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. - بوجه عام

    Principle 1589The papers of a limited liability company. They must bear particulars leaving no room for doubt concerning its type, identity, and capital. Omission of these particulars. Its effect. Joint and several liability of its maCommercial and Labour — Volume 9 · Source page ٢٧٧
  2. Principle 1590A partner may seek recourse against the company's manager for damage sustained as a result of his violation of the law or the company's articles, or his mismanagement. The manager's liability is tortious. It is establishCommercial and Labour — Volume 9 · Source page ٢٧٧
  3. Principle 1591Conversion of a limited liability company into another company. Effected in accordance with the provisions and procedures followed for amending the company's memorandum and articles of association. The necessary implicatCommercial and Labour — Volume 9 · Source page ٢٧٧
  4. Principle 1592A partner’s disposition of his interest in a limited liability company by assigning it. The effect of this - 277 - Commercial assignment as against the company and third parties. Its condition. Fulfilment of the formal rCommercial and Labour — Volume 9 · Source page ٢٧٧
  5. Principle 1593A limited liability company. Its patrimony is independent of the patrimonies of its partners. The consequence of this. The manager representing it has his own personal patrimony independent of it, and his liability for hCommercial and Labour — Volume 9 · Source page ٢٧٨
  6. Principle 1594The contract of a limited liability company. Official form is an essential element thereof, of a contract by which any partner assigns their interest therein, and of a power of attorney granted to another person to execuCommercial and Labour — Volume 9 · Source page ٢٧٨
  7. Principle 1595A limited liability company. Consists of a number of persons not exceeding 30. Each partner's liability therein is limited to his share in the capital. The company's legal personality is independent of its partners. Its Commercial and Labour — Volume 9 · Source page ٢٧٨
  8. Principle 1596Dispositions of a minor lacking discernment. Void. The reason therefor. Art. 86 of the Civil Code. - 278 - Commercial - The suretyship contract. Its nature. - Statutory, joint and several, or commercial suretyship. The sCommercial and Labour — Volume 9 · Source page ٢٧٨
  9. Principle 1597Limited liability companies. All their papers and printed materials must contain particulars leaving no room for doubt as to their type, identifying them, and stating their capital. Omission of these particulars. Its effCommercial and Labour — Volume 9 · Source page ٢٧٩
  10. Principle 1598Formation of a limited liability company or any amendment thereto. The requirement that it be embodied in an official instrument. The reason for that: it is a matter of public policy. Contravention of that. Non-existenceCommercial and Labour — Volume 9 · Source page ٢٧٩

  11. - إخراج الشريك الأجنبي

    Principle 1600The Kuwaiti partner in general partnerships, limited partnerships of both types, and limited liability companies established before the country's liberation. His right to expel the non-Kuwaiti partner. The cases and condCommercial and Labour — Volume 9 · Source page ٢٨٠
  12. Principle 1601A request to expel a partner and replace him with another in a dispute arising from performance of a company agreement containing an arbitration clause. The courts lack jurisdiction to hear it. This is not affected by: tCommercial and Labour — Volume 9 · Source page ٢٨٠
  13. Principle 1602A judgment ordering the removal of a non-Kuwaiti partner without valuing his interest. A judgment that does not terminate the proceedings. It may be challenged by appeal. Article 4/4 of Law 44 of 1993.Commercial and Labour — Volume 9 · Source page ٢٨١

  14. - التنازل عن حصة بالشركة

    Principle 1603The Kuwaiti partner in companies incorporated before the liberation of the country. He may request the competent court to expel the non-Kuwaiti partner in circumstances leading to a threat of danger to the company's actiCommercial and Labour — Volume 9 · Source page ٢٨١

  15. - عزل المدير

    Principle 1604A clear text. It is impermissible to adopt what contradicts or restricts it. The reason therefor. An example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limited liabiliCommercial and Labour — Volume 9 · Source page ٢٨١

  16. شركة التوصية البسيطة

    Principle 1605Limited liability companies. The partners’ agreement in the memorandum of incorporation to appoint a manager without specifying a particular term. Its implication. He remains manager for the duration of the company’s exiCommercial and Labour — Volume 9 · Source page ٢٨١
  17. Principle 1606Prohibition on a limited partner in a simple limited partnership interfering in its management. The reason therefor. Such a partner may perform internal management activities that do not involve representing the partnersCommercial and Labour — Volume 9 · Source page ٢٨١
  18. Principle 1607The general rule in a fixed-term limited partnership is that a partner must remain in it until its term expires. His encountering circumstances requiring his withdrawal from the partnership. He must request termination oCommercial and Labour — Volume 9 · Source page ٢٨٢
  19. Principle 1608The manager of a limited partnership. Liable to the company for faults committed in management, even if slight. The manager's liability to the company is contractual and to third parties is tortious. The manager appointeCommercial and Labour — Volume 9 · Source page ٢٨٢
  20. Principle 1609A clear text whose meaning plainly indicates its intent. It is impermissible to depart from it or interpret it under the pretext of seeking guidance from the rationale that prompted it. An example of an erroneous interprCommercial and Labour — Volume 9 · Source page ٢٨٢

  21. شركة التضامن

    Principle 1610Partners in a limited partnership. They may seek a judgment expelling a partner who engages in conduct that may be regarded as a ground justifying dissolution of the partnership. Cases thereof. - Assessment of the requesCommercial and Labour — Volume 9 · Source page ٢٨٢
  22. Principle 1611Termination of a general partnership before the agreed term by the partners’ unanimous agreement to dissolve it. The effect of dissolution operates between the partners immediately upon agreement, without official form bCommercial and Labour — Volume 9 · Source page ٢٨٣
  23. Principle 1612A general partner's liability in his personal assets for the company's debts. Absolute liability. The provision in Article 22 of the Companies Law prohibiting restriction upon the partner's assets before notice to the coCommercial and Labour — Volume 9 · Source page ٢٨٣
  24. Principle 1613The right of partners in general and limited partnerships to seek expulsion of a partner whose conduct constitutes a justifiable ground for dissolution of the partnership. This provision does not apply to a joint-stock cCommercial and Labour — Volume 9 · Source page ٢٨٣
  25. Principle 1614A creditor of a general partnership may direct its claim against it, one of the partners, or the partnership and the jointly liable partners together. The reason therefor. The judgment's contravention thereof. A violatioCommercial and Labour — Volume 9 · Source page ٢٨٣
  26. Principle 1615The death of a partner in a general partnership is not a ground for its dissolution so long as the death does not result in failure to meet the minimum number of partners. Any heir of the deceased partner may request to Commercial and Labour — Volume 9 · Source page ٢٨٣

  27. شركة المحاصة

    Principle 1617An undisclosed partnership. Its nature and essence. Its existence, dissolution and liquidation may be proved by all means of proof. Articles 57, 58, 59 of Companies Law 15 of 1960. - Merger of an undisclosed partnership Commercial and Labour — Volume 9 · Source page ٢٨٤
  28. Principle 1618An undisclosed partnership has no legal personality. A third party has no legal relationship except with the partner with whom it dealt. Example.Commercial and Labour — Volume 9 · Source page ٢٨٤
  29. Principle 1619An undisclosed partnership's undertaking of commercial agency activities. The condition therefor. A foreigner may participate with a Kuwaiti in undisclosed partnerships.Commercial and Labour — Volume 9 · Source page ٢٨٤
  30. Principle 1620An undisclosed partnership’s agreement is subject neither to entry in the Commercial Register nor to publicity.Commercial and Labour — Volume 9 · Source page ٢٨٤
  31. Principle 1621An undisclosed partnership has no existence in relation to third parties and has no juridical or legal personality independent of the personality of its partners, has no separate patrimony and is not subject to liquidatiCommercial and Labour — Volume 9 · Source page ٢٨٤
  32. Principle 1622An undisclosed partnership. Proof of its existence, dissolution, or liquidation. Permissible by all means of proof.Commercial and Labour — Volume 9 · Source page ٢٨٤
  33. Principle 1623An undisclosed partnership. Its definition. Its dissolution. It is not subject to the liquidation regime. - An undisclosed partnership agreement is a bilaterally binding contract. Effect thereof. Its subjection to the geCommercial and Labour — Volume 9 · Source page ٢٨٤
  34. Principle 1624An undisclosed partnership. Its definition. Its scope. Not restricted to natural-person partners: management of an undisclosed partnership. Undertaken by one of the partners, but that partner does not legally represent iCommercial and Labour — Volume 9 · Source page ٢٨٤
  35. Principle 1625Silent partnership. Its definition: sharing between partners. Its manner. Calculation of profits and losses over all operations. Contravention thereof. An error in application of the law requiring cassation of the judgmeCommercial and Labour — Volume 9 · Source page ٢٨٤
  36. Principle 1626Undisclosed partnership. Its concealed nature, lack of legal personality, and lack of an independent patrimony. Liquidation is inapplicable to it. The reason for this. - An undisclosed partnership agreement. A bilaterallCommercial and Labour — Volume 9 · Source page ٢٨٥
  37. Principle 1628Commercial companies—other than a silent partnership—have legal personality from their formation and are independent of the persons of their partners. - A partner signing a loan contract with the bank in his personal capCommercial and Labour — Volume 9 · Source page ٢٨٥
  38. Principle 1629An undisclosed partnership. Its nature. A commercial partnership concluded between 2 or more persons, confined to the relationship between them, characterised by concealment, possessing no legal personality and having neCommercial and Labour — Volume 9 · Source page ٢٨٥
  39. Principle 1630A non-Kuwaiti engaging in trade in Kuwait. Impermissible unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the total capital of the business. Reason therefor. Protection of the national ecCommercial and Labour — Volume 9 · Source page ٢٨٥
  40. Principle 1631A broker is a remunerated agent engaged by one contracting party to mediate with the other contracting party to complete a transaction between them under an express or implied agreement. The broker's remuneration becomesCommercial and Labour — Volume 9 · Source page ٢٨٦

  41. شركات الاستثمار والصرافة

    Principle 1632Undisclosed partnership. Its nature. Characterized 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 estCommercial and Labour — Volume 9 · Source page ٢٨٦
  42. Principle 1633Exchange companies. They are prohibited from engaging in banking activities. The rationale for this is to prevent these companies from competing with banks in their primary role. - 286 - CommercialCommercial and Labour — Volume 9 · Source page ٢٨٦
  43. Principle 1634Managing individuals' accounts, pledging and lending are banking activities that exchange companies may not undertake. Any agreement thereon is absolutely void on public-policy grounds, rendering the contract nonexistentCommercial and Labour — Volume 9 · Source page ٢٨٧
  44. Principle 1635Investment companies may not conduct exchange activities on behalf of third parties. What is excepted from this: companies existing at the time of issuance of the decision prohibiting this. This exception was free of anyCommercial and Labour — Volume 9 · Source page ٢٨٧

  45. الشركات الوطنية

    Principle 1636Investment companies being subject to supervision by the Central Bank. Its implication. They are prohibited from conducting their activities before registration in its register of companies. It may strike them off in speCommercial and Labour — Volume 9 · Source page ٢٨٧
  46. Principle 1637The provisions of Law 28 of 1969 concerning work in the oil business sector apply in national companies only to their Kuwaiti workers. 8- De facto company:-Commercial and Labour — Volume 9 · Source page
  47. Principle 1638Nullity of the company contract. Its effect. Deeming it a de facto company for the period preceding the judgment of nullity.Commercial and Labour — Volume 9 · Source page
  48. Principle 1639The theory of de facto companies: its justifications. The consequence of adopting it. Treating the company as valid from its inception until the judgment declaring its nullity. The reason for this. - The existence of a dCommercial and Labour — Volume 9 · Source page
  49. Principle 1642During the period preceding the judgment declaring its nullity, the company is considered a de facto company producing the effects produced by a valid company. The basis thereof.Commercial and Labour — Volume 9 · Source page
  50. Principle 1643A judgment declaring a company void leaves behind a de facto company to be liquidated in accordance with the general rules governing a de facto company. It may not be invoked against good-faith third parties and shareholCommercial and Labour — Volume 9 · Source page
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