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. - الأسهم بالشركات

    Principle 1770Al Ahli Bank of Kuwait. Authorization of its board of directors to determine the manner of subscription for shares in its capital increase and everything relating to implementation of that subscription. Its actions in thCommercial and Labour — Volume 9 · Source page ٣٠٨
  2. Principle 1773The State, public institutions, and Kuwaiti joint-stock companies holding shares in another joint-stock company. May appoint representatives to its board of directors in proportion to their shareholdings, and the number Commercial and Labour — Volume 9 · Source page ٣٠٨
  3. Principle 1774The Office for Liquidation of Forward Share Transactions. It possesses independent legal personality and is represented before the courts by its supervisor or such member of the Office’s staff as he authorizes.Commercial and Labour — Volume 9 · Source page ٣٠٨
  4. Principle 1775Representation of the Office for Liquidation of Forward Share Transactions before courts of any type or level - vested in the Office’s supervisor and those employees whom he authorizes. Their right to appear before the cCommercial and Labour — Volume 9 · Source page ٣٠٨
  5. Principle 1776The Government’s exemption from court fees, regardless of the entity acting on its behalf in bringing the action. Its scope. Actions, applications, and appeals brought by the Government or the aforementioned entities, buCommercial and Labour — Volume 9 · Source page ٣٠٩
  6. Principle 1778Joint-stock companies that do not offer their shares for public subscription. Their incorporation must be by an instrument issued by all founders. Article 94 of the Companies Law. Example concerning transformation of a cCommercial and Labour — Volume 9 · Source page ٣٠٩
  7. Principle 1779Offering company shares for subscription. The legislature regulated it, required that the subscription be genuine, and prohibited sham subscriptions or subscriptions in fictitious names. Violation thereof. Its effect. ThCommercial and Labour — Volume 9 · Source page ٣٠٩
  8. Principle 1780An act violating subscription requirements. Not criminally punishable. Its effect. The nullity action lapses upon the passage of three years from the closing date of subscription. The forfeiture period. What is meant theCommercial and Labour — Volume 9 · Source page ٣٠٩
  9. Principle 1783A shareholder in a joint-stock company listed on the Kuwait Stock Exchange. His obligation to notify the Exchange and the company’s board of directors, by registered letter with acknowledgment of receipt, of every directCommercial and Labour — Volume 9 · Source page ٣١٠
  10. Principle 1784The chamber constituted at the Court of First Instance pursuant to Decree-Law 57/1982 and Decrees 59/1982, 75/1983, 100/1983. Its subject-matter jurisdiction to determine matters formerly determined by the Arbitration PaCommercial and Labour — Volume 9 · Source page ٣١٠
  11. Principle 1787The circuit constituted at the Court of First Instance pursuant to Decree-Law No. 42 of 1988 concerning liquidation of the situations arising from forward share transactions. Has jurisdiction only over matters within theCommercial and Labour — Volume 9 · Source page ٣١١
  12. Principle 1789An employee of a joint-stock company exercising the share option. Its condition. His payment of the value of the shares allocated to him. His resignation before exercising that option. Effect thereof. Lapse of his right Commercial and Labour — Volume 9 · Source page ٣١٢

  13. الدفاتر التجارية

    Principle 1790The general rule concerning the transferability of shares is that it is unrestricted. The exception. - A provision in the company's articles granting the general assembly the right to restrict a shareholder's freedom to Commercial and Labour — Volume 9 · Source page ٣١٢
  14. Principle 1791The particulars recorded in traders' books concerning what they supplied constitute a valid basis permitting the judge to direct a supplementary oath to either party in matters that may not be proved by witness evidence.Commercial and Labour — Volume 9 · Source page ٣١٢
  15. Principle 1792The absence from the insurance policy of a condition forfeiting the insured's right in the event of breach of the obligation to keep commercial books. Invoking such forfeiture. Has no basis.Commercial and Labour — Volume 9 · Source page ٣١٢
  16. Principle 1793The court of merits is not obliged to inspect the litigant's commercial books. The condition therefor.Commercial and Labour — Volume 9 · Source page ٣١٢
  17. Principle 1794Commercial books. The scope of their evidentiary force. Displacement of that evidentiary force by contrary evidence. An example. - 312 - CommercialCommercial and Labour — Volume 9 · Source page ٣١٢

  18. الرخص التجارية

    Principle 1795A merchant's retention of a copy matching the original of all invoices, correspondence and telegrams that he sends or receives, and other material relating to his commercial business, for five years. His obligation, or tCommercial and Labour — Volume 9 · Source page ٣١٣
  19. Principle 1796The impermissibility of agreeing to anything contrary to what is stated in the premises’ licence concerning ownership. Article 2/2 of Law 32 of 1969 concerning the regulation of commercial premises licences. Its scope. ICommercial and Labour — Volume 9 · Source page ٣١٣
  20. Principle 1797The aggregate of tangible and intangible rights included in the disposition by sale of a commercial establishment. Its exclusion of the licence granted to the owner of the commercial establishment and the entry of his naCommercial and Labour — Volume 9 · Source page ٣١٣
  21. Principle 1798Issuance of the premises licence and expiry of its term on a date preceding the entry into force of Law No. 32 of 1969 concerning commercial premises licences on 7/7/1969. Its effect. It is not subject to its provisions.Commercial and Labour — Volume 9 · Source page ٣١٣
  22. Principle 1799The provisions of Law No. 32 of 1969 concerning the regulation of commercial premises licences. Their intended purpose. Their status as general foundations upon which Kuwait’s economic system rests. Their relation to pubCommercial and Labour — Volume 9 · Source page ٣١٣
  23. Principle 1800The provisions of Law No. 32 of 1969 concerning the Regulation of Commercial Premises Licences. The prohibition on issuing a licence to a non-Kuwaiti and the requirement that he be the owner of the establishment's capitaCommercial and Labour — Volume 9 · Source page ٣١٣
  24. Principle 1801Prohibition of issuing a commercial licence to a non-Kuwaiti and the requirement that he own the establishment’s capital or a share of no less than 51% thereof and that he be responsible for its management. Its connectioCommercial and Labour — Volume 9 · Source page ٣١٤
  25. Principle 1802Restriction of ownership and exploitation of licenses to Kuwaitis. The requirement that he own the establishment’s capital or a share of not less than 51%, and that he be responsible for management. Law 32/1969. The reasCommercial and Labour — Volume 9 · Source page ٣١٤
  26. Principle 1803Subletting industrial plots and assigning their exploitation for the same purpose. Valid without the approval of the Ministry of Commerce and Industry. Council of Ministers Resolution dated 2/7/1979.Commercial and Labour — Volume 9 · Source page ٣١٤
  27. Principle 1804Prohibition on the exploitation of commercial premises licences by non-Kuwaitis. Subletting by the allottee without the approval of the Ministry of Commerce and Industry. Valid so long as it is within the limits prescribCommercial and Labour — Volume 9 · Source page ٣١٤
  28. Principle 1805How commercial establishments and premises are operated and owned. Prohibition on issuing a licence to a non-Kuwaiti. He must own the capital or a share of not less than 51% and be responsible for management. Law 32/1969Commercial and Labour — Volume 9 · Source page ٣١٤
  29. Principle 1806Licences for commercial establishments. Prohibition on their issuance to a non-Kuwaiti. Requirement that a Kuwaiti own a specified share and bear responsibility for management. The sanction for violating this is revocatiCommercial and Labour — Volume 9 · Source page ٣١٤
  30. Principle 1807Law 32/1969 concerning Commercial Premises Licences. Its provisions relate to public policy.Commercial and Labour — Volume 9 · Source page ٣١٤
  31. Principle 1808Prohibition on the exploitation of licences for commercial and industrial premises by a non-Kuwaiti. Law 32/1969. This concerns public policy. Absolute nullity of the agreement made for that purpose. Example of a contravCommercial and Labour — Volume 9 · Source page ٣١٤
  32. Principle 1809Issuance of an establishment's licence in the name of a Kuwaiti person. That person's acknowledgment that the licence is nominal and that his ownership extends only to the licence, not the establishment's capital. Its efCommercial and Labour — Volume 9 · Source page ٣١٤

  33. إعسار

    Principle 1810Commercial premises. Licensing their opening and operation by a non-Kuwaiti is impermissible. Issuance of a licence to a Kuwaiti and his assignment thereof to a non-Kuwaiti, directly or indirectly. Its effect. RevocationCommercial and Labour — Volume 9 · Source page ٣١٥
  34. Principle 1811The ineffectiveness of the debtor’s disposition under contracts for consideration as against the creditor. The debtor’s fraud alone does not suffice. Collusion between the debtor and the transferee to prejudice the crediCommercial and Labour — Volume 9 · Source page ٣١٥
  35. Principle 1812Fraud by the debtor is insufficient for his disposition to be ineffective against the creditor. The creditor must prove collusion between the debtor and the transferee to harm him. The basis for this. - The creditor’s prCommercial and Labour — Volume 9 · Source page ٣١٥
  36. Principle 1813Establishment of proof of collusion and that the disposition causes the debtor's insolvency. Within the authority of the court of merits. Its condition.Commercial and Labour — Volume 9 · Source page ٣١٥
  37. Principle 1814The knowledge that starts the running of the three-year limitation period in an action for non-enforceability of the disposition is the creditor’s knowledge of the making of the disposition, the debtor’s insolvency, and Commercial and Labour — Volume 9 · Source page ٣١٥

  38. المحكمة المختصة بشهر الإفلاس

    Principle 1816The courts possess general jurisdiction to hear all disputes except those excluded. - The exceptional circuit competent to declare bankruptcy, constituted under Law 75/1983. Its jurisdiction to determine disputed debts. Commercial and Labour — Volume 9 · Source page ٣١٦
  39. Principle 1818The task of the bankruptcy court is to apply the provisions of the articles concerning bankruptcy and no others. - The bankruptcy court is not a court of the merits with respect to challenges concerning the validity, nulCommercial and Labour — Volume 9 · Source page ٣١٦
  40. Principle 1819Disputes concerning shares traded on deferred payment and debtors referred for declaration of bankruptcy, and related or connected actions concerning the debts owed to their creditors that are not registered with the CleCommercial and Labour — Volume 9 · Source page ٣١٧

  41. تعلق قواعد الإفلاس بالنظام العام

    Principle 1820Jurisdiction of the Bankruptcy Circuit of the Court of First Instance under Law 41 of 1993. Subject-matter jurisdiction. Its relation to public policy. It is exceptional jurisdiction whose interpretation may not be expanCommercial and Labour — Volume 9 · Source page ٣١٧
  42. Principle 1821Provisions of the bankruptcy rules. They are considered matters of public policy. A judgment declaring bankruptcy is for the benefit of all creditors, even if they were not parties to the proceedings. - Challenging a judCommercial and Labour — Volume 9 · Source page ٣١٧
  43. Principle 1822Nullity means nonexistence. - The nullity action being time-barred upon the lapse of fifteen years from the date of the contract. Article 186/3, Civil Code. There is no basis for invoking this when nullity is pleaded by Commercial and Labour — Volume 9 · Source page ٣١٧
  44. Principle 1823Law 41 of 1993 concerning the State's Purchase of Certain Debts and the Manner of Their Collection. Its purpose. - Debt rescheduling or immediate cash payment under Law 41 of 1993. The conditions required and the consequCommercial and Labour — Volume 9 · Source page ٣١٧
  45. Principle 1824Issuance of a judgment declaring bankruptcy. Its effect. No action may be brought by or against the bankrupt. The exception. Personal status actions, unless they involve financial claims, in which case the bankruptcy admCommercial and Labour — Volume 9 · Source page ٣١٨
  46. Principle 1825Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is not issued solely for the benefit of the creditor requesting it, but for the benefit of all creditors, even if thCommercial and Labour — Volume 9 · Source page
  47. Principle 1826A judgment declaring a trader bankrupt. Its effect. The creation of a legal status whereby he is considered bankrupt and the resulting consequences, including the formation of the body of creditors from unsecured creditoCommercial and Labour — Volume 9 · Source page
  48. Principle 1827Time limit for appealing judgments issued in bankruptcy. Fifteen days from the date of the judgment, as an exception to the general rule. Condition for this. It makes no difference whether the judgment declares the tradeCommercial and Labour — Volume 9 · Source page
  49. Principle 1828An action to validate precautionary attachment procedures and an action for a declaration of bankruptcy. Their basis and subject matter are the same: the two debtors' failure to pay their debts. Their joinder for connectCommercial and Labour — Volume 9 · Source page
  50. Principle 1829Declaring a company bankrupt during liquidation: its criterion, cases, and the exception thereto. Declaring the company bankrupt during the 2 years following its striking off the commercial register. Permissible for credCommercial and Labour — Volume 9 · Source page
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