠
  12. Principle 1420Unlawful incorporation of a joint-stock company. Every interested person may, within five years of its incorporation, serve notice upon it to rectify the position. Failure to initiate rectification within one month. Its Commercial and Labour — Volume 9 · Source page ٢٥٠
  13. Principle 1422The memorandum of association of a joint-stock company and the powers of attorney issued by the founders to those whom they authorise to draw up and sign the memorandum must be drawn up in an official instrument. FailureCommercial and Labour — Volume 9 · Source page ٢٥١
  14. Principle 1423The official document. The meaning of public official with regard to drawing up commercial company contracts. The official instrument and the private instrument. The nature of each.Commercial and Labour — Volume 9 · Source page ٢٥١
  15. Principle 1424The legislature’s prescription of a particular form for a contract. Its implication. The contract is valid only upon fulfilment thereof. The reason therefor and its connection with public policy. Failure thereof. Its effCommercial and Labour — Volume 9 · Source page ٢٥١
  16. Principle 1425The memorandum of incorporation of joint-stock companies, their articles of association and the power of attorney issued by the founders to third parties must be drawn up in an official instrument. Failure to do so. Its Commercial and Labour — Volume 9 · Source page ٢٥١
  17. Principle 1426The memorandum of association and articles of association of shareholding companies formed by public subscription must be drawn up in an official instrument. This form must also be satisfied in the powers of attorney issCommercial and Labour — Volume 9 · Source page ٢٥١
  18. Principle 1427Both the memorandum of association and the articles of association of a joint-stock company must be drawn up in an official instrument. Failure to observe this. Effect thereof. Nullity. Example. - A power of attorney musCommercial and Labour — Volume 9 · Source page ٢٥١
  19. Principle 1428Contracts concluded by a merchant and the merchant's obligations. A legal presumption that they relate to the merchant's commercial business. This presumption may be rebutted by all means of proof. - Ascertaining the comCommercial and Labour — Volume 9 · Source page ٢٥١
  20. Principle 1429Simulation. Its nature: an agreement between 2 parties to carry out an ostensible, unreal disposition concealing the true relationship between them. As between the contracting parties and their universal successors, regaCommercial and Labour — Volume 9 · Source page ٢٥٢
  21. Principle 1430The memorandum of association of a limited liability company, an agreement amending it, or an agreement assigning partners' interests therein. It must be written in an official instrument for the legal transaction to be Commercial and Labour — Volume 9 · Source page ٢٥٢
  22. Principle 1431A person being bound by a company contract and an employment contract with the company at the same time. No conflict between them. The reason for that.Commercial and Labour — Volume 9 · Source page ٢٥٢
  23. Principle 1432The signature of the chairman of the board of directors is equivalent to the signature of the board of directors in the company's relations with third parties. The vice-chairman may replace him and sign on behalf of the Commercial and Labour — Volume 9 · Source page ٢٥٢
  24. Principle 1433Activities relating to the incorporation of companies and the sale or purchase of their shares and bonds. Commercial activities. Article 5, Commercial Law. - Persons obligated for a commercial debt. Jointly and severallyCommercial and Labour — Volume 9 · Source page ٢٥٢

  25. - شرط قيام الشركة (نية المشاركة في نشاط ذي تبعة)

    Principle 1434Formation of a limited liability company or any amendment thereto. Must be embodied in an official instrument. Reason therefor: it is a matter of public order. Contravention thereof. Non-existence of the contract. Its efCommercial and Labour — Volume 9 · Source page ٢٥٣
  26. Principle 1435A partner bound by an employment contract in the company. An employee of the company. The reason therefor: there is no conflict between the intention to participate in the company and the concept of subordination in the Commercial and Labour — Volume 9 · Source page ٢٥٣
  27. Principle 1436The prerequisite for the existence of a company. The existence of an intention to participate in an activity involving risk, with each partner sharing in profit and loss. Ascertainment of this intention is a question of Commercial and Labour — Volume 9 · Source page ٢٥٣
  28. Principle 1437A person being bound by a company contract and an employment contract with the company. Permissible. The reason for this. There is no conflict between the intention to participate in the company and the concept of subordCommercial and Labour — Volume 9 · Source page ٢٥٣
  29. Principle 1438The criterion for the existence of a partnership contract is that the partners possess the intention to participate in an activity involving risk. Ascertainment of this intention. It falls exclusively within the provinceCommercial and Labour — Volume 9 · Source page ٢٥٣

  30. - إجراءات قيد الشركة

    Principle 1439Existence of a company. Its condition. That there be among the partners an intention to participate in the activity and in both profit and loss. - Distribution of profits and losses among partners. Governed by their agreCommercial and Labour — Volume 9 · Source page ٢٥٣

  31. - الشخصية القانونية للشركة

    Principle 1440Invoking the existence of a company against third parties. Its condition. Completion of its registration procedures in accordance with the provisions of the Commercial Register Law. Failure to complete those procedures. Commercial and Labour — Volume 9 · Source page ٢٥٤
  32. Principle 1441Closed companies. They do not have legal personality until after their entry in the commercial register and publication of their instrument of incorporation in the Official Gazette.Commercial and Labour — Volume 9 · Source page ٢٥٤
  33. Principle 1442A company—other than an undisclosed partnership—has legal personality and a patrimony independent of the personalities and patrimonies of its partners. The effect thereof. A partner's contribution leaves his ownership anCommercial and Labour — Volume 9 · Source page ٢٥٤
  34. Principle 1443A company has a legal personality independent of the personality of its representative or its partners. Mentioning its name alone suffices to join it as a party. Any error in its representative's name. Has no effect on tCommercial and Labour — Volume 9 · Source page ٢٥٤
  35. Principle 1445Partnerships’ enjoyment of legal personality independent of the persons of the partners. Its implication. Separation of their financial patrimony from the patrimony of their partners.Commercial and Labour — Volume 9 · Source page ٢٥٤
  36. Principle 1446Commercial 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 ٢٥٤
  37. Principle 1447Commercial companies—except an undisclosed partnership—enjoy legal personality independent of that of their partners. Stating their distinctive name suffices, without the need to state the name of their legal representatCommercial and Labour — Volume 9 · Source page ٢٥٤
  38. Principle 1449Joining a commercial company as a party to proceedings requires only mention of its name, without its legal representative. The reason therefor.Commercial and Labour — Volume 9 · Source page ٢٥٥
  39. Principle 1451A company has its own independent legal personality, separate from the persons of the partners constituting it and from the personality of its legal representative.Commercial and Labour — Volume 9 · Source page ٢٥٥
  40. Principle 1452Commercial 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 ٢٥٥
  41. Principle 1454The company is a legal person in its own right, independent of the persons of its partners. The implication thereof. The independence of its financial patrimony and its separation from the patrimonies of the partners.Commercial and Labour — Volume 9 · Source page ٢٥٥
  42. Principle 1455Commercial companies possess a legal personality independent of that of their partners. Stating its distinctive name suffices for bringing an action by or against it, without the need to state the name of its legal repreCommercial and Labour — Volume 9 · Source page ٢٥٥
  43. Principle 1456Companies have legal personality independent of that of their partners or those who represent them.Commercial and Labour — Volume 9 · Source page ٢٥٥

  44. - تمثيل الشركة لدى الغير

    Principle 1457Establishment of the company's independent legal personality from its formation. Its implication. Separation of its patrimony from the patrimonies of its partners. Its effect. - Representation of the company before thirdCommercial and Labour — Volume 9 · Source page ٢٥٥
  45. Principle 1458The company's liability towards third parties for its manager's act. The third party must be acting in good faith. The rule that fraud vitiates acts. Its import. - 255 - Commercial - Inferring the elements of fraud and cCommercial and Labour — Volume 9 · Source page ٢٥٥
  46. Principle 1459The chairman of the board of directors is the company's legal representative. The implication thereof. Only decisions issued by him, and not by others, may be invoked against the company.Commercial and Labour — Volume 9 · Source page ٢٥٦
  47. Principle 1460An undisclosed partnership. Its nature. Characterised by concealment and the absence of legal personality, capital and a business name, and its agreement is not subject to registration in the Commercial Register. - The eCommercial and Labour — Volume 9 · Source page
  48. Principle 1461Closure of the company's management headquarters which does not in itself indicate the cessation of its activity there. Its effect. Validity of service on it through the officer in charge of the police station, without tCommercial and Labour — Volume 9 · Source page
  49. Principle 1462A 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 collect annual profits. Each is directedCommercial and Labour — Volume 9 · Source page
  50. Principle 1464Companies jointly owned by Kuwaitis and non-Kuwaitis. The legislature’s departure from the general rules concerning the institution, registration, service, hearing, and appeal of actions. Service may be delivered to the Commercial and Labour — Volume 9 · Source page
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