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. السجل التجاري للشركات

    Principle 1707Ascertaining the location of a commercial company's management headquarters. How: from the particulars recorded in its endorsed memorandum of association containing the application submitted for entry in the Commercial RCommercial and Labour — Volume 9 · Source page ٢٩٨
  2. Principle 1709Conversion of a company from one legal form to another. Requires its publication in the Official Gazette and in 2 - 298 - Commercial daily newspapers, the lapse of 60 days from the date of publication, the taking of the Commercial and Labour — Volume 9 · Source page ٢٩٨
  3. Principle 1710A judgment declaring bankruptcy. Its effect: the judgment must be recorded in the commercial register, and the bankruptcy administrator must publish a summary thereof in the Official Gazette and register the summary in tCommercial and Labour — Volume 9 · Source page ٢٩٩
  4. Principle 1711A clear provision. It is impermissible to adopt what contradicts or restricts it. The reason for this. An example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limited liCommercial and Labour — Volume 9 · Source page ٢٩٩
  5. Principle 1713An undisclosed partnership. Its nature. Its characterization by concealment and its lack of legal personality, capital, and a firm name, and its contract’s exemption from registration in the Commercial Register.Commercial and Labour — Volume 9 · Source page ٢٩٩

  6. - مسائل متنوعة

    Principle 1714A partner's assignment of his interest in a limited liability company. Its necessary consequence. The amendment to the company's memorandum of association must be embodied in an authentic instrument and entered in the CoCommercial and Labour — Volume 9 · Source page ٢٩٩
  7. Principle 1715Ownership of real estate by companies in which non-Kuwaitis hold shares. Impermissible. The rationale thereof. - 299 - CommercialCommercial and Labour — Volume 9 · Source page ٢٩٩

  8. - الأسهم بالشركات

    Principle 1720Transactions performed before the entry into force of Decree-Law No. 57 of 1982 concerning transactions relating to company shares concluded on deferred terms, whether through performance or extinction of the obligation Commercial and Labour — Volume 9 · Source page ٣٠٠
  9. Principle 1721Disposition of company founders' shares. Impermissible before the expiry of 3 years from the beginning of the company's existence. Violation thereof. Its effect. Absolute nullity of the disposition, relating to public poCommercial and Labour — Volume 9 · Source page ٣٠١
  10. Principle 1722Decree-Law No. 57/1982 concerning transactions relating to shares. Its purpose. - The arbitration tribunal has exclusive jurisdiction over disputes relating to shares transacted on a deferred basis. The meaning of these Commercial and Labour — Volume 9 · Source page ٣٠١
  11. Principle 1723The criterion for being subject to the legislation issued concerning transactions relating to company shares concluded on deferred terms.Commercial and Labour — Volume 9 · Source page ٣٠١
  12. Principle 1724Grounds of cassation appeal relating to public policy. May be invoked at any time and are applied by the court of its own motion. Example concerning a disposition of shares. - Trading in company shares conducted in violaCommercial and Labour — Volume 9 · Source page ٣٠١
  13. Principle 1725Exchanging shares for a house and agreeing to defer delivery of the house. Does not constitute a deferred share transaction. The effect thereof.Commercial and Labour — Volume 9 · Source page ٣٠١
  14. Principle 1726Referral of the debtor to the Institution for Settlement of Transactions Relating to Company Shares Concluded on a Forward Basis does not prevent his creditor in respect of an ordinary debt from resorting to the ordinaryCommercial and Labour — Volume 9 · Source page ٣٠١
  15. Principle 1727An action for nullity of a contract for the forward sale of shares, then registration of the cheque issued in payment of the price. Falls within the jurisdiction of the Arbitration Panel.Commercial and Labour — Volume 9 · Source page ٣٠١
  16. Principle 1729The jurisdiction of the arbitral tribunal in disputes relating to company shares transacted on deferred terms. Confined to issuing an award in those disputes. Disputes relating to enforcement of that award fall within thCommercial and Labour — Volume 9 · Source page ٣٠٢
  17. Principle 1730Referral of the debtor to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms does not prevent the debtor’s creditors from resorting to the ordinary courts to obtain Commercial and Labour — Volume 9 · Source page ٣٠٢
  18. Principle 1731The arbitration panel for disputes concerning company shares transacted on a forward basis has exclusive jurisdiction to adjudicate these disputes and the claims arising therefrom, including those relating to rights estaCommercial and Labour — Volume 9 · Source page ٣٠٢
  19. Principle 1732Transactions concerning company shares concluded on a deferred basis that were not registered. No action, claim, or complaint concerning them is admissible before judicial, arbitration, or investigation bodies before theCommercial and Labour — Volume 9 · Source page ٣٠٢
  20. Principle 1733The exceptional circuit competent to declare bankruptcy, constituted under Law 75/1983. Its jurisdiction to adjudicate disputed debts. Its prerequisite. Referral of the claimant to it and issuance of a judgment declaringCommercial and Labour — Volume 9 · Source page ٣٠٢
  21. Principle 1734Dispositions of shares in joint-stock companies effected in violation of Article 109 of the Commercial Companies Law. Overlooking their invalidity. Law 42/1984. The legislature's intention thereby.Commercial and Labour — Volume 9 · Source page ٣٠٢
  22. Principle 1735Shares of joint-stock companies under Bahraini law. The requirement that they be registered shares.Commercial and Labour — Volume 9 · Source page ٣٠٢
  23. Principle 1736The arbitral tribunal's jurisdiction to determine disputes relating to forward transactions in company shares is exceptional jurisdiction. - Fees paid to the Fund for Guaranteeing Creditors' Rights Relating to Company ShCommercial and Labour — Volume 9 · Source page ٣٠٢
  24. Principle 1737Debts arising from transactions in company shares conducted on a deferred basis, a reduction applying to the principal of the debt of the highest value resulting from the amicable settlement.Commercial and Labour — Volume 9 · Source page ٣٠٣
  25. Principle 1738The creditor’s failure to submit particulars of the debt to the Institution for Settlement of Transactions Relating to Company Shares Concluded on a Forward Basis within the prescribed time. Its effect. Forfeiture of hisCommercial and Labour — Volume 9 · Source page ٣٠٣
  26. Principle 1739Disputes relating to transactions in company shares concluded on a forward basis and claims arising therefrom. Jurisdiction over them belongs exceptionally to the Arbitration Panel. The prerequisite and limits of this juCommercial and Labour — Volume 9 · Source page ٣٠٣
  27. Principle 1740Referral of the debtor in disputes concerning shares on deferred terms to the Corporation for Settlement of Transactions Relating to Company Shares Transacted on Deferred Terms. Its condition. - Amicable settlement betweCommercial and Labour — Volume 9 · Source page ٣٠٣
  28. Principle 1741The jurisdiction of the arbitration panel constituted pursuant to the provisions of Decree-Law 57/1982 and the circuits that replaced it is exceptional. The scope of this jurisdiction. Hearing claims arising from transacCommercial and Labour — Volume 9 · Source page ٣٠٣
  29. Principle 1742Company shares and partners’ interests are property of legally recognized value. Their assignment is a form of sale. - Partners’ redemption of the interest sold. Its condition.Commercial and Labour — Volume 9 · Source page ٣٠٣
  30. Principle 1743The decision of the Arbitration Panel for Deferred Share Transactions prohibiting the debtor from disposing of his assets and appointing the Institution for the Settlement of Company Share Transactions Concluded on a DefCommercial and Labour — Volume 9 · Source page ٣٠٣
  31. Principle 1744Prohibition on expelling a shareholder from a joint-stock company and forcibly selling his shares. His right to remain in the company and to transfer his shares. Among the fundamental rights that may not be infringed. ItCommercial and Labour — Volume 9 · Source page ٣٠٤
  32. Principle 1746The rule is that trading in shares of joint-stock companies takes place by commercial methods without following the procedures for assignment of rights. The condition for the assignment to be effective is the company's aCommercial and Labour — Volume 9 · Source page ٣٠٤
  33. Principle 1747A claim for brokerage remuneration for intermediating in the purchase of company shares on deferred terms. A claim arising from the transaction in respect of which the intermediation occurred. Jurisdiction to hear it lieCommercial and Labour — Volume 9 · Source page ٣٠٤
  34. Principle 1748Judicial documents, including a petition for cassation signed by the supervisor of the Office for Liquidation of Forward Share Transactions and by those office employees whom he authorizes. Valid.Commercial and Labour — Volume 9 · Source page ٣٠٤
  35. Principle 1749Jurisdiction of the Share Disputes Circuit of the Court of First Instance. Subject-matter jurisdiction relating to public policy and confined to matters formerly within the jurisdiction of the arbitration tribunal. The fCommercial and Labour — Volume 9 · Source page ٣٠٤
  36. Principle 1750Proof of commercial debts is free from the restrictions imposed by the legislature on other debts. Selling or buying - 304 - Commercial company shares. A commercial act. It may be proved by all lawful means of proof.Commercial and Labour — Volume 9 · Source page ٣٠٤
  37. Principle 1751Registered shares. When their ownership is established and the manner of their assignment. The reason for this. Protecting the company and third parties against multiple dispositions of the same share. - Sale of another'Commercial and Labour — Volume 9 · Source page ٣٠٥
  38. Principle 1752The arbitral tribunal's exclusive jurisdiction to determine disputes concerning company shares on a deferred basis. Its award. Final.Commercial and Labour — Volume 9 · Source page ٣٠٥
  39. Principle 1753Attachment of the debtor’s assets held by the Institution for Settlement of Transactions Relating to Company Shares Concluded on a Forward Basis, and not held by the Kuwait Clearing Company competent to collect fees. ItsCommercial and Labour — Volume 9 · Source page ٣٠٥
  40. Principle 1754The principle is that trading in shares of shareholding companies occurs through commercial methods without following the procedures for assignment of rights. A shareholder’s transfer of his shares to a third party. AccoCommercial and Labour — Volume 9 · Source page ٣٠٥
  41. Principle 1756The bank managing the indebtedness subject to Law 41 of 1993. Its valuation and revaluation of assets pledged as security for the indebtedness purchased by the State. The bases it observes in its valuation of shares and Commercial and Labour — Volume 9 · Source page ٣٠٥
  42. Principle 1758Collection of the outstanding value of shares owed by the company’s shareholders upon its termination through declaration of its bankruptcy. It is referable to two cases. The first, where the outstanding value of shares Commercial and Labour — Volume 9 · Source page ٣٠٦
  43. Principle 1759The supervisor of the Office for the Settlement of Situations Arising from Forward Share Transactions, or those whom he authorises. Empowered to represent the Office in all cases, whether brought by or against it, and toCommercial and Labour — Volume 9 · Source page ٣٠٦
  44. Principle 1763An unqualified general provision. It may not be particularized or restricted. The reason therefor. - Article 104 of the Companies Law makes no distinction between installments representing the nominal value of shares andCommercial and Labour — Volume 9 · Source page ٣٠٦
  45. Principle 1764The legislature’s permission to pay 20% of the share’s value upon subscription and to pay the remainder within five years, without prescribing forfeiture as a sanction for exceeding that period. Its effect. The company hCommercial and Labour — Volume 9 · Source page ٣٠٧
  46. Principle 1765Amicable liquidation of forward share transactions registered pursuant to the Decree concerning 57/1982. The Office for the Liquidation of Forward Share Transactions has jurisdiction over them and may evaluate the assetsCommercial and Labour — Volume 9 · Source page
  47. Principle 1766Disputes concerning forward shares and debtors referred for a declaration of bankruptcy, and actions related or connected thereto concerning their creditors' debts not registered with the Clearing Company. The legislaturCommercial and Labour — Volume 9 · Source page
  48. Principle 1767A debtor referred to the Transactions Settlement Institution. He must submit to it, within thirty days from publication of the decision referring him, a statement of the names of his creditors and debtors. The InstitutioCommercial and Labour — Volume 9 · Source page
  49. Principle 1768The absence from the law of a special provision governing limitation of the rights belonging to the entities it specified in the legislation addressing the company-share crisis. Its effect. Those rights are time-barred aCommercial and Labour — Volume 9 · Source page
  50. Principle 1769Registered shares, which bear their owner's name. Establishment of their ownership and assignment. The manner thereof: by entry in a register that the company issuing these shares must maintain. The reason therefor. - 30Commercial and Labour — Volume 9 · Source page
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