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. - أثرها بالنسبة للوكيل - التزامات الوكيل

    Principle 2002The agent’s obligation to execute the agency within its prescribed limits. His conclusion of a contract outside the limits of the agency in the principal’s name. The rights and obligations arising therefrom do not extendCommercial and Labour — Volume 9 · Source page ٣٥٠
  2. Principle 2003Establishment that the source of the liability of one litigant is personal fault in selecting his substitute and his negligence in performing the agency, and that the source of the second's liability is the direct actionCommercial and Labour — Volume 9 · Source page ٣٥٠
  3. Principle 2004Agency contract. The principal's authorisation of the agent to appoint a substitute without specifying the person. The agent is liable only for his fault in selecting his substitute, his fault in the instructions issued Commercial and Labour — Volume 9 · Source page ٣٥٠
  4. Principle 2005Contract agent. His obligation to preserve the principal’s rights and take all precautionary measures necessary to preserve those rights.Commercial and Labour — Volume 9 · Source page ٣٥٠
  5. Principle 2006The principal's replacement of a contract agent—or a person treated as such—with a new agent. Its effect. The latter's joint and several liability with the principal for payment of the compensation awarded to the former Commercial and Labour — Volume 9 · Source page ٣٥٠

  6. - أثرها بالنسبة للموكل أو الأصيل

    Principle 2007Commercial contracts agency. Its foundation on the concept of representation. The agent therein represents the principal in concluding the transaction. His observance of its limits. Its effect: a relationship, with all iCommercial and Labour — Volume 9 · Source page ٣٥١
  7. Principle 2008Expenses incurred by the agent in performing the agency. The principal's obligation to reimburse him for them.Commercial and Labour — Volume 9 · Source page ٣٥١
  8. Principle 2009Amounts necessary for expenditure on carrying out the agency. The principal's obligation to provide them to his agent unless otherwise agreed. - Interpretation of contracts and instruments to ascertain their parties' intCommercial and Labour — Volume 9 · Source page ٣٥١

  9. - مسئولية الوكيل

    Principle 2010Legal dispositions made by the agent before the principal's death within the limits of the agency. They remain in existence and produce their effects, so that the principal acquires all rights arising from them and bearsCommercial and Labour — Volume 9 · Source page ٣٥١

  10. - التوكيل الصادر من ممثل الشخص المعنوي

    Principle 2011Treaties of the person authorized to delegate without specifying the identity of the substitute. His liability is confined to his personal fault, excluding the substitute's acts. - The power of attorney issued by the repCommercial and Labour — Volume 9 · Source page ٣٥١
  11. Principle 2012A power of attorney issued by the representative of a legal person is not affected in its validity or continuance by the cessation of that representative’s capacity. The reason for that. It is considered to have been issCommercial and Labour — Volume 9 · Source page ٣٥١

  12. - الوكالة بأجر

    Principle 2014General agency. Its nature. Its effect: it grants the agent only the right to undertake acts of administration. - An agreement involving a legal disposition. The agent must have a special power of attorney to conclude itCommercial and Labour — Volume 9 · Source page ٣٥٢

  13. - الوكالة بالخصومة

    Principle 2016The arbitrator derives his authority from the parties’ agreement to submit their dispute to him for arbitration. The necessary consequence. Where the arbitration agreement is contained in a contract concluded by a personCommercial and Labour — Volume 9 · Source page ٣٥٢

  14. - الوكالة الخاصة

    Principle 2019The agent's conclusion of the contract in circumstances indicating, by virtue of his position, that he has the right to agree to the arbitration clause. Rebutting this appearance and denying that the agent exceeded the lCommercial and Labour — Volume 9 · Source page ٣٥٣

  15. - الوكالة الظاهرة

    Principle 2021Agency for sale and other transactions for consideration. It must be a special agency specifying the type of disposition. It may be granted without specifying the subject matter. Its scope extends to all the principal's Commercial and Labour — Volume 9 · Source page ٣٥٣
  16. Principle 2022Apparent agent. Binding the principal by his act. Article 557 of the Commercial Code. The rule of this article is not confined to the situation set out therein. Reason therefor. - 353 - CommercialCommercial and Labour — Volume 9 · Source page ٣٥٣
  17. Principle 2024An agent's contracting for the account of the principal within the limits of his agency. Its effects accrue to the principal, and all rights thereunder belong to him. His contracting outside the limits of his agency or wCommercial and Labour — Volume 9 · Source page ٣٥٤
  18. Principle 2025The judgment correctly concluding that the principal is bound by the act of his apparent agent. Reliance on the provisions of Articles 562, 569 of the Commercial Code concerning the commercial representative and the emplCommercial and Labour — Volume 9 · Source page ٣٥٤
  19. Principle 2026An agent acting without representative authority. The effects of the transaction he concludes with a third party do not extend to the principal, even if the third party acts in good faith, believing that he is acting witCommercial and Labour — Volume 9 · Source page ٣٥٤
  20. Principle 2027Establishment that the apparent agent is a non-Kuwaiti prohibited from engaging in trade for his own account or owning a commercial establishment, and that his signature on the papers of the establishment he represents wCommercial and Labour — Volume 9 · Source page ٣٥٤
  21. Principle 2028Apparent agency. The factual existence of an appearance of agency despite its being contrary to the truth. It produces, in relation to third parties acting in good faith, the same effects as an actual agency. Kuwaiti lawCommercial and Labour — Volume 9 · Source page ٣٥٤
  22. Principle 2029Inferring the existence or absence of apparent agency. A factual matter. Within the exclusive competence of the trial court, provided its inference is reasonable. - The existence of apparent agency. It entails the same cCommercial and Labour — Volume 9 · Source page ٣٥٤
  23. Principle 2030Drawing up a commercial instrument in discharge of a prior obligation results in the creation of a new obligation, namely the obligation under the instrument, alongside the original obligation. The creditor may have recoCommercial and Labour — Volume 9 · Source page ٣٥٤
  24. Principle 2031Apparent agency. Its effect. It produces the same effects as actual agency. - Apparent agency. Conditions for its existence: the agent acts in the principal's name without representative authority, the person dealing witCommercial and Labour — Volume 9 · Source page ٣٥٥
  25. Principle 2032Apparent agency. Conditions for its existence: the agent’s acting in the principal’s name without representative authority, good faith on the part of the person dealing with the agent irrespective of the agent’s good faiCommercial and Labour — Volume 9 · Source page ٣٥٥
  26. Principle 2033Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his disposition with third parties, in rights and obligations, accrue to the principal. The reasCommercial and Labour — Volume 9 · Source page ٣٥٥
  27. Principle 2034Apparent agency. Its effect. The apparent agent represents the principal in his dealings with third parties. The effects of his disposition with third parties, in rights and obligations, accrue to the principal. The ratiCommercial and Labour — Volume 9 · Source page ٣٥٥

  28. - الوكالة المستترة

    Principle 2035Conditions that must be satisfied in an apparent agency for it to produce the effects of an actual agency. Their nature. - Inferring the existence or absence of apparent agency, examining evidence and documents, assessinCommercial and Labour — Volume 9 · Source page ٣٥٥
  29. Principle 2036The agent's failure, upon concluding the contract, to disclose his capacity as a representative. The type of this agency. An undisclosed agency through the agent returning his name to the principal. The effect of this agCommercial and Labour — Volume 9 · Source page ٣٥٦

  30. - وكالة التأمين

    Principle 2037Representative agency and undisclosed agency. The nature of each. - Insurance agency:-Commercial and Labour — Volume 9 · Source page ٣٥٦
  31. Principle 2038Insurance agent. He conducts his work in the name and for the account of the insurance company he represents, not in his own name.Commercial and Labour — Volume 9 · Source page ٣٥٦

  32. - وكالة بالسمسرة

    Principle 2040The statutory requirement that insurance agents be registered with the Chamber of Commerce and the Commercial Register. Does not prevent the valid formation of the agency they actually carry on, notwithstanding the absenCommercial and Labour — Volume 9 · Source page ٣٥٦

  33. - الوكالة التجارية

    Principle 2041A broker is an agent commissioned by one contracting party to mediate with the other contracting party to complete a transaction between them for remuneration due to him pursuant to an express or implied agreement inferrCommercial and Labour — Volume 9 · Source page ٣٥٦
  34. Principle 2042The principal's concluding the agent from the obligation to render an account of his acts. Applies to commercial agency. The basis therefor.Commercial and Labour — Volume 9 · Source page ٣٥٧
  35. Principle 2043Commercial agency. Its practice is restricted to persons of Kuwaiti nationality. Failure to register it. Effect thereof. An action concerning it shall not be heard.Commercial and Labour — Volume 9 · Source page ٣٥٧
  36. Principle 2044Printing, publishing, journalism, radio and television activities, transmission of news and images or advertisements, and sale of books. Commercial acts regardless of the capacity or intention of the person undertaking tCommercial and Labour — Volume 9 · Source page ٣٥٧
  37. Principle 2045Bringing goods covered by the agency into the agent’s territory during the agency term through a channel other than him, with the intention of trading in them. Unlawful commercial competition against the agent or distribCommercial and Labour — Volume 9 · Source page ٣٥٧
  38. Principle 2046Bringing goods bearing the original producer's trademark, over which the local agent has exclusivity, into his or the distributor's territory during the term of his agency, other than through him, for the purpose of tradCommercial and Labour — Volume 9 · Source page ٣٥٧
  39. Principle 2048An unregistered commercial agency. An action concerning it shall not be heard. Law 36 of 1994 concerning the regulation of commercial agencies.Commercial and Labour — Volume 9 · Source page ٣٥٨
  40. Principle 2049Termination of agency upon the death of either party. Not a matter of public policy. Its import: It is permissible to agree that the heirs shall replace the agent in the event of his death.Commercial and Labour — Volume 9 · Source page ٣٥٨

  41. - وكالة العقود

    Principle 2050Contract agency is a form of commercial agency. Its nature. It is a contract under which a person undertakes, on a continuing basis within a specified area of activity, to seek to conclude contracts for the benefit of thCommercial and Labour — Volume 9 · Source page ٣٥٨
  42. Principle 2051Commercial contracts agency. An ordinary agency. The agent therein is merely a representative of the principal. The effect thereof. The effects of the transaction accrue directly to the principal. Creation of a direct reCommercial and Labour — Volume 9 · Source page ٣٥٨
  43. Principle 2053Determining whether a legal rule pertains to public policy or not. A question of law. Subject to review by the Court of Cassation. - The rules contained in the new Commercial Law for the protection of contract agents. ArCommercial and Labour — Volume 9 · Source page ٣٥٨
  44. Principle 2054Contract agency. Its definition. The limits of the contract agent's task are determined according to the agreement.Commercial and Labour — Volume 9 · Source page ٣٥٨
  45. Principle 2055Contract agency. Its nature. Commission agency. Its definition and effects. - Commission agency and contract agency. Criterion for distinguishing between them. - The criterion for characterizing a contract and determininCommercial and Labour — Volume 9 · Source page ٣٥٨
  46. Principle 2056The legislature's regulation of a particular subject. Its necessary consequence. No recourse to the general rules concerning it. Exception. The special regulation of commercial contract agency includes a provision permitCommercial and Labour — Volume 9 · Source page
  47. Principle 2057Determining 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 contracts agents. ConsCommercial and Labour — Volume 9 · Source page
  48. Principle 2058Disputes arising from a contract agency agreement. Jurisdiction over them. The court within whose district the place of performance of the contract lies, as an exception to the rules of jurisdiction. Reason for this exceCommercial and Labour — Volume 9 · Source page
  49. Principle 2060Contract agency. Its nature: a contract whereby a person undertakes, on a continuing basis within a specified area of activity, to endeavour to promote and negotiate the conclusion of transactions for the principal's benCommercial and Labour — Volume 9 · Source page
  50. Principle 2061Disputes arising from a contract agency agreement. The court within whose district the place of its performance is located has jurisdiction to hear disputes relating to it, as an exception to the rules of jurisdiction coCommercial and Labour — Volume 9 · Source page
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