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. - ما يتعلق بالنظام العام

    Principle 110The applicability of the true contract between the contracting parties and their universal successors. Its condition. The concealed contract between the contracting parties in the event of evasion of the law. It may be pCommercial and Labour — Volume 9 · Source page ٢٩
  2. Principle 111Shares and securities of companies. Regulation of their trading relates to public order. Contravention thereof. Its effect. The transaction is absolutely void. Example.Commercial and Labour — Volume 9 · Source page ٣٠
  3. Principle 113A contract's contravention of a rule of public policy. Its consequence. Absolute nullity. - Prohibition on a non-Kuwaiti engaging in commerce alone except through a Kuwaiti partner holding at least 51% of the capital. ThCommercial and Labour — Volume 9 · Source page ٣٠
  4. Principle 114A contract’s violation of a rule concerning public policy. Its sanction. Absolute nullity. The effect of this nullity. Example. - Purchasing goods with the intention of selling them at a profit. A commercial act. - DealiCommercial and Labour — Volume 9 · Source page ٣٠
  5. Principle 115Agreement to increase interest above the rates announced by the Central Bank. Impermissible. Contravention thereof. Its effect. Reduction thereof to the limit prescribed by the Bank's decision. - Expenditure interest excCommercial and Labour — Volume 9 · Source page ٣٠
  6. Principle 117The subject matter of an admission must be something in which dealings are permissible. Dealings involving usurious interest exceeding the rate fixed by law are void for contravening public policy. The effect of this. ThCommercial and Labour — Volume 9 · Source page ٣٠
  7. Principle 118Opening and owning commercial premises and issuing licenses for them. Its condition. The license applicant must be Kuwaiti or a partner holding not less than 51% of the capital. Contravention of this. Its effect. AbsolutCommercial and Labour — Volume 9 · Source page ٣١
  8. Principle 119Exclusion of the applicable provisions of foreign law. Impermissible unless they are contrary to public policy or morals in Kuwait, affect the State's existence, or concern a general and fundamental interest of the commuCommercial and Labour — Volume 9 · Source page ٣١
  9. Principle 120Agreement on interest exceeding the rates announced by the Central Bank. It must be reduced to the rates announced on the date the agreement was concluded. This concerns public policy.Commercial and Labour — Volume 9 · Source page ٣١
  10. Principle 121The regulation of commercial premises licenses under Law 32 of 1969, and their opening and ownership, concerns public policy. The rationale therefor. The effect of contravening it. - A contract concluded in contraventionCommercial and Labour — Volume 9 · Source page ٣١
  11. Principle 122The exclusive jurisdiction of the arbitration panel to adjudicate disputes concerning forward transactions in company shares and claims arising therefrom, whenever the transactions have been registered. This is considereCommercial and Labour — Volume 9 · Source page ٣١
  12. Principle 123The international jurisdiction of Kuwaiti courts. Its connection with State sovereignty. The implication thereof. It relates to public policy. The effect thereof. Nullity of an agreement excluding the national courts. - Commercial and Labour — Volume 9 · Source page ٣١
  13. Principle 124Increasing interest on debts beyond a specified maximum. Prohibited. The prohibition pertains to public policy. Concealing the violation under a lawful guise. Its effect. The contrary may be proved by testimony and presuCommercial and Labour — Volume 9 · Source page ٣١
  14. Principle 125The maximum default interest under Article 110 of the Commercial Code. Relates to public order.Commercial and Labour — Volume 9 · Source page ٣٢
  15. Principle 126Restricting ownership and exploitation of commercial licenses to Kuwaitis. The requirement that he own the establishment's capital or a share of not less than 51% and be responsible for management. Law 32/1966. The reasoCommercial and Labour — Volume 9 · Source page ٣٢
  16. Principle 127The cash deposit that exchange companies are prohibited from undertaking. Its classification as a banking activity. Its definition. Its types. The rationale for the prohibition. It is to prevent exchange companies from cCommercial and Labour — Volume 9 · Source page ٣٢
  17. Principle 128Official form is an essential element in the conclusion of a sale of a commercial establishment. The consequence of its absence. Nullity of the contract. This relates to public policy. Its consequence.Commercial and Labour — Volume 9 · Source page ٣٢
  18. Principle 129The prohibition on a foreigner engaging in trade in Kuwait individually. A mandatory rule relating to public policy. The reason for this. A foreigner may engage in trade with a Kuwaiti partner or partners provided that tCommercial and Labour — Volume 9 · Source page ٣٢
  19. Principle 130A non-Kuwaiti is legally prohibited from engaging in trade, whether personally or by concealment and hiding behind another person. The purpose of the prohibition. This pertains to public policy. - The sanction for violatCommercial and Labour — Volume 9 · Source page ٣٢
  20. Principle 131Determining whether or not a legal rule concerns public policy. A question of law subject to review by the Court of Cassation. - The rules contained in the new Commercial Code for the protection of contract agents. They Commercial and Labour — Volume 9 · Source page ٣٢
  21. Principle 132The legislature's imposition of a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Failure to comply with the formality. Its effect. Nonexistence of the contractCommercial and Labour — Volume 9 · Source page ٣٢
  22. Principle 134Grounds based on public policy. The Court of Cassation may raise them of its own motion even if they are not included in the appeal petition. An example concerning the non-application of the new provisions of the CommercCommercial and Labour — Volume 9 · Source page ٣٣
  23. Principle 135A ground of cassation appeal relating to public policy. The Court of Cassation may rule on it even though the appellant did not invoke it in the appeal petition. - Regulation of the granting of licences to open commerciaCommercial and Labour — Volume 9 · Source page ٣٣
  24. Principle 136The impermissibility of collecting interest on a debt arising before Law 67/1980 came into force. This pertains to public policy. Its effect.Commercial and Labour — Volume 9 · Source page ٣٣
  25. Principle 137Offering shares of joint-stock companies for subscription. Its regulation. Its connection with public policy. Its implication. Nullity of dispositions contrary to it. Example.Commercial and Labour — Volume 9 · Source page ٣٣
  26. Principle 138Ascertainment of the commercial nature of an act. The court of merits determines it independently, without review. The condition for this. - Nullity of a contract for contravention of a rule pertaining to public policy. Commercial and Labour — Volume 9 · Source page ٣٣
  27. Principle 140Prohibition on a non-Kuwaiti engaging in commerce except with a Kuwaiti partner or partners holding at least 51%. The legislator's purpose in this prohibition. Protecting local commerce and safeguarding national commerciCommercial and Labour — Volume 9 · Source page ٣٤
  28. Principle 141Printing, publishing, journalism, radio and television, transmission of news and pictures or advertisements, and sale of books. Commercial activities regardless of the capacity or intention of the person undertaking themCommercial and Labour — Volume 9 · Source page ٣٤
  29. Principle 142An agreement on an interest rate exceeding the statutory interest. Void. This relates to public policy. An example.Commercial and Labour — Volume 9 · Source page ٣٤
  30. Principle 143The rules concerning the opening and ownership of premises and establishments for the purpose of engaging in trade or practicing a profession or craft. Their regulation by the legislature under Law 32 of 1969. Its purposCommercial and Labour — Volume 9 · Source page ٣٤
  31. Principle 145The former Commercial Code, 2 of 1961. It does not permit an agent to obtain any compensation unless he is dismissed at an inappropriate time and without an acceptable excuse, even if that excuse relates to the principalCommercial and Labour — Volume 9 · Source page ٣٥
  32. Principle 146Legal rules deemed to concern public policy. Their nature and what is required in the legal provisions establishing them. Example. - A request by a debtor subject to Law 41 of 1993 for authorization to sell the bonds pleCommercial and Labour — Volume 9 · Source page ٣٥
  33. Principle 147The legislature's specification of the activities that exchange companies are licensed to conduct and its prohibition against their conducting banking business, including accepting bank deposits. The Minister of Finance'Commercial and Labour — Volume 9 · Source page ٣٥
  34. Principle 149Declaration of bankruptcy of a client subject to Law 41 of 1993 concerning indebtedness who has ceased payment. Jurisdiction thereover. Assigned to a special circuit. The nature of this jurisdiction and its connection wiCommercial and Labour — Volume 9 · Source page ٣٥
  35. Principle 150A contract's violation of a rule relating to public policy. Its sanction is absolute nullity. Example of the nullity of an investment contract in which the two partners violated those rules. - 35 - CommercialCommercial and Labour — Volume 9 · Source page ٣٥
  36. Principle 151Nullity means nonexistence. - Giving effect to a void contract lacking its constituent elements conflicts with public policy. - A judgment declaring a company void leaves behind a de facto company to be liquidated accordCommercial and Labour — Volume 9 · Source page ٣٦
  37. Principle 153The memorandum of incorporation and articles of association of joint-stock companies must be drawn up in an official instrument. The founders authorizing others to conclude the company contract. Necessarily requires thosCommercial and Labour — Volume 9 · Source page ٣٦
  38. Principle 154Entitlement to default interest, whether statutory or contractual, depends on the debt which the debtor delayed paying arising from a commercial obligation or commercial act. Contravention of this entails absolute nullitCommercial and Labour — Volume 9 · Source page ٣٦
  39. Principle 155The state's purchase of the debts specified in Law 32/1992. Its prerequisite. They must have been outstanding on 1/8/1990 in favor of a local bank, Kuwait Finance House, or an investment company subject to the supervisioCommercial and Labour — Volume 9 · Source page ٣٦
  40. Principle 156Benefiting from Law 41 of 1993 concerning the State's purchase of certain debts. Its condition. The customer's notarization of an acknowledgment of the amount of indebtedness according to the outstanding balance on 1/8/1Commercial and Labour — Volume 9 · Source page ٣٦
  41. Principle 157Legislation regulating tax assessment procedures. Its relation to public policy. Its violation. Its effect. Nullity. - Assessment of customs duty on goods. How it is made. By appraising them according to their value at oCommercial and Labour — Volume 9 · Source page ٣٧
  42. Principle 158Interest rate, statutory or contractual. It may not exceed 7% in the former case or the rate announced by the Central Bank in the latter. Articles 110, 111 of the Commercial Code. This concerns public policy.Commercial and Labour — Volume 9 · Source page ٣٧
  43. Principle 159Entitlement to default interest on a debt. Prerequisite. The debt must arise from a commercial obligation or a commercial act. The debt being civil. Effect. Prohibition on claiming interest on it, as constituting usury pCommercial and Labour — Volume 9 · Source page ٣٧
  44. Principle 160Interest collected by a creditor on his debt. Interest may not be charged on its accrued unpaid amount, nor may it in aggregate exceed the principal. The exception. Cases in which the Commercial Law permits compound inteCommercial and Labour — Volume 9 · Source page ٣٧
  45. Principle 161Entitlement to default interest, whether statutory or contractual. Its criterion. That the debt which the debtor delayed paying arises from a commercial obligation or activity. Absence thereof. Its effect. Prohibition onCommercial and Labour — Volume 9 · Source page ٣٧
  46. Principle 162Establishing a branch of a foreign company in Kuwait or its conducting a commercial activity. Its condition. It must have a Kuwaiti agent and conduct the activity through him. Proof that it conducted the activity itself.Commercial and Labour — Volume 9 · Source page ٣٨
  47. Principle 163Insurance against damage. It must be based on a lawful economic interest, such that the insured risk arises from an activity not contrary to public policy and morals. The reason therefor. The impermissibility of insuringCommercial and Labour — Volume 9 · Source page ٣٨
  48. Principle 164Issuance of a judgment declaring bankruptcy. Its effect. An action may not be brought by or against the bankrupt. The exception. Personal status actions, unless they involve financial claims, in which case the bankruptcyCommercial and Labour — Volume 9 · Source page ٣٨
  49. Principle 165The legislature prescribing a particular form for a contract. Its validity depends on compliance with that form. Introducing an amendment to it. That form must be complied with. The reason for that: it is a matter of pubCommercial and Labour — Volume 9 · Source page ٣٨
  50. Principle 167Foreign companies. Prohibition on establishing branches in Kuwait or conducting commercial business therein except after obtaining a licence therefor from the Ministry of Commerce and Industry. The 2 conditions for issuiCommercial and Labour — Volume 9 · Source page
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