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. - وكالة العقود

    Principle 2062Commission agency and contract agency. Their nature and the difference between them. - Characterizing the contract, determining whether it is a commission agency or a contract agency, and determining the rights of its paCommercial and Labour — Volume 9 · Source page ٣٦٠
  2. Principle 2064The legislature's regulation of contract agency in the Commercial Code in a manner different from the general provisions on commercial agencies in Law 36 of 1964. Its effect. Written proof thereof is sufficient without sCommercial and Labour — Volume 9 · Source page ٣٦٠
  3. Principle 2065Contracts agency. Its nature: a contract under which a person undertakes, on a continuing basis within a specified area of activity, to solicit and negotiate the conclusion of transactions in the principal’s interest, orCommercial and Labour — Volume 9 · Source page ٣٦٠
  4. Principle 2066Contract agency and equivalent contracts of common interest. The principal may not dismiss the agent and terminate his contract unless the latter commits a fault. Contravention thereof. His obligation to compensate for tCommercial and Labour — Volume 9 · Source page ٣٦٠

  5. - وكالة بالعمولة

    Principle 2068Contract agency. Its nature: a contract whereby a person undertakes, on a continuing basis, to seek, within a particular area of activity, to conclude transactions for the principal’s benefit in return for remuneration, Commercial and Labour — Volume 9 · Source page ٣٦٠
  6. Principle 2069Commission agency for carriage. Its nature. Its effect: the primary obligation is to conclude a contract of carriage, and if the agent undertakes carriage using his own means, the provisions governing the contract of carCommercial and Labour — Volume 9 · Source page ٣٦١
  7. Principle 2070The distinction of commission agency for carriage is distinguished from brokerage activities in that the commission agent contracts with third parties in his own name or in his principal’s name for the same thing or persCommercial and Labour — Volume 9 · Source page ٣٦١
  8. Principle 2071Including in a memorandum in the joined action and in the statement of appeal that the appellant contracted in her own name with the carrier and for the respondent's account. Considered an extrajudicial admission. SubjecCommercial and Labour — Volume 9 · Source page ٣٦١
  9. Principle 2072Non-recognition of an unregistered agency. This applies to the contracting parties, not to third parties, who may prove the existence of the capacity of commission agent by all means of proof.Commercial and Labour — Volume 9 · Source page ٣٦١
  10. Principle 2074Commission agency. Its nature. Non-disclosure of the principal's name does not entail a modification of the effects of the agency. Condition thereof. The criterion for characterising the type of agency contract. It is thCommercial and Labour — Volume 9 · Source page ٣٦١
  11. Principle 2075Commission agency. Its definition. And its effects. - The commission agent is the party with standing to be sued in actions relating to the attributes that he concludes in his own name.Commercial and Labour — Volume 9 · Source page ٣٦١
  12. Principle 2076The one-year limitation period applies to actions arising from a contract for the carriage of things or persons or a transport commission agency contract. Article 162, Commercial Code. This enumeration is exhaustive. ExaCommercial and Labour — Volume 9 · Source page ٣٦١
  13. Principle 2077Commission agency for carriage. Its nature: a contract under which the agent undertakes to contract, in his own name or in his principal’s name, with a carrier to transport a thing or a person to a specified destination Commercial and Labour — Volume 9 · Source page ٣٦١

  14. - الوكالة في عمليات البنوك

    Principle 2078Characterisation of a contract as a commission agency or a contract agency and determination of the rights of its parties. The governing consideration is the contract's provisions and the common intention of the contractCommercial and Labour — Volume 9 · Source page ٣٦٢
  15. Principle 2079The bank deposit. Its definition, what distinguishes it from a deposit allocated for a specific undertaking, and when the depositary assumes the position of an agent whose principal obligation is to safeguard the money.Commercial and Labour — Volume 9 · Source page ٣٦٢
  16. Principle 2080Appointing a bank as agent to collect the value of a cheque is subject to the agency provisions of the Civil Code, supplemented by banking custom. - The agent’s appointment of a substitute. Impermissible except with authCommercial and Labour — Volume 9 · Source page ٣٦٢
  17. Principle 2081Appointing a bank as agent to collect the value of a cheque is subject to the agency provisions of the Civil Code, supplemented by banking custom. - An agent authorized to appoint a substitute without the substitute beinCommercial and Labour — Volume 9 · Source page ٣٦٢

  18. - وكالة السفن

    Principle 2082Bank deposit. A contract conferring on the bank ownership of the money and the power to dispose of it according to its needs, with an obligation to return it to the depositor. - A deposit allocated to a particular undertCommercial and Labour — Volume 9 · Source page ٣٦٣
  19. Principle 2083Ship agency activities may be conducted only by a Kuwaiti, who must be entered in the register of the Ministry of Communications. The reason therefor. An agency existing despite non-registration. Is validly constituted aCommercial and Labour — Volume 9 · Source page ٣٦٣
  20. Principle 2084Regulation of the practice of ship agency activities. Article 139 Maritime Commercial Code. It does not affect the rules governing the formation of that agency, the grounds for its termination or the manner of proving itCommercial and Labour — Volume 9 · Source page ٣٦٣
  21. Principle 2085The ship’s agent is the legal representative of the maritime carrier in actions arising from the contract of carriage. Effect thereof.Commercial and Labour — Volume 9 · Source page ٣٦٣
  22. Principle 2086The ship's agent. An agent for maritime transport in actions arising from maritime transport. Joining him as a defendant suffices for the action to be regarded as brought against the party with standing, without needing Commercial and Labour — Volume 9 · Source page ٣٦٣
  23. Principle 2087The deposit placed by the ship’s agent with a bank as security for the enforcement of judicial judgments rendered against the maritime carrier. - Decree-Law 28/1980. Its application from the date of its entry into force.Commercial and Labour — Volume 9 · Source page ٣٦٣
  24. Principle 2088The deposit or bank guarantee that the ship's agent is required to deposit with a bank. Prescribed to secure enforcement of judgments issued against the sea carrier since the Maritime Commerce Law entered into force. RegCommercial and Labour — Volume 9 · Source page ٣٦٣
  25. Principle 2089The regulation of the practice of ship agency in the Maritime Commercial Code is intended to enable interested parties to enforce judgments obtained by them against foreign carriers. This regulation does not affect the pCommercial and Labour — Volume 9 · Source page ٣٦٤
  26. Principle 2090It is sufficient to establish the agency of the vessel's maritime agent under the general rules for persons interested in the cargo to have the right to bring proceedings against him as the carrier's representative and tCommercial and Labour — Volume 9 · Source page ٣٦٤
  27. Principle 2091The ship's agent is deemed a representative of the maritime carrier in actions arising from maritime transport operations brought by or against it in the locality where the agent's headquarters is situated.Commercial and Labour — Volume 9 · Source page ٣٦٤

  28. - وكيل الحمولة

    Principle 2094The ship's agent represents the carrier in actions arising from maritime carriage operations brought by or against it in the locality where the agent's headquarters are situated. Joining him as a defendant suffices for tCommercial and Labour — Volume 9 · Source page ٣٦٤

  29. - الوكالة والنظام العام

    Principle 2096Formation of a limited liability company or any amendment made to it. Requires its embodiment in an official instrument. The reason for that: It is a matter of public policy. Contravention thereof. Non-existence of the cCommercial and Labour — Volume 9 · Source page ٣٦٥

  30. - تقدير أجر الوكيل

    Principle 2098The general rule is that agency terminates upon the death of the principal or the agent or either one's loss of capacity. The reason: personal considerations are taken into account in selecting the agent. - Legal disposiCommercial and Labour — Volume 9 · Source page ٣٦٥
  31. Principle 2099Remunerated agency and gratuitous agency. The nature of the agent’s obligation in each.Commercial and Labour — Volume 9 · Source page ٣٦٥

  32. - انتهاء الوكالة

    Principle 2100The rule is that the contract agent is entitled to remuneration for transactions concluded by the principal or another within the territory allocated to the agent's activity. The basis therefor. Articles 277, 278 of the Commercial and Labour — Volume 9 · Source page ٣٦٥
  33. Principle 2101Agency. Its termination from the time the agent learns of the reason for termination. Its consequence. The effect of acts undertaken by the agent before learning thereof extends to the principal. - 365 - CommercialCommercial and Labour — Volume 9 · Source page ٣٦٥
  34. Principle 2103Termination of agency upon the bankruptcy of the agent or principal. Exception for the principal’s bankruptcy where the agent or a third party has an interest in its continuation. Article 613 of the Commercial Law. - TheCommercial and Labour — Volume 9 · Source page ٣٦٦
  35. Principle 2104Agency terminates upon the death of the principal or agent or either one's loss of legal capacity. - The principal may at any time dismiss his agent or restrict his agency, even if there is an agreement to the contrary. Commercial and Labour — Volume 9 · Source page ٣٦٦
  36. Principle 2105Termination of agency. Its grounds are completion of the work, expiry of its term, or death of the agent or principal. The basis therefor. An example.Commercial and Labour — Volume 9 · Source page ٣٦٦

  37. - عزل الوكيل

    Principle 2106The company’s board of directors. Its competence to manage the company. Its members are agents of the general meeting of shareholders for performing management activities. Termination of the agency upon expiry of the boaCommercial and Labour — Volume 9 · Source page ٣٦٦
  38. Principle 2108State-owned industrial plots are not considered public property. The effect thereof. - Agency is a revocable contract. The principal may dismiss the agent at any time before completion of the work entrusted to him. He maCommercial and Labour — Volume 9 · Source page ٣٦٧

  39. إنابة

    Principle 2109Agency. How it terminates: by informing the agent of the reason for termination. - Dismissal or replacement of the agent. Takes effect only from the time of his knowledge. The implication thereof. Legal acts performed byCommercial and Labour — Volume 9 · Source page ٣٦٧
  40. Principle 2110Judgments rendered against the representative in his capacity. He is compelled to execute them within the limits of the principal's funds held by him.Commercial and Labour — Volume 9 · Source page ٣٦٧
  41. Principle 2111Commercial contracts agency. An ordinary agency based on the concept of representation. Its effect.Commercial and Labour — Volume 9 · Source page ٣٦٧
  42. Principle 2112Appointing a bank as agent to collect a cheque is governed by the agency provisions of the Civil Code, supplemented by banking custom. - An agent authorised to appoint a substitute without designating the substitute's idCommercial and Labour — Volume 9 · Source page ٣٦٧
  43. Principle 2114The management appointed over the bank by the Iraqi occupation authorities. Its representation of the bank is usurpatory and unlawful representation. The effect thereof. Its acts and procedures are nonexistent as againstCommercial and Labour — Volume 9 · Source page ٣٦٨
  44. Principle 2115Expression of intention to conclude a contract. The rule is that the contracting party himself, the contracting party, expresses it. The exception: Contracting may take place through representation. An example concerningCommercial and Labour — Volume 9 · Source page ٣٦٨
  45. Principle 2116Provisions and rules relating to collection of purchased debts. Their nature and purpose. Law 41 of 1993. - The bank representing the State demanding debt instalments from the debtor and taking enforcement measures againCommercial and Labour — Volume 9 · Source page ٣٦٨
  46. Principle 2117Amicable liquidation of forward share transactions registered pursuant to the Decree concerning 57/1982. The Office for Liquidation of Forward Share Transactions has competence over them and has, and the valuation of theCommercial and Labour — Volume 9 · Source page
  47. Principle 2118The principal's authorizing another person to conclude a contract for his account. Its effect. The effects of the contract accrue to him, not to his representative, unless the latter deals in his own name, in which case Commercial and Labour — Volume 9 · Source page
  48. Principle 2119The original principal's permission to his agent to sell the property to himself and to appoint another agent for that purpose. Treating the agency as a remunerated agency and one in the agent's interest. Inclusion in thCommercial and Labour — Volume 9 · Source page
  49. Principle 2120Statutory subrogation of the person paying the debt. Its condition. The payer must have paid the creditor the debt owed by the debtor, not a debt owed by the payer himself.Commercial and Labour — Volume 9 · Source page
  50. Principle 2121A creditor's recourse against the surety under a commercial suretyship. Does not require first making a demand against the debtor. Its import. He has the choice of making a demand against either of them or against both tCommercial and Labour — Volume 9 · Source page
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