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. مقاولة

    Principle 2179Assignment of a right. Its conditions, limitation and effect upon transfer of the right constituting its subject matter. - The main contractor's right against the employer. Its transfer to the assignee legally encumberedCommercial and Labour — Volume 9 · Source page ٣٧٩
  2. Principle 2181The contractor's obligation. An obligation to achieve a result. Its nature: the building remaining sound for ten years. Proof of breach of this obligation. How this is done. The contractor's warranty. What it encompassesCommercial and Labour — Volume 9 · Source page ٣٧٩
  3. Principle 2182The contract of carriage imposes on the carrier an obligation that the things carried reach the consignee. The nature of this obligation. An obligation to achieve a result. Damage to or destruction of the things. It suffCommercial and Labour — Volume 9 · Source page ٣٧٩
  4. Principle 2184The contract must be performed in accordance with the requirements of good faith and honourable dealing. - The contractor's obligation is an obligation to achieve a result. His failure to deliver the work in full at the Commercial and Labour — Volume 9 · Source page ٣٧٩
  5. Principle 2185The subcontractor has a direct action against the employer for what is due to him from the main contractor. The condition - 379 - Commercial for this. The employer must owe a debt to the main contractor arising from the Commercial and Labour — Volume 9 · Source page ٣٧٩
  6. Principle 2186The subcontractor's direct action against the employer and the preferential lien established for him over amounts owed by the latter to the main contractor. Jurisdiction to hear it falls outside the jurisdiction of the ACommercial and Labour — Volume 9 · Source page ٣٨٠
  7. Principle 2187The direct action and preferential right established for the subcontractor against the main contractor. Their limits: what is owed to the main contractor by the employer. The condition therefor: the latter must owe the mCommercial and Labour — Volume 9 · Source page ٣٨٠
  8. Principle 2188The contractor’s liability for completing the work within the agreed period. When it has no application. - Inferring or negating the employer’s fault that excludes the contractor’s liability for delay in performance. A mCommercial and Labour — Volume 9 · Source page ٣٨٠
  9. Principle 2189Payment by the employer discharging his liability towards the main contractor. Its condition. That the subcontractor be a creditor of the main contractor.Commercial and Labour — Volume 9 · Source page ٣٨٠
  10. Principle 2190Determining the existence or absence of fault on the part of the employer or the main contractor in his capacity as employer, by which the contractor's liability for delay in performance is excluded. Within the authorityCommercial and Labour — Volume 9 · Source page ٣٨٠
  11. Principle 2191The subcontractor and workers working for the original contractor in carrying out the work may claim directly from the employer what is due to them from the original contractor, within the limits of what is due to the laCommercial and Labour — Volume 9 · Source page ٣٨٠
  12. Principle 2192The subcontractor's recourse against the employer. Its condition. The employer must owe a debt to the principal contractor under the principal contractor's contract at the time the subcontractor brings the direct action Commercial and Labour — Volume 9 · Source page ٣٨٠
  13. Principle 2193The subcontractor. A party to the contract for works and a creditor who claims, within the limits of the remuneration owed to him by the main contractor and the accessories to that remuneration, from the debtor party, naCommercial and Labour — Volume 9 · Source page ٣٨٠
  14. Principle 2194The contractor may entrust performance of all or part of the work to a subcontractor if a contractual condition does not prohibit him from doing so or the nature of the work is such that the contractor's identity is a maCommercial and Labour — Volume 9 · Source page ٣٨١
  15. Principle 2195The contractor's warranty for buildings or structures he has erected. The duration of this warranty and what it covers.Commercial and Labour — Volume 9 · Source page ٣٨١
  16. Principle 2196The subcontractor may bring an action against the employer seeking a judgment obliging him to pay the default interest due to the subcontractor from the main contractor. The basis thereof. Article 982, Civil Code. The reCommercial and Labour — Volume 9 · Source page ٣٨١
  17. Principle 2197The subcontractor's workers have a right of direct action against the main contractor for what is due to them from the subcontractor. The condition thereof: that the main contractor owe a debt to the subcontractor.Commercial and Labour — Volume 9 · Source page ٣٨١
  18. Principle 2198A non-Kuwaiti engaging in trade in Kuwait. Impermissible except through a Kuwaiti partner or partners holding at least 51% of the total capital. The reason for that. Ascertaining the nature of the work. A matter of fact.Commercial and Labour — Volume 9 · Source page ٣٨١
  19. Principle 2199A creditor may assign to another his right against his debtor unless prohibited by a provision of law, an agreement between the contracting parties, or the nature of the obligation. - The original contractor’s right agaiCommercial and Labour — Volume 9 · Source page ٣٨١
  20. Principle 2200The employer and the subcontractor. No contractual relationship binds them. The effect thereof. The latter may claim from the former what the former owes to the main contractor by an indirect action. He also has a directCommercial and Labour — Volume 9 · Source page ٣٨٢
  21. Principle 2201The sea carrier's obligation. Its nature. Delivery of the goods complete and sound to the consignee after unloading the goods. - The unloading contractor works for the carrier's account and under its responsibility. Its Commercial and Labour — Volume 9 · Source page ٣٨٢
  22. Principle 2202The contractor's discovery of defects in the work materials supplied by the employer rendering them unsuitable for their intended purpose. Its effect. He must notify the employer thereof; otherwise, he is liable for all Commercial and Labour — Volume 9 · Source page ٣٨٢
  23. Principle 2203The provisions laid down by the legislature concerning the contractor's and engineer's warranty for the buildings or fixed structures they erect. Their relation to public policy. Effect thereof. No agreement may contraveCommercial and Labour — Volume 9 · Source page ٣٨٢
  24. Principle 2205The engineer's and contractor's warranty. It encompasses total or partial collapse or defects occurring in structures, even where the collapse arises from a defect in the land, as well as everything that threatens the soCommercial and Labour — Volume 9 · Source page ٣٨٢
  25. Principle 2206Contracts for constructing, modifying, renovating and demolishing real property. The contractor’s undertaking therein to provide raw materials or supply workers. Considered commercial acts irrespective of the capacity orCommercial and Labour — Volume 9 · Source page ٣٨٢
  26. Principle 2207Termination of the contract for works by impossibility of performance for a reason attributable to neither party. Its effect. The obligations of both parties are extinguished, the contract for works is dissolved automatiCommercial and Labour — Volume 9 · Source page ٣٨٣
  27. Principle 2208The employer and subcontractor. No contractual relationship binds them. The latter may claim from the former the amount he owes to the main contractor by an indirect action. He also has a direct action and a preferentialCommercial and Labour — Volume 9 · Source page ٣٨٣
  28. Principle 2209The contractor's obligation is an obligation to achieve a result, namely that the building remains sound for ten years after its delivery. Article 692 Civil. Breach of this obligation is established merely by proving thaCommercial and Labour — Volume 9 · Source page ٣٨٣
  29. Principle 2210The subcontractor's direct recourse against the employer. It is limited to what the latter owes the main contractor at the time the action is brought. - The second subcontractor. He may have recourse by direct action agaCommercial and Labour — Volume 9 · Source page ٣٨٣

  30. - الإيجاب والقبول

    Principle 2212Formation of a contract. Its condition. Acceptance must correspond to the offer on all matters. Failure of acceptance to match the offer, differing from it by addition or omission. It is regarded as a rejection containinCommercial and Labour — Volume 9 · Source page ٣٨٧
  31. Principle 2213Implied acceptance of an offer. How it occurs. Adopting a position whose indication of such acceptance leaves no doubt in the circumstances. An example of its absence. Express opposition to an increase in freight chargesCommercial and Labour — Volume 9 · Source page ٣٨٧
  32. Principle 2214The insured's signature on the insurance policy. Not necessary for the conclusion of the insurance contract. The reason for this.Commercial and Labour — Volume 9 · Source page ٣٨٧
  33. Principle 2215The insurance contract is a consensual contract. The insured's signature on its policy. Not necessary. The reason for this. His signature on the insurance application constitutes a firm offer. His silence for thirty daysCommercial and Labour — Volume 9 · Source page ٣٨٧
  34. Principle 2216The issuer's signature on the instrument. Its necessary consequence. His obligation to pay its value even if the cause of indebtedness is not stated therein. The reason therefor. A lawful cause is presumed for every obliCommercial and Labour — Volume 9 · Source page ٣٨٧
  35. Principle 2217Telephone communication as an approved means for banks to conduct foreign currency purchase and sale operations. A banking custom. Its reason. Speed in completing transactions.Commercial and Labour — Volume 9 · Source page ٣٨٨
  36. Principle 2218Expression of intention. When it takes effect. Its reaching the person to whom it was addressed. A presumption of his knowledge of it. - The management appointed over the bank by the Iraqi occupation authorities. Its repCommercial and Labour — Volume 9 · Source page ٣٨٨
  37. Principle 2219Conclusion of insurance between the parties in the manner prescribed by Article 779 of the Civil Code. How it takes place. Example.Commercial and Labour — Volume 9 · Source page ٣٨٨

  38. - النيابة في التعاقد

    Principle 2220Formation of an agreement. Its condition. Acceptance must correspond to the offer. A difference between them. Its effect. Its non-conclusion. Implied acceptance. Established by adopting a position whose indication of accCommercial and Labour — Volume 9 · Source page ٣٨٨
  39. Principle 2221Expression of intention to conclude a contract. The rule is that the contracting party expresses it himself. The exception. Contracting through representation is permissible. Example concerning employees of commercial prCommercial and Labour — Volume 9 · Source page ٣٨٨

  40. - الصفة في التعاقد

    Principle 2222The agent's contracting with third parties in the principal's name. Its effect. Treating the contract as if made by the principal, who acquires the rights arising therefrom and bears the obligations resulting therefrom. Commercial and Labour — Volume 9 · Source page ٣٨٨

  41. - الشكلية كركن في بعض العقود

    Principle 2223The manager of a limited liability company who is liable from his personal assets for the company’s debt is the person established to have held that capacity at the time of concluding the contract giving rise to the indeCommercial and Labour — Volume 9 · Source page ٣٨٨
  42. Principle 2224The conclusion and amendment of a formal contract are valid only upon fulfilment of the required form. The form imposed by law concerns public policy. The effect thereof. - Limited liability companies. Their contract or Commercial and Labour — Volume 9 · Source page ٣٨٩
  43. Principle 2225Authentic form is an essential element in the formation of a sale of a business. The consequence of its absence. Nullity of the contract. Its relation to public policy. The implication thereof.Commercial and Labour — Volume 9 · Source page ٣٨٩
  44. Principle 2226The legislature's imposition of a particular form for a contract or its amendment. Aimed at a public interest connected with public policy. Absence of the formality. Its effect. Nonexistence of the contract or amendment.Commercial and Labour — Volume 9 · Source page ٣٨٩
  45. Principle 2227Official form is an essential element of a contract assigning a partner's share in a limited liability company. - Assignment of a share in a limited liability company. Its effect extends to the company, the partners and Commercial and Labour — Volume 9 · Source page
  46. Principle 2228The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their formation. The form of a contract prescribed by law constitutes an essential element of the contract. ICommercial and Labour — Volume 9 · Source page
  47. Principle 2229The legislature's prescription of a particular form for a contract. Its implication. The contract is invalid unless that form is fulfilled. Rationale therefor and its connection with public policy. Absence. Its effect. NCommercial and Labour — Volume 9 · Source page
  48. Principle 2230Sale of a business. The condition for its formation. Recording it in an authentic instrument before a notary public. Failure to follow the form prescribed by law. Its effect. The sale is void with nullity. Any interestedCommercial and Labour — Volume 9 · Source page
  49. Principle 2231Anyone who receives something not due is obliged to return it. It makes no difference whether its not being due arises from the facts themselves or from a legal consideration. - The appellant's insistence that the two reCommercial and Labour — Volume 9 · Source page
  50. Principle 2232Official form is an essential element in the formation of a sale of a business. Its absence. Its effect: nullity of the contract, whether as regards the contracting parties or third parties. It may be invoked by any inteCommercial and Labour — Volume 9 · Source page
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