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. إجراءات تحفظية

    Principle 1891Every interested party and the trademark owner may obtain an order from the competent judge for conservatory measures against any machinery or tools used in affixing the trademark, as well as the products, goods and papeCommercial and Labour — Volume 9 · Source page ٣٣١
  2. Principle 1892Issuance 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 ٣٣١
  3. Principle 1893An action to establish a state of affairs. Its termination as soon as the court finishes taking the conservatory measure requested therein through the expert's filing of his report. The court's ruling terminating the actCommercial and Labour — Volume 9 · Source page ٣٣١
  4. Principle 1894Orders on petitions. They are orders issued by judges of interim matters in exercise of their non-contentious jurisdiction on petitions submitted to them by interested parties. Their issuance without reasons, ordering anCommercial and Labour — Volume 9 · Source page ٣٣١

  5. المتجر (المحل التجاري)

    Principle 1895Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the power to manage all his assets, whether - 331 - Commercial related to his trade or not. The reason therefor. All his Commercial and Labour — Volume 9 · Source page ٣٣١
  6. Principle 1896Sale of a commercial establishment. Entry in the register and the establishment owner’s license. Their exclusion from the aggregate of tangible and intangible rights covered by the disposition. The reason for this.Commercial and Labour — Volume 9 · Source page ٣٣٢
  7. Principle 1897A business possessing the tangible and intangible elements. Its sale must be effected by an official instrument specifying these elements.Commercial and Labour — Volume 9 · Source page ٣٣٢
  8. Principle 1898Commercial premises licences. Ensuring the Kuwaiti's ownership and exploitation of the licence. How this is accomplished. He must own the establishment's capital or a share of not less than 51% thereof and be responsibleCommercial and Labour — Volume 9 · Source page ٣٣٢
  9. Principle 1899Sale of a commercial business. Official form is an essential element of its formation. Its absence: effect thereof. Its nullity and its being deemed never to have existed. Any interested person may invoke this nullity, aCommercial and Labour — Volume 9 · Source page ٣٣٢
  10. Principle 1900Trade style. Its owner, as an incident of a business, succeeds his predecessor in the obligations and rights arising under that style. Nullity of the sale of the business for failure to execute it in official form. Its eCommercial and Labour — Volume 9 · Source page ٣٣٢
  11. Principle 1901Purchase of a business under a sale contract not embodied in official form. Effect thereof. Nullity of the contract. The purchaser has no standing in this respect and is not considered a successor to his sellers. ConsequCommercial and Labour — Volume 9 · Source page ٣٣٣
  12. Principle 1902Sale of a commercial establishment. Execution in official form is an essential element of its formation. This pertains to public policy. Its effect.Commercial and Labour — Volume 9 · Source page ٣٣٣
  13. Principle 1903Official form is an essential element of the sale of a business whenever the sale encompasses all its tangible and intangible components. A sale extending to the premises alone, devoid of the components of the business. Commercial and Labour — Volume 9 · Source page ٣٣٣
  14. Principle 1904Sale of a business establishment. A formal contract. Execution in official form is an essential element thereof. Its absence. Its effect. Absolute nullity of the contract.Commercial and Labour — Volume 9 · Source page ٣٣٣
  15. Principle 1905The trade name must be clearly different from names previously entered in the commercial register. The reason for this. A trader's adoption of a name similar to another's. Unlawful competition. The latter may prevent theCommercial and Labour — Volume 9 · Source page ٣٣٣
  16. Principle 1906Regulation of the granting of licences and ownership of commercial establishments. A matter of public policy. Law 32 of 1969. Implication thereof. Prohibition on issuing a licence to anyone other than Kuwait, and its revCommercial and Labour — Volume 9 · Source page ٣٣٣
  17. Principle 1907The absence from the contract for the sale of a commercial business of a statement of the tangible and intangible elements of the business. Does not in itself indicate that the sale does not include them. For the contracCommercial and Labour — Volume 9 · Source page ٣٣٣
  18. Principle 1908Commercial premises. Licensing a non-Kuwaiti to open and operate them. Impermissible. Issuance of a licence to a Kuwaiti and its assignment by him to a non-Kuwaiti, directly or indirectly. Effect. Revocation of the licenCommercial and Labour — Volume 9 · Source page ٣٣٣
  19. Principle 1910Prohibition on issuing licences for commercial and craft premises to non-Kuwaitis. Conditions for issuing a licence to a Kuwaiti. Contravention thereof. Its effect. Revocation of the licence. The reason therefor. These pCommercial and Labour — Volume 9 · Source page ٣٣٣
  20. Principle 1911Real Estate Lease Law 35/1978, its scope of application, cases in which a lease falls outside that scope. A lease of a commercial business is not subject to this Law. The reason for this.Commercial and Labour — Volume 9 · Source page ٣٣٤
  21. Principle 1912Regulating the granting of licences or ownership of commercial premises is a matter of public policy, f 32/69. Prohibition on issuing licences to a non-Kuwaiti. Conditions for issuance of the licence Kuwait. ContraventioCommercial and Labour — Volume 9 · Source page ٣٣٤
  22. Principle 1913The issuance of a contract for the operation of commercial premises to someone other than those whom the legislature exclusively vested with the right to operate them individually. The effect of absolute nullity. The conCommercial and Labour — Volume 9 · Source page ٣٣٤
  23. Principle 1914Regulation of commercial premises licences under Law 32/1966 and their opening and ownership. Its relation to public policy. The reason for that. The effect of its violation. - A contract concluded in violation of the prCommercial and Labour — Volume 9 · Source page ٣٣٤
  24. Principle 1915Determining whether the elements of the business covered by the sale constitute essential elements of the commercial establishment such as to make its sale a sale of a commercial establishment, or are merely nonessentialCommercial and Labour — Volume 9 · Source page ٣٣٤
  25. Principle 1916The tangible and intangible contents of a business. - When a contract may be considered a sale of a commercial establishment. - The purchaser of a commercial establishment must carry on the same activity that the seller Commercial and Labour — Volume 9 · Source page ٣٣٤
  26. Principle 1917The holder of a commercial premises license assigning it to another person of Kuwaiti nationality. No violation of public policy and no nullity.Commercial and Labour — Volume 9 · Source page ٣٣٤
  27. Principle 1918Companies Law. Its scope of application: the formation, management and dissolution of companies. Companies' conduct of their activities. Its subjection to the provisions of the Commercial Code. - 334 - Commercial - TradeCommercial and Labour — Volume 9 · Source page ٣٣٤
  28. Principle 1919A contract for the sale of a business. It need not include all its necessary elements or necessarily be issued by the property owner or the operator of the industrial plot. Inclusion of its essential elements for conductCommercial and Labour — Volume 9 · Source page ٣٣٥
  29. Principle 1920Business undertaking. Its definition. Its elements: tangible and intangible. - Official form is an essential element in the formation of a sale of a business undertaking. The consequence of its absence. Nullity of the coCommercial and Labour — Volume 9 · Source page ٣٣٥
  30. Principle 1921The lease of a commercial business falls outside the scope and application of the Real Estate Lease Law. The basis thereof.Commercial and Labour — Volume 9 · Source page ٣٣٥
  31. Principle 1922Regulation of the granting of licences to open and own commercial premises. A matter of public policy. Law 32/1969. Prohibition on issuing a licence to a non-Kuwaiti and its revocation if the premises are assigned to anoCommercial and Labour — Volume 9 · Source page ٣٣٥
  32. Principle 1923The secured creditor has no right of pursuit in respect of an element of the business covered by the security if the debtor's disposition of that element preceded publication of the security. The transferee may invoke thCommercial and Labour — Volume 9 · Source page ٣٣٥
  33. Principle 1924Prohibition on a non-Kuwaiti engaging in trade in Kuwait personally or through an intermediary unless he has a Kuwaiti partner holding not less than 51% of the total capital of the commercial establishment. The legislatuCommercial and Labour — Volume 9 · Source page ٣٣٥
  34. Principle 1926The elements of a business and its tangible and intangible components. Those necessary for its constitution. - The customer-connection element. Indispensable to the existence of the business. Selling that element alone cCommercial and Labour — Volume 9 · Source page ٣٣٦
  35. Principle 1927The goodwill of a commercial establishment. Its elements and their combined effect in attracting customers. - The license and building are among the tangible elements of a business. Leasing it with its tangible and intanCommercial and Labour — Volume 9 · Source page ٣٣٦
  36. Principle 1929A non-Kuwaiti engaging in trade individually. Not permissible unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the capital of the joint business. The purpose of this prohibition and its rCommercial and Labour — Volume 9 · Source page ٣٣٦
  37. Principle 1930The sale of a business is concluded only by an official instrument. Failure thereof. Its effect. Nullity. - Jurisdiction to examine the plea of nullity of the contract in which arbitration was agreed lies with the ordinaCommercial and Labour — Volume 9 · Source page ٣٣٦
  38. Principle 1932Sale of a business. Its condition. It must be effected by an official instrument. Failure thereof. Effect thereof. The contract is deemed void, has no legal existence and produces no effect in relation to either the contCommercial and Labour — Volume 9 · Source page ٣٣٦
  39. Principle 1933Exemption of owners of small establishments from being subject to the provisions of Law 38 of 1964 concerning Labour in the Private Sector. The rationale for this exception. Alleviating the financial burdens imposed by tCommercial and Labour — Volume 9 · Source page ٣٣٧
  40. Principle 1934A Kuwaiti's assignment of the licence for his commercial premises to another Kuwaiti. Its effect. No invalidity and no violation of public policy; the licence is cancelled and the assignee may request its renewal in his Commercial and Labour — Volume 9 · Source page ٣٣٧
  41. Principle 1935Sale of a commercial establishment. Condition for its formation. Recording it in an official instrument before a notary public. Failure to follow the form prescribed by law. Its effect. Absolute nullity of the sale. Any Commercial and Labour — Volume 9 · Source page ٣٣٧
  42. Principle 1936The appellant's insistence that the two respondents be required to return what they received without right, because they failed to perform their obligation to sign the sale contract, whereby they were enriched without laCommercial and Labour — Volume 9 · Source page ٣٣٧
  43. Principle 1938Failure to state the price in a contract for the sale of a business. No nullity if the agreement or circumstances show that the contracting parties intended to deal at the price customarily used between them or at the maCommercial and Labour — Volume 9 · Source page ٣٣٧

  44. - عنوان تجاري

    Principle 1939A void contract produces no effect. It is considered such from the time of its conclusion. This requires: restoring the contracting parties to the position they were in before contracting whenever this is feasible. If thCommercial and Labour — Volume 9 · Source page ٣٣٧

  45. - اسم تجاري

    Principle 1940A sole proprietorship is not a legal person with an independent patrimony. - The successor to whom ownership of the business has passed. He is prohibited from using his predecessor’s trade designation unless that designaCommercial and Labour — Volume 9 · Source page ٣٣٨
  46. Principle 1941Trade name and trademark. The nature of each. - A person's acquisition of ownership of a trademark. Its effect. Establishing protection for him preventing others from using it. The nature of this right. Its restriction tCommercial and Labour — Volume 9 · Source page
  47. Principle 1942Trademark. Its particular distinctive identity. Regard is had to the overall image impressed upon the mind as a result of the combination of letters, symbols or images as a whole. An example.Commercial and Labour — Volume 9 · Source page
  48. Principle 1943The purpose of a trademark. A means of distinguishing products and goods. What matters in determining its distinctive identity is consideration of it as a whole, as a general image impressed upon the mind, rather than eaCommercial and Labour — Volume 9 · Source page
  49. Principle 1944The judgment's failure to identify the similarities between the mark and its confinement to stating only the differences. Inadequacy. - 338 - CommercialCommercial and Labour — Volume 9 · Source page
  50. Principle 1945The litigant’s knowledge that the goods he imported bear a trademark owned by another. Its sufficiency to confer protection on the trademark owner pending determination of the merits.Commercial and Labour — Volume 9 · Source page
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