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. شروط الحكم بشهر الإفلاس

    Principle 1830A creditor's application to declare his merchant debtor bankrupt. Its conditions. The state of cessation of payments that leads to declaration of the merchant's bankruptcy. Its inference. Falls within the independent autCommercial and Labour — Volume 9 · Source page ٣١٩
  2. Principle 1831Cessation of payments justifying a declaration of the company’s bankruptcy. What is meant by it. What does not constitute cessation.Commercial and Labour — Volume 9 · Source page ٣١٩
  3. Principle 1832Declaration of the bankruptcy of a merchant debtor. When permissible: if it is established that he has ceased paying some of his debts as a result of a troubled financial position. - Determination of the cessation of payCommercial and Labour — Volume 9 · Source page ٣١٩
  4. Principle 1833Cessation of payments justifying a declaration of bankruptcy. Its nature. - A trader's mere refusal to pay does not constitute cessation in the aforementioned sense, since that refusal may be attributable to an excuse thCommercial and Labour — Volume 9 · Source page ٣١٩
  5. Principle 1834A creditor of a commercial debt that is due for payment may request a declaration of the bankruptcy of the merchant debtor. The condition therefor.Commercial and Labour — Volume 9 · Source page ٣١٩
  6. Principle 1836The company’s being in liquidation. Does not prevent its being declared bankrupt whenever the grounds for doing so are present. A dispute as to the genuineness of the debts of the company’s creditors. Assessment of its sCommercial and Labour — Volume 9 · Source page ٣١٩
  7. Principle 1838The customer who has ceased paying his debts. The Public Prosecution may apply for a declaration of his bankruptcy. Law 41 of 1993. Within fifteen days from the due date of the payment or installment, he may apply to theCommercial and Labour — Volume 9 · Source page ٣٢٠
  8. Principle 1839Cessation of payments by a customer subject to the provisions of Law 41 of 1993, in accordance with its provisions. The Public Prosecution may request that he be declared bankrupt. Article 14(¿). - A customer’s delay in Commercial and Labour — Volume 9 · Source page ٣٢٠
  9. Principle 1840The facilities provided for in Law 41 of 1993 and its amendments. Condition for the debtor to benefit from them. His compliance with the provisions imposed upon him by the law. His failure to authenticate the acknowledgmCommercial and Labour — Volume 9 · Source page ٣٢٠
  10. Principle 1842Inferring the state of cessation of payments that justifies a declaration of bankruptcy. Within the authority of the court of fact. The condition therefor. - Cessation of payments by a customer subject to the provisions Commercial and Labour — Volume 9 · Source page ٣٢١
  11. Principle 1843The conditions specific to a declaration of bankruptcy pursuant to Law 41 of 1993. - The lead bank for the indebtedness undertaking enforcement proceedings against the mortgaged assets. An option available to it, which iCommercial and Labour — Volume 9 · Source page ٣٢١

  12. جواز شهر إفلاس المدين بعد الوفاة

    Principle 1844Inferring the cessation of payment justifying a declaration of bankruptcy. A matter of fact. Its condition. - The legislature empowered the Public Prosecution to apply for a declaration of bankruptcy of a customer who haCommercial and Labour — Volume 9 · Source page ٣٢١
  13. Principle 1845The customer’s cessation of payment of his debts purchased by the State. Its effect. The Prosecution may request that he be declared bankrupt, even after his death or retirement, within the two years following that eventCommercial and Labour — Volume 9 · Source page ٣٢١

  14. سلطة محكمة الموضوع في شهر الإفلاس

    Principle 1846The Public Prosecution may seek a declaration of bankruptcy of a customer who ceases payment pursuant to the provisions of Law 41 of - 321 - Commercial 1993, and the provisions of the Commercial Law shall be followed in Commercial and Labour — Volume 9 · Source page ٣٢١
  15. Principle 1847A disposition for consideration made by the bankrupt after the date of his cessation of payments and before the judgment declaring bankruptcy. It may be declared ineffective against the body of creditors. The condition tCommercial and Labour — Volume 9 · Source page ٣٢٢
  16. Principle 1850Determining merchant status and cessation of payment necessitating declaration of bankruptcy. A question of fact.Commercial and Labour — Volume 9 · Source page ٣٢٢

  17. الصلح الواقي من الإفلاس

    Principle 1851Determining the existence or absence of a state of cessation of payments justifying a declaration of bankruptcy. A matter of fact. Its condition. That the court base its decision on cogent reasons grounded in the case paCommercial and Labour — Volume 9 · Source page ٣٢٢
  18. Principle 1852Amicable liquidation of forward share transactions registered pursuant to Decree 57/1982. The jurisdiction of the Office for the Liquidation of Forward Share Transactions over them, and it has and the valuation of the asCommercial and Labour — Volume 9 · Source page ٣٢٢
  19. Principle 1853The Public Investment Authority and the debtor whose bankruptcy is sought to be declared. They may submit proposals concerning a composition preventive of bankruptcy to the court hearing the application for a declarationCommercial and Labour — Volume 9 · Source page ٣٢٣
  20. Principle 1854Clients subject to the provisions of Law 41 of 1993. The preventive composition against bankruptcy submitted by them to the Public Investment Authority must be presented to the division designated for that purpose at theCommercial and Labour — Volume 9 · Source page ٣٢٣
  21. Principle 1856Composition to avert the bankruptcy of customers whose debts were purchased pursuant to Law 41 of 1993. Its condition. Submission of an application therefor by the customer, as debtor or guarantor, or by the Public InvesCommercial and Labour — Volume 9 · Source page ٣٢٣
  22. Principle 1857An application for a composition to avert bankruptcy submitted by the debtor or the Public Investment Authority. It must initially be presented before the division of the Court of First Instance designated to declare theCommercial and Labour — Volume 9 · Source page ٣٢٤

  23. أثر صدور الحكم بشهر الإفلاس

    Principle 1858An application for a preventive composition submitted by the debtor or the Kuwait Investment Authority. It must initially be presented to the Court of First Instance having jurisdiction to declare the bankruptcy of custoCommercial and Labour — Volume 9 · Source page ٣٢٤
  24. Principle 1859The debtor’s bankruptcy before the guaranteed debt falls due. The creditor must lodge his claim in the debtor’s bankruptcy. The sanction for his failure to do so when seeking recourse against the guarantor. His right of Commercial and Labour — Volume 9 · Source page ٣٢٤
  25. Principle 1860The holder of a cheque has the right of recourse against the drawer and endorsers for its value. The bankruptcy of one of them when recourse is taken against them. The action must be stayed in respect of the bankrupt aloCommercial and Labour — Volume 9 · Source page ٣٢٤
  26. Principle 1861A judgment declaring bankruptcy. Its effect. Formation of the body of creditors whose rights arose before the judgment. Creditors whose rights arose after the judgment. They are not included therein. - 324 - CommercialCommercial and Labour — Volume 9 · Source page ٣٢٤
  27. Principle 1863The decision of the Forward Share Transactions Arbitration Board prohibiting the debtor from disposing of his property. Its implication: divesting him of the administration or disposition of this property. This does not Commercial and Labour — Volume 9 · Source page ٣٢٥
  28. Principle 1865Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his property, whether related to his trade or not. The rationale therefor. All his property secCommercial and Labour — Volume 9 · Source page ٣٢٥
  29. Principle 1866Issuance of a judgment declaring bankruptcy. Its effect. Depriving the bankrupt's creditors of the ability to bring actions against him and take proceedings against his assets, and staying actions and proceedings undertaCommercial and Labour — Volume 9 · Source page ٣٢٥
  30. Principle 1867The bankruptcy court. Its jurisdiction to issue authorization to the Public Investment Authority, in its capacity as administrator of the union of creditors, to sell the bankruptcy estate’s assets and deposit the sale prCommercial and Labour — Volume 9 · Source page ٣٢٦
  31. Principle 1868Ordinary creditors and creditors holding general preferential rights. They may not take individual proceedings against the debtor. They must submit an application to the bankruptcy administrator, who has exclusive competCommercial and Labour — Volume 9 · Source page ٣٢٦
  32. Principle 1869The debtor’s bankruptcy and the creditor’s failure to lodge the debt in the bankruptcy proceedings. Its effect. Forfeiture of the creditor’s right of recourse against the guarantor to the extent of what the creditor woulCommercial and Labour — Volume 9 · Source page ٣٢٦
  33. Principle 1870Issuance of a judgment declaring bankruptcy. Its import. Formation of a body of creditors, any of whom is prohibited from bringing individual actions against the bankrupt, and the progress of any actions any of them may Commercial and Labour — Volume 9 · Source page ٣٢٦
  34. Principle 1871Multiple obligors for a single debt and a declaration of bankruptcy of one of them in respect of that debt. This produces no effect in respect of the other obligors.Commercial and Labour — Volume 9 · Source page ٣٢٧
  35. Principle 1875Issuance of a judgment declaring bankruptcy. Its effect. Divestment of the debtor of the power to manage and dispose of his assets, entailing his being barred from litigating concerning those assets, formation of the bodCommercial and Labour — Volume 9 · Source page ٣٢٧
  36. Principle 1876Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his property, whether related to his trade or not. The reason: all his property guarantees paymCommercial and Labour — Volume 9 · Source page ٣٢٧
  37. Principle 1877A limited liability company ceasing payment of its debts. Effect. Its bankruptcy as a legal person. Bankruptcy does not extend to its shareholders or partners. Reason for this. - Bankruptcy rules. Matters of public policCommercial and Labour — Volume 9 · Source page ٣٢٨
  38. Principle 1878Issuance of a judgment declaring bankruptcy. Its effect. Article 597 of the Commercial Code. - Secured creditors and holders of special preferential rights may bring or continue actions against the bankruptcy administratCommercial and Labour — Volume 9 · Source page ٣٢٨
  39. Principle 1879Issuance of a judgment declaring bankruptcy. Its effect. From its date, the bankrupt is divested of the administration of all his assets, whether or not related to his trade. The reason for this. This extends to assets dCommercial and Labour — Volume 9 · Source page ٣٢٨
  40. Principle 1880Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his assets, whether related to his trade or not. The reason for this. All his assets secure payCommercial and Labour — Volume 9 · Source page ٣٢٨
  41. Principle 1881The Public Prosecution may request a declaration of bankruptcy of a customer who ceases payments pursuant to Law 41 of 1993, and the provisions of the Commercial Code shall be followed in matters not addressed by a proviCommercial and Labour — Volume 9 · Source page ٣٢٩
  42. Principle 1882Judgments issued in disputes relating to bankruptcy which arise only on its occasion, to which its rules and provisions apply, and whose adjudication requires application of the provisions of the articles specific to banCommercial and Labour — Volume 9 · Source page ٣٢٩
  43. Principle 1883Ordinary creditors and creditors holding general preferential rights may not take individual proceedings against the bankrupt debtor. The avenue for obtaining their rights. Its manner. The appellant's failure to follow tCommercial and Labour — Volume 9 · Source page ٣٢٩

  44. عدم جواز الحكُم بشهر إفلاس التاجر أكثر من مرة

    Principle 1884The possessor of mortgaged real property. His payment of the secured debt or part thereof to the mortgage creditor. Its effect. His subrogation to that creditor in all his rights against the debtor to the extent of that Commercial and Labour — Volume 9 · Source page ٣٢٩

  45. حجية حكُم شهر الإفلاس

    Principle 1885Declaring a trader bankrupt more than once. Impermissible. Reason for this. Effect: a single court has jurisdiction over his bankruptcy even if his commercial premises are numerous; new creditors participate in the existCommercial and Labour — Volume 9 · Source page ٣٢٩
  46. Principle 1886The general rule is that the binding authority of judgments is relative. A judgment declaring bankruptcy, however, has absolute binding authority, both as regards persons, producing its effects against all creditors, eveCommercial and Labour — Volume 9 · Source page
  47. Principle 1887Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his assets, whether or not related to his trade. Rationale therefor. All his assets secure paymCommercial and Labour — Volume 9 · Source page
  48. Principle 1888Travel ban. A conservatory or interim measure to prevent the debtor from fleeing before the creditor obtains an enforceable instrument. Its continuation until the debtor’s obligation to his creditor is extinguished. Its Commercial and Labour — Volume 9 · Source page
  49. Principle 1889A co-owner in undivided ownership has the right to take the measures necessary to preserve the commonly owned thing if the managing co-owner fails to take them, without needing the consent of the remaining co-owners. TheCommercial and Labour — Volume 9 · Source page
  50. Principle 1890Counterfeiting a trademark. The precautionary measure required to be taken by the trademark owner. Its restriction to attachment of the tools and machines used or liable to be used in the counterfeiting process and the wCommercial and Labour — Volume 9 · Source page
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