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. - ما يتعلق بالنظام العام

    Principle 168The Circuit constituted at the Court of First Instance pursuant to Decree-Law 57/1982 and Decrees 59/1982, 75/1983 and 100/1983. Its subject-matter jurisdiction to determine matters previously determined by the ArbitratiCommercial and Labour — Volume 9 · Source page ٣٩
  2. Principle 169A judgment declaring a trader bankrupt. Its effect. The creation of a legal status whereby the trader is considered bankrupt, with the ensuing effects, including the formation of the body of creditors comprising ordinaryCommercial and Labour — Volume 9 · Source page ٣٩
  3. Principle 170Benefiting from Law 41 of 1993 concerning the state's purchase of certain debts. Its condition. The customer's notarization of an acknowledgment of the amount of the debt according to the outstanding balance on 1/8/1990 Commercial and Labour — Volume 9 · Source page ٣٩
  4. Principle 171Formation of a limited liability company or any amendment thereto. The requirement that it be embodied in an official instrument. The reason for this: it is a matter of public policy. Violation thereof. Non-existence of Commercial and Labour — Volume 9 · Source page ٤٠
  5. Principle 172Regulation of the offering of company shares for subscription in a manner safeguarding the interests of investors and companies and the stability of the economic system. Its implication. Such regulation is considered a mCommercial and Labour — Volume 9 · Source page ٤٠

  6. - ما لا يتعلق بالنظام العام

    Principle 173The circuit constituted at the Court of First Instance pursuant to Decree-Law No. 42 of 1988 concerning the liquidation of situations arising from forward share transactions. It has jurisdiction only over matters within Commercial and Labour — Volume 9 · Source page ٤٠
  7. Principle 174Formal notice to the debtor. Not related to public policy. The effect of this. The issue of formal notice is not deemed to be present in the proceedings and always raised therein. The court raising it of its own motion aCommercial and Labour — Volume 9 · Source page ٤٠
  8. Principle 175The new law applies to everything occurring from its effective date unless otherwise provided. The effects of legal acts remain subject to the law under which they were concluded, unless the provisions of the new law conCommercial and Labour — Volume 9 · Source page ٤٠
  9. Principle 176Permitting proof by witness testimony in commercial matters. A rule unrelated to public policy. Agreement to the contrary is permissible by waiving the right thereto. Example of an implied waiver. - 40 - CommercialCommercial and Labour — Volume 9 · Source page ٤٠
  10. Principle 177A litigant's recourse to the courts in a matter agreed to be subject to arbitration constitutes a breach of the rules of functional jurisdiction. Jurisdiction in this respect does not pertain to public policy. The effectCommercial and Labour — Volume 9 · Source page ٤١
  11. Principle 179Assignment by the holder of a commercial shop license to another Kuwaiti. No violation of public order and no nullity.Commercial and Labour — Volume 9 · Source page ٤١
  12. Principle 180The new law applies to everything occurring from the date it comes into force unless otherwise provided. The effects of dispositions remain subject to the law under which they were concluded unless the provisions of the Commercial and Labour — Volume 9 · Source page ٤١
  13. Principle 181Arbitration is an exceptional means of resolving disputes, provided that its implementation is possible. A plea invoking it does not concern public policy. The effect of this.Commercial and Labour — Volume 9 · Source page ٤١

  14. - ما يتعلق بالآداب العامة

    Principle 182A Kuwaiti's assignment of the licence of his commercial premises to another Kuwaiti. Its effect. No nullity and no contravention. Of public policy, and the licence is cancelled and the assignee may request its renewal inCommercial and Labour — Volume 9 · Source page ٤١
  15. Principle 183Exclusion of applicable provisions of foreign law. Impermissible unless they contravene public policy or morals in Kuwait, affect the entity of the State, or concern a general and fundamental interest of the community. ACommercial and Labour — Volume 9 · Source page ٤٢

  16. - بوجه عام

    Principle 184Insurance against damage. Must be based on a legitimate economic interest, in that the insured risk must arise from an activity not contrary to public policy and morals. Reason therefor. - Impermissibility of insurance aCommercial and Labour — Volume 9 · Source page ٤٢
  17. Principle 185The Commercial Code. Its scope of application. Insurance operations. Among commercial acts. Their subjection to the general rules of the Commercial Code, including entitlement to interest in commercial matters.Commercial and Labour — Volume 9 · Source page ٤٣
  18. Principle 186The sale and purchase of land or real estate. The general rule is that it is a civil act. A transaction undertaken with the intention of profiting from its sale in its original condition or after subdivision. A commerciaCommercial and Labour — Volume 9 · Source page ٤٣
  19. Principle 187Purchase of real estate. In principle, a civil act. It is commercial if the purchase is intended for resale and profit-making. The burden of proving this intention rests on the person alleging it.Commercial and Labour — Volume 9 · Source page ٤٣
  20. Principle 188Brokerage is a commercial activity. Its practice by a non-Kuwaiti is impermissible. A brokerage contract in which the broker is non-Kuwaiti. Absolutely void on grounds relating to public policy. It cannot serve as a basiCommercial and Labour — Volume 9 · Source page ٤٣
  21. Principle 189Commercial acts. Their nature. - Liberal professions. Are not considered commercial acts even if practising them requires undertaking acts of a commercial character. - Determining whether an act is commercial and whetherCommercial and Labour — Volume 9 · Source page ٤٣
  22. Principle 190A loan is commercial if its purpose is to expend the borrowed sums on commercial activities. The determining factor is the borrower's apparent intention at the time of contracting, not the ultimate use of the sums.Commercial and Labour — Volume 9 · Source page ٤٣
  23. Principle 191The statement concerning the place of payment. A promissory note must include it. The effect of its omission. It loses its banking character, falls outside the scope of negotiable instruments law, and is regarded as an oCommercial and Labour — Volume 9 · Source page ٤٣
  24. Principle 192Services and work performed by a merchant for others. Their gratuitous nature is negated unless the contrary is established. Reason therefor: gratuitous giving is not customary in commerce. - 43 - CommercialCommercial and Labour — Volume 9 · Source page ٤٣
  25. Principle 193The evidentiary force of mandatory commercial books in favor of their merchant owner against his merchant opponent. Its condition.Commercial and Labour — Volume 9 · Source page ٤٤
  26. Principle 194The straying of goods and their sale for profit, and dealing in foreign currency. A commercial act.Commercial and Labour — Volume 9 · Source page ٤٤
  27. Principle 195Unfair commercial competition constitutes a tort entailing liability and compensation for damage. - Inferring the fault giving rise to liability and evaluating the expert's opinion. Within the authority of the court of mCommercial and Labour — Volume 9 · Source page ٤٤
  28. Principle 196A current account whose value has not been determined and whose closure neither party requested before demanding payment, with no agreement on the notice period. It is deemed closed, and statutory interest runs from the Commercial and Labour — Volume 9 · Source page ٤٤
  29. Principle 197Opening or owning establishments and offices for the purpose of engaging in trade or practising any craft or profession. The legislature’s regulation thereof by Law 32/1969. Its purpose. To verify that the conditions forCommercial and Labour — Volume 9 · Source page ٤٤
  30. Principle 198The inclusion in the Unified Economic Agreement between the Cooperation Council states of a provision that they agree on implementing rules concerning each state's treatment of nationals of the other Council states in thCommercial and Labour — Volume 9 · Source page ٤٤
  31. Principle 199Issuing a cheque is considered an inherently commercial act in all circumstances. The effect thereof. Entitlement to interest on the debt and the jurisdiction of the Commercial Circuit of the Court of First Instance to hCommercial and Labour — Volume 9 · Source page ٤٤
  32. Principle 200Commercial agency. Its practice is restricted to persons of Kuwaiti nationality. Failure to register it. Its effect. An action concerning it shall not be heard. - 44 - CommercialCommercial and Labour — Volume 9 · Source page ٤٤
  33. Principle 201Agreement on an interest rate for a commercial loan. Permissible provided that it does not exceed the rates announced by the Central Bank. Example.Commercial and Labour — Volume 9 · Source page ٤٥
  34. Principle 202Purchasing goods with the intention of selling them at a profit, activities relating to business agencies, tourism, export and import, activities connected with and facilitating commercial transactions, and what a merchaCommercial and Labour — Volume 9 · Source page ٤٥
  35. Principle 203Commercial acts are those undertaken by a person with the intention of speculation, even if he is not a merchant.Commercial and Labour — Volume 9 · Source page ٤٥
  36. Principle 204Applicability of the provisions of the Commercial Code to all commercial acts performed by any person, even if not a merchant, and contracts concluded by one of their parties in his capacity as a merchant. Example.Commercial and Labour — Volume 9 · Source page ٤٥
  37. Principle 205Merchants’ obligations towards one another relating to their commercial business become time-barred upon the lapse of ten years from the due date.Commercial and Labour — Volume 9 · Source page ٤٥
  38. Principle 206Proof of commercial debts is free from the restrictions imposed by the legislature on other debts. - The sale or purchase of company shares. A commercial act. It may be proved by all legally admissible means of proof.Commercial and Labour — Volume 9 · Source page ٤٥
  39. Principle 207Another person's engaging alone in commerce. Its scope. It is confined to simple crafts or small-scale commerce in which he relies on his labor more than on monetary capital. As an exception to the prohibition preventingCommercial and Labour — Volume 9 · Source page ٤٥
  40. Principle 208Commercial activities and commercial debts. The nature of each. - Awarding statutory interest. Its accrual from the date commercial debts fall due.Commercial and Labour — Volume 9 · Source page ٤٥
  41. Principle 209Prohibition on a non-Kuwaiti engaging in commerce and commercial activities. The reason for this prohibition and its connection with public policy. An agreement to contravene it. Its effect. Absolute nullity. - 45 - CommCommercial and Labour — Volume 9 · Source page ٤٥
  42. Principle 210The prohibition on a non-Kuwaiti engaging in commerce unless he has a Kuwaiti partner. This is the general rule. The exceptions to it: funds he deposits with banks or companies, or agreements he concludes with them to inCommercial and Labour — Volume 9 · Source page ٤٦
  43. Principle 211Prohibition on a non-Kuwaiti engaging in commerce unless he has a Kuwaiti partner holding at least 51% of the capital. Reason for this prohibition. Its connection with public policy. Violation of this prohibition entailsCommercial and Labour — Volume 9 · Source page ٤٦
  44. Principle 212Activities relating to the incorporation of companies and the sale or purchase of their shares or bonds. Commercial activities irrespective of the status or intention of the person undertaking them. - Default interest beCommercial and Labour — Volume 9 · Source page ٤٦
  45. Principle 213Rules of unjust enrichment. Their application to commercial and non-commercial relationships.Commercial and Labour — Volume 9 · Source page ٤٦
  46. Principle 214Depositing funds with banks or companies, investing funds with them, and dealing in foreign currency and precious metals. Permissible for a non-Kuwaiti. Law 45/1989 amending Article 23 of the Commercial Code. The conditiCommercial and Labour — Volume 9 · Source page ٤٦
  47. Principle 215The legislature excepted from the provisions of the Commercial Law funds deposited by a non-Kuwaiti with banks or companies or agreements he concludes with them. The reason for this. Encouraging the banking and financialCommercial and Labour — Volume 9 · Source page ٤٧
  48. Principle 216A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. The determining factor is the borrower's apparent intention at the time of contracting, not the ultimate use of the sums. The apCommercial and Labour — Volume 9 · Source page ٤٧
  49. Principle 217Activities relating to insurance of all types. Commercial activities. Its effect. The provisions of the Commercial Law apply to them.Commercial and Labour — Volume 9 · Source page ٤٧
  50. Principle 220Application of the provisions of the Commercial Law to the administrative authority's obligations arising from an administrative contract whenever it is considered commercial in relation to the other party.Commercial and Labour — Volume 9 · Source page
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