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. - تكييف العقد

    Principle 2295The common intention of the contracting parties is decisive in characterizing the contract. Inferring this intention. Within the power of the court of fact. In doing so, it may assess the evidence and adopt one conclusioCommercial and Labour — Volume 9 · Source page ٣٩٨
  2. Principle 2296The criterion for characterizing the contract and determining whether it is a commission agency or a contract agency is the contracting parties' common intention at the time of contracting. - 398 - CommercialCommercial and Labour — Volume 9 · Source page ٣٩٨
  3. Principle 2298Characterising contracts and applying the law to them falls within the authority of the court of merits under the supervision of the Court of Cassation.Commercial and Labour — Volume 9 · Source page ٣٩٩
  4. Principle 2299The criterion for characterising an employment contract and distinguishing it from other contracts is the element of remuneration and subordination. - The criterion for the existence of a partnership contract is the partCommercial and Labour — Volume 9 · Source page ٣٩٩
  5. Principle 2300The agreement that the first respondent would undertake distribution of the products of the company, her principal, and the automatic renewal of the agreement. A goods distribution contract according to its correct charaCommercial and Labour — Volume 9 · Source page ٣٩٩
  6. Principle 2301Characterization of whether a sale is a sale of a commercial establishment or a sale of some of its nonessential elements. A question of law. Subject to review by the Court of Cassation.Commercial and Labour — Volume 9 · Source page ٣٩٩
  7. Principle 2302Determining whether the contract binding the two parties is a brokerage contract or a partnership contract. A matter of merits. Its basis and condition. - Characterisation of contracts. Its nature: determining the contraCommercial and Labour — Volume 9 · Source page ٣٩٩
  8. Principle 2303Characterising contracts and giving them their correct legal description. The criterion is: the common intention of the contracting parties at the time of their conclusion. The trial court may infer it and the agreement Commercial and Labour — Volume 9 · Source page ٣٩٩

  9. - تفسير العقد

    Principle 2304Interpretation of instruments and contracts. Within the authority of the court of the merits. Condition thereof. - The challenged judgment, upholding the first-instance judgment, concluded that the contract underlying thCommercial and Labour — Volume 9 · Source page ٣٩٩
  10. Principle 2305Interpretation of contracts. Within the authority of the court of merits. It may depart from the apparent meaning of the wording of the contract or condition. The condition therefor: that it state in its judgment the reaCommercial and Labour — Volume 9 · Source page ٤٠٠
  11. Principle 2306Interpreting agreements and instruments to ascertain their true intent. Within the power of the court of fact. It may ascertain the meaning intended by the parties, guided in each action by the circumstances and indicatiCommercial and Labour — Volume 9 · Source page ٤٠٠
  12. Principle 2307Interpretation of contracts to ascertain the contracting parties' intention. Within the trial court's authority. Condition for this.Commercial and Labour — Volume 9 · Source page ٤٠٠
  13. Principle 2308Interpretation of contracts, documents and disputed conditions. Within the authority of the court of merits. The condition therefor.Commercial and Labour — Volume 9 · Source page ٤٠٠
  14. Principle 2309Interpretation of contracts and ascertainment of the contracting parties' common intention. The court of merits independently undertakes it. Condition thereof.Commercial and Labour — Volume 9 · Source page ٤٠٠
  15. Principle 2311Clarity of the wording of an instrument. Its effect. It is impermissible to depart from it by interpreting it. The reason therefor.Commercial and Labour — Volume 9 · Source page ٤٠٠
  16. Principle 2312Ascertaining the true nature of the action from its facts and the evidence submitted therein. Is for the trial judge. He may ascertain the meaning of agreements and stipulations and investigate the common intention of thCommercial and Labour — Volume 9 · Source page ٤٠٠
  17. Principle 2313Interpretation of contracts and documents. A matter of merits. The judgment's reliance, in its ruling, on the apparent meaning of the wording of the discharge. Does not vitiate it. - 400 - CommercialCommercial and Labour — Volume 9 · Source page ٤٠٠
  18. Principle 2314Interpreting contracts and instruments in the manner most faithful to the intention of the parties concerned therein falls within the trial court's authority without review by the Court of Cassation. Condition therefor. Commercial and Labour — Volume 9 · Source page ٤٠١
  19. Principle 2315The trial court's authority to interpret contracts and instruments. The limits thereof. Example of a defective interpretation of a marine insurance policy.Commercial and Labour — Volume 9 · Source page ٤٠١
  20. Principle 2316The insured’s right to compensation. Its forfeiture by agreement or statutory provision. Cases of forfeiture, as an exceptional sanction, may not be interpreted expansively.Commercial and Labour — Volume 9 · Source page ٤٠١
  21. Principle 2317A provision in the insurance policy granting the insurer the right of recourse against the insured for the amount of compensation it has paid if the accident occurs as a result of driving the vehicle at a speed exceedingCommercial and Labour — Volume 9 · Source page ٤٠١
  22. Principle 2318Interpreting and construing contracts and determining what best fulfills the contracting parties’ intention. Within the authority of the trial court. What safeguards its judgment against contravention of the law in this Commercial and Labour — Volume 9 · Source page ٤٠١
  23. Principle 2319The general rule is the contracting parties' freedom to modify the rules of contractual liability. Its criterion. - A provision in the insurance contract that the insurance company shall not be liable for compensation ifCommercial and Labour — Volume 9 · Source page ٤٠١
  24. Principle 2321Interpretation of contracts and disputed conditions. Within the authority of a court of merits. Condition thereof. Example concerning interpretation of an arbitration clause.Commercial and Labour — Volume 9 · Source page ٤٠٢
  25. Principle 2322The court of merits has the power to interpret contracts, ascertain the contracting parties' intention and give them their correct legal characterization without being bound by the descriptions the litigants attach to thCommercial and Labour — Volume 9 · Source page ٤٠٢
  26. Principle 2323Interpretation of contracts and disputed terms is within the authority of the trial court so long as it does not depart from their apparent meaning. Contravention of this vitiates the judgment. An example of a defective Commercial and Labour — Volume 9 · Source page ٤٠٢
  27. Principle 2324The insurer's cover is determined by the insured accidents and risks governed by the terms of the insurance policy. - Interpretation of contracts and disputed terms is within the authority of the court of merits. The conCommercial and Labour — Volume 9 · Source page ٤٠٢
  28. Principle 2325Law 35 of 1978 concerning the leasing of real estate. Excluded from its scope of application are contracts containing essential terms unusual in ordinary leases, or where the purpose thereof is speculation to achieve finCommercial and Labour — Volume 9 · Source page ٤٠٢
  29. Principle 2326The scope of the insurer's coverage is determined by the limits stipulated in the insurance policy and by what is agreed upon therein. The trial court has full authority to ascertain the facts of the action and to interpCommercial and Labour — Volume 9 · Source page ٤٠٢
  30. Principle 2327Suretyship is a gratuitous contract. It must be interpreted narrowly, without extension, and in case of doubt the contract is interpreted in favor of the surety. - 402 - CommercialCommercial and Labour — Volume 9 · Source page ٤٠٢

  31. - صورية العقد

    Principle 2328Interpretation of contracts and instruments to ascertain the intention of their contracting parties and drafters. A matter for the trial court. The condition for this. It is impermissible to depart from the clear wordingCommercial and Labour — Volume 9 · Source page ٤٠٣
  32. Principle 2329A third party may rely on the apparent simulated contract if he is unaware of the existence of the concealed genuine contract. A person contracting with an agent is considered a third party in relation to the agency contCommercial and Labour — Volume 9 · Source page ٤٠٣

  33. - تسجيل العقد

    Principle 2330The creditors of the contracting parties and their particular successors may invoke the true or simulated contract. Simulation may be proved by all means of proof if they choose to give effect to the true contract. ReasoCommercial and Labour — Volume 9 · Source page ٤٠٣

  34. - تنفيذ العقد

    Principle 2331Simulation. Its nature: an agreement between two parties to effect an apparent, unreal transaction concealing the true relationship between them. As between the contracting parties and their universal successors, regard Commercial and Labour — Volume 9 · Source page ٤٠٣
  35. Principle 2332A bilaterally binding contract. The scope of the interconnection between its reciprocal obligations. Performance on one side must be in exchange for performance on the other side. Its implication. They are deemed due forCommercial and Labour — Volume 9 · Source page ٤٠٤
  36. Principle 2333Setting a specific time for formally notifying the debtor to perform his obligation in kind or by compensation in kind or in money. Article 398 of the Commercial Code. It does not concern public policy. Effect. An expresCommercial and Labour — Volume 9 · Source page ٤٠٤
  37. Principle 2334The contract must be performed in accordance with its contents and consistently with good faith. The obligor's right to withhold performance so long as the creditor has not performed his corresponding obligation. ExampleCommercial and Labour — Volume 9 · Source page ٤٠٤
  38. Principle 2335The interconnection of performance of reciprocal obligations by way of reciprocity and set-off. Effect thereof. A contracting party may plead non-performance of his obligation if the other contracting party defaults on hCommercial and Labour — Volume 9 · Source page ٤٠٤
  39. Principle 2336Reciprocal contractual obligations. Their performance is linked reciprocally.Commercial and Labour — Volume 9 · Source page ٤٠٤
  40. Principle 2337The obligation to perform something under the former Commercial Code. The condition for refraining from performing it. A ruling that a contracting party's temporary delay in performing the obligation because the other coCommercial and Labour — Volume 9 · Source page ٤٠٤
  41. Principle 2338The rule is performance of the obligation in kind. The debtor's offer to perform his obligation in kind. Its effect. The creditor may not refuse it while insisting upon compensation. The reason for this.Commercial and Labour — Volume 9 · Source page ٤٠٤
  42. Principle 2339The occurrence of an exceptional general calamity that was not contemplated and could not have been foreseen when contracting, and which renders performance of the obligation—although still possible—severely onerous for Commercial and Labour — Volume 9 · Source page ٤٠٤
  43. Principle 2340The obligation to perform the contract in accordance with the requirements of good faith and honorable dealing. - The contractor's obligation is an obligation to achieve a result. His failure to deliver the work in full Commercial and Labour — Volume 9 · Source page ٤٠٤
  44. Principle 2341The obligation to perform the contract in accordance with the provisions it contains and consistently with good faith. And honourable dealing.Commercial and Labour — Volume 9 · Source page ٤٠٥
  45. Principle 2342Unforeseen event. Its meaning. Its scope. Its conditions. Its effect on suspension of performance of contracts. Example concerning the Iraqi invasion as an unforeseen event and its effect on invoking the cancellation of Commercial and Labour — Volume 9 · Source page
  46. Principle 2343The shipowner is responsible for the contractual obligations he enters into himself or through his agent in relation to the ship or the maritime consignment.Commercial and Labour — Volume 9 · Source page
  47. Principle 2344The debtor's failure to perform his contractual obligation. A fault giving rise to his liability. His proof that non-performance is attributable to force majeure, an external cause in which he had no part, or the other cCommercial and Labour — Volume 9 · Source page
  48. Principle 2345Contractual liability and tortious liability. The legislature has assigned each its own provisions, independent legal regime and defined scope for its provisions. The implication thereof. The existence of a contractual rCommercial and Labour — Volume 9 · Source page
  49. Principle 2346Claiming compensation for delay in performing the works within the agreed period pursuant to the agreed penalty clause. Is incompatible with claiming interest for delay in paying the compensation awarded by the judgment Commercial and Labour — Volume 9 · Source page
  50. Principle 2347Prohibition on a non-Kuwaiti engaging in trade except with a Kuwaiti partner or partners holding at least 51% of the total capital. It is immaterial whether the non-Kuwaiti engages personally or by investing behind anothCommercial and Labour — Volume 9 · Source page
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