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. حلول

    Principle 2122The joint and several surety. He may not plead that recourse must first be had against the debtor, nor that the debtor's assets must first be exhausted. If he pays the debt, he may have recourse against the remaining surCommercial and Labour — Volume 9 · Source page ٣٦٩
  2. Principle 2123Transactions relating to company shares concluded on deferred terms. The arbitral tribunal has exclusive jurisdiction to determine disputes relating thereto and to transactions resulting therefrom. The guarantor's recourCommercial and Labour — Volume 9 · Source page ٣٦٩
  3. Principle 2124The insured who obtains compensation from the insurer upon damage to the goods transported. He may not obtain it again from the carrier. The insurer is subrogated to the insured in claiming this compensation from the carCommercial and Labour — Volume 9 · Source page ٣٦٩
  4. Principle 2125The insurer's statutory subrogation to the insured in the actions the latter has against the person responsible for the damage insured against. Its condition is the insurer's payment of the insurance amount. And to the eCommercial and Labour — Volume 9 · Source page ٣٦٩
  5. Principle 2126An action by the insurer in statutory subrogation to the insured against the responsible party. It is not properly constituted until the date of payment of the insurance amount. The effect thereof on the plea that it is Commercial and Labour — Volume 9 · Source page ٣٧٠
  6. Principle 2127The insurer's payment of the insurance amount to the insured in insurance against damage. Its effect. Its statutory subrogation to his rights against the liable party. The reason therefor. This subrogation is confined toCommercial and Labour — Volume 9 · Source page ٣٧٠
  7. Principle 2128The insurer under compulsory motor-accident insurance and the person liable are obligated for the same debt, notwithstanding the difference in its source. The effect thereof: their liability in solidum for its discharge.Commercial and Labour — Volume 9 · Source page ٣٧٠
  8. Principle 2129A jointly and severally liable surety. He may not plead that recourse must first be had against the debtor, nor claim prior exhaustion of the debtor's assets. If he pays the debt, he may have recourse against the remainiCommercial and Labour — Volume 9 · Source page ٣٧٠
  9. Principle 2131The rule is that trading in shares of joint-stock companies takes place by commercial methods without following the procedures for assignment of rights. The condition for the effectiveness of the assignment is the companCommercial and Labour — Volume 9 · Source page ٣٧١
  10. Principle 2132Statutory or contractual subrogation. Its scope: confined to the person subrogated to the attaching creditor. The effect thereof.Commercial and Labour — Volume 9 · Source page ٣٧١
  11. Principle 2134Combining the insurance amount and compensation. Impermissible. The reason therefor. It is impermissible to recover for the damage sustained twice, once from the insurer and again from the liable third party. The generalCommercial and Labour — Volume 9 · Source page ٣٧١
  12. Principle 2135Payment by the insurer of the insurance amount to the insured under damage insurance. Its effect. His subrogation by operation of law to the insured against the person liable. The reason therefor. The economy of this subCommercial and Labour — Volume 9 · Source page ٣٧١
  13. Principle 2136Multiple sureties jointly and severally liable among themselves and with the debtor. Its effect. The surety who has paid the debt may have recourse against each of the others for his share of the debt and for the share oCommercial and Labour — Volume 9 · Source page ٣٧١
  14. Principle 2137The obligation of the insurer and the third party responsible for the accident to compensate the injured party for liability arising from motor vehicle accidents. Their concurrent liability for payment. The source of eacCommercial and Labour — Volume 9 · Source page ٣٧١
  15. Principle 2138Subrogation of the payer to the creditor's rights whenever the payer is liable for the debt on behalf of the debtor or is obliged to discharge it for him. - The insurer under compulsory motor accident insurance. The insuCommercial and Labour — Volume 9 · Source page ٣٧٢
  16. Principle 2139The State's purchase of certain debts in accordance with the controls prescribed in Law 41 of 1993, as amended. Its effect. Its substitution for the creditor in respect of recovery of the assigned right against the debtoCommercial and Labour — Volume 9 · Source page ٣٧٢
  17. Principle 2141The insurance company may have recourse against the insured for the value of the compensation it has paid in two cases. Their nature: breach of reasonable conditions or the existence of one of the cases stipulated in ArtCommercial and Labour — Volume 9 · Source page ٣٧٢
  18. Principle 2142The suretyship contract. Its nature. What suretyship entails and when the surety is discharged. The manner of recourse against the debtor. By a personal action or an action by subrogation.Commercial and Labour — Volume 9 · Source page ٣٧٢
  19. Principle 2143The State's guarantee. A subsidiary guarantee enabling the injured party to obtain compensation for his injury. This guarantee does not arise - 372 - Commercial if another person is obliged to compensate for the same damCommercial and Labour — Volume 9 · Source page ٣٧٢
  20. Principle 2144The insurer's recourse action against the third party responsible for the damage for the compensation it paid to the injured party, and against the insured in the event of breach of the conditions agreed upon in the insuCommercial and Labour — Volume 9 · Source page ٣٧٣
  21. Principle 2145The insurer's action for recovery of the compensation it paid to the injured party. Its foundation is its subrogation to the injured party in recourse against the liable person. Meaning thereof. The right transferred to Commercial and Labour — Volume 9 · Source page ٣٧٣
  22. Principle 2146The insurer’s paying the insured or the injured party his entitlement. Its effect. Its statutory subrogation to his rights of recourse against the responsible third party for what it paid. It may exercise the insured’s rCommercial and Labour — Volume 9 · Source page ٣٧٣
  23. Principle 2147The insurer's cover. Its scope. Liability insurance relates to the insured's assets and is predominantly indemnificatory in character. The insurer may be subrogated to the insured in claiming his right from the person reCommercial and Labour — Volume 9 · Source page ٣٧٣
  24. Principle 2148Liability insurance. Its nature. Permissibility of the insurer's subrogation to the insured in claiming his right from the person liable for the damage. - The injured party in liability insurance. He is not considered thCommercial and Labour — Volume 9 · Source page ٣٧٣
  25. Principle 2149Payment of the debt. Its effect. Subrogation of the payer to the creditor. - The insurer and the third party liable for the motor accident. The source of each one's obligation to compensate differs: the source of the forCommercial and Labour — Volume 9 · Source page ٣٧٤
  26. Principle 2150The insurer's payment to the insured of the amount of insurance against damage. Its effect. Its statutory subrogation to the insured against the third party responsible for the damage. Restriction of this subrogation to Commercial and Labour — Volume 9 · Source page ٣٧٤
  27. Principle 2151Subrogation of the person who paid the debt to the creditor who received satisfaction of his right. Permissible where the payer was liable for the debt jointly with the debtor or obliged to pay it on his behalf. Article Commercial and Labour — Volume 9 · Source page ٣٧٤
  28. Principle 2152Payment by the insurer to the insured or the injured party. Its effect. Its subrogation by law to that person's rights of recourse against the liable third party for what it has paid, exercising the insured's right with Commercial and Labour — Volume 9 · Source page ٣٧٥
  29. Principle 2153The insurer’s recourse action against the liable third party for the compensation it paid to the injured party. Its basis. The insurer’s subrogation to the injured party’s rights. The basis of this subrogation. A statutoCommercial and Labour — Volume 9 · Source page ٣٧٥
  30. Principle 2155Subrogation of the payer to the creditor where the payer is liable for the debt on behalf of the debtor or is obliged to pay it for him. Statutory subrogation. - The insurer under compulsory motor accident insurance. ItsCommercial and Labour — Volume 9 · Source page ٣٧٥

  31. إعفاء

    Principle 2156The insurer's statutory subrogation to the insured's rights against the third party responsible for the damage—in damage insurance—if it pays him the insurance amount. Its condition: the person responsible for the damageCommercial and Labour — Volume 9 · Source page ٣٧٥

  32. عرض وإيداع

    Principle 2157Agency, general or special. The general rule is that it confers capacity upon the agent only to undertake the matters specified therein. His obligation to provide a detailed account of all its activities, supported by doCommercial and Labour — Volume 9 · Source page ٣٧٦
  33. Principle 2158Tender and deposit, where the subject is money or another thing that can readily be delivered to the creditor without difficulty at his original domicile or workplace. Its manner: following the steps prescribed in ArticlCommercial and Labour — Volume 9 · Source page ٣٧٦

  34. مقاولة

    Principle 2159Discharge of a debt. Accomplished by the debtor directly depositing it or taking the procedure alternative to deposit in accordance with the provisions of the Code of Procedure. Among its cases. The emergence of new reasCommercial and Labour — Volume 9 · Source page ٣٧٦
  35. Principle 2160The administration requiring the public works contractor to select particular materials. Its effect.Commercial and Labour — Volume 9 · Source page ٣٧٦
  36. Principle 2161The unloading contractor is a servant of the ship, and the carrier is liable to the consignee for his faults. The consignee may not have contractual recourse against him. - 376 - Commercial - Absolute prohibition on the Commercial and Labour — Volume 9 · Source page ٣٧٦
  37. Principle 2162The contracting party’s right to refrain from performing his obligation if the other contracting party does not perform what he has undertaken. A general rule applicable to both parties to a contract for work. - The emplCommercial and Labour — Volume 9 · Source page ٣٧٧
  38. Principle 2163The contractor's delay in performing the contract does not, in itself, indicate that he bears a delay penalty.Commercial and Labour — Volume 9 · Source page ٣٧٧
  39. Principle 2166Sea freight charges. Those competent to collect them. The ship's agent, the loading and branching contractor, and the cargo agent.Commercial and Labour — Volume 9 · Source page ٣٧٧
  40. Principle 2167The contractor is obliged to perform the work in accordance with the terms of the contract for works. Whether or not the contractor completed the work in this manner is a material fact. It may be proved by all means of pCommercial and Labour — Volume 9 · Source page ٣٧٧
  41. Principle 2169The subcontractor's recourse against the employer. Its condition. That the employer be indebted to the main contractor.Commercial and Labour — Volume 9 · Source page ٣٧٧
  42. Principle 2170Delay penalty. Its definition. An agreed penalty clause subject to the trial court’s assessment as to entitlement and amount. - Absence of the contractor’s liability. Its condition. - 377 - CommercialCommercial and Labour — Volume 9 · Source page ٣٧٧
  43. Principle 2171The existence or absence of fault on the part of the employer that excludes the contractor's liability. A question of fact independently assessed by the trial court, provided that it bases its judgment on tenable groundsCommercial and Labour — Volume 9 · Source page ٣٧٨
  44. Principle 2172An increase or decrease in the costs of the work. Has no effect on the extent of the obligations arising under the contract for works: the contractor may not, upon an increase in costs, demand an increase in the considerCommercial and Labour — Volume 9 · Source page ٣٧٨
  45. Principle 2173Assignment of a right subsequent to the subcontract. Its effect. The assigned right passes thereby to the assignee encumbered by the subcontractor's preferential lien.Commercial and Labour — Volume 9 · Source page
  46. Principle 2174The rule is that no direct relationship exists between the employer and the subcontractor. The latter may claim from him what he owes the main contractor by an indirect action. The exception. - The direct action and prefCommercial and Labour — Volume 9 · Source page
  47. Principle 2175The debtor’s failure to perform his obligation. Effect thereof. The creditor’s right to judicial authorization to perform it at the debtor’s expense. - The contractor’s performance of his obligation in a defective mannerCommercial and Labour — Volume 9 · Source page
  48. Principle 2176Prohibition on a non-Kuwaiti engaging in trade unless he has a Kuwaiti partner holding at least 51% of the capital. Rationale for this prohibition. Its connection with public policy. Violation of this prohibition entailsCommercial and Labour — Volume 9 · Source page
  49. Principle 2177Actions arising from the loading and unloading contract. Their limitation period. The legislature unified it at one year, whether the action is brought against the contractor or by him. Reason for this.Commercial and Labour — Volume 9 · Source page
  50. Principle 2178The subcontractor's indirect action against the employer to claim what the latter owes to the main contractor. Protection of the subcontractor from competition with the main contractor and his creditors. The means of thiCommercial and Labour — Volume 9 · Source page
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