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. - عقد النقل

    Principle 2637The contract of carriage imposes on the carrier the obligation to deliver the goods sound and complete, in the described condition in which they were handed over to it, at the port of destination. If they sustain damage,Commercial and Labour — Volume 9 · Source page ٤٥٣
  2. Principle 2638Under the contract of carriage, the sea carrier is obliged to transport the goods from the port of shipment, in the condition in which they were delivered to it, to the consignee at the port of destination within the stiCommercial and Labour — Volume 9 · Source page ٤٥٣
  3. Principle 2640Contract of carriage. Its nature. It need not be in writing for its formation and proof. The court of fact may infer its existence from the papers and documents. - The contract of carriage imposes on the carrier an obligCommercial and Labour — Volume 9 · Source page ٤٥٣
  4. Principle 2641Contract of carriage. The carrier's obligation under it is an obligation to achieve a result: transporting the thing and delivering it intact to the consignee. Consequence. The carrier's liability continues until actual Commercial and Labour — Volume 9 · Source page ٤٥٣
  5. Principle 2642Actions arising from a contract of carriage by sea. Their extinction upon the lapse of one year from the date of delivery of the goods or the date on which delivery should have taken place. Interruption of the running ofCommercial and Labour — Volume 9 · Source page ٤٥٣

  6. - عقد نقل الأشخاص

    Principle 2643The maritime carrier. Its obligation under the contract of carriage to transport the goods from the port of shipment, in the condition in which they were handed over, to the consignee at the port of arrival within the spCommercial and Labour — Volume 9 · Source page ٤٥٤
  7. Principle 2644Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve a result. Its import. It is sufficient for the passenger to prove that he was injured during peCommercial and Labour — Volume 9 · Source page ٤٥٤

  8. - عقد الوديعة

    Principle 2645The defendant in a liability action proving, despite having committed a fault, that his fault did not contribute to causing the damage, which instead occurred due to an extraneous cause beyond his control. Its effect. SeCommercial and Labour — Volume 9 · Source page ٤٥٤
  9. Principle 2648A deposit of money. An irregular deposit unless there is evidence to the contrary. Its difference from a deposit of valuables as regards ownership and its transfer. The effect thereof. The depositary's obligation to retuCommercial and Labour — Volume 9 · Source page ٤٥٤

  10. - عقد الوكالة

    Principle 2649The challenged judgment's conclusion that the compensation action is based on the depositary's breach of the obligation to return the deposit upon formal demand. Its subsequent declining to examine the three-year limitatCommercial and Labour — Volume 9 · Source page ٤٥٥
  11. Principle 2652Agency is a contract whereby the principal personally appoints another in his place to undertake a legal act. Its effect. The effects of a contract concluded by the agent with a third party within the limits of his agencCommercial and Labour — Volume 9 · Source page ٤٥٥
  12. Principle 2654The legislature's regulation of a particular subject. Its necessary consequence. No recourse to the general rules concerning it. The exception. - The special regulation of commercial contract agency includes a provision Commercial and Labour — Volume 9 · Source page ٤٥٥
  13. Principle 2656In a contracts agency, the principal has the right to terminate the contract at any time, and the agent has only the right to compensation if it is established that he suffered harm as a result of his dismissal.Commercial and Labour — Volume 9 · Source page ٤٥٦
  14. Principle 2659The general 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. Basis for this. Articles 277, 278 of Commercial and Labour — Volume 9 · Source page ٤٥٦
  15. Principle 2660The general rule in agency, whether general or special. The agent's capacity is confined to carrying out the acts specified therein. Its inclusion of what its implementation requires. The judgment's failure to ascertain Commercial and Labour — Volume 9 · Source page ٤٥٦
  16. Principle 2661The agent's performance of the agency. Its implication. He must provide the principal with a detailed account and is not exempt from doing so unless the principal expressly exempts him or the nature of the transaction orCommercial and Labour — Volume 9 · Source page ٤٥٦

  17. -عقد الوكالة بالعمولة

    Principle 2662Termination of the agency upon the death of either of its parties. Is not a matter of public policy. Its import: it is permissible to agree that the heirs substitute for the agent in the event of his death. - The appellaCommercial and Labour — Volume 9 · Source page ٤٥٦
  18. Principle 2663Commission 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 person to a specified destination inCommercial and Labour — Volume 9 · Source page ٤٥٧

  19. -عقد استغلال القسائم المملوكة للدولة

    Principle 2664Commission agency and contract agency. Their nature and the distinction between them. - Characterising a contract, determining whether it is a commission agency or a contract agency, and determining the rights of its parCommercial and Labour — Volume 9 · Source page ٤٥٧

  20. -عقد استخدام بطاقة الصرف الآلي

    Principle 2665State-owned industrial plots. They are not considered public property. The reason thereof. Their lack of the element of dedication to public benefit. Their classification as the State's private property. The consequence Commercial and Labour — Volume 9 · Source page ٤٥٧

  21. - عقد تجديد الالتزام

    Principle 2666The appellant bank’s contention that its relationship with the respondent is a contractual relationship governed by the automated teller card use contract, and that the contract provides that the bank is not obliged to sCommercial and Labour — Volume 9 · Source page ٤٥٧

  22. - بطلان العقد وانعدامه

    Principle 2667Novation of an obligation. A contract in which the intention to novate must be express or at least clear, leaving no room for doubt. - Nullity and nonexistence of the contract:-Commercial and Labour — Volume 9 · Source page ٤٥٨
  23. Principle 2668A voidable contract, before a judgment declaring its nullity, is in the same position as a valid contract. Its implication. It has full legal existence at this stage and produces all the legal effects that would arise frCommercial and Labour — Volume 9 · Source page ٤٥٨
  24. Principle 2670Absolute nullity of the contract. Its effect. Restoration of the situation to what it was before contracting.Commercial and Labour — Volume 9 · Source page ٤٥٨
  25. Principle 2671The unlawfulness of the subject matter or cause of an obligation, or its contravention of public policy or morals. Its effect. Nullity of the contract creating it. An agreement whose subject matter is making efforts withCommercial and Labour — Volume 9 · Source page ٤٥٨
  26. Principle 2672Nullity of the contract. Its effect. Any interested person may invoke its nullity. The court must rule it void of its own motion. The reason for this. Giving effect to a void contract is incompatible with public policy. Commercial and Labour — Volume 9 · Source page ٤٥٨
  27. Principle 2673The legislature's imposition of a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Failure to observe the formality. Its effect. Non-existence of the contract orCommercial and Labour — Volume 9 · Source page ٤٥٨
  28. Principle 2678Nullity or annulment of the contract. Its import. Extinction of its effects, restoration of the situation to what it was before contracting, and recovery by each contracting party of what he gave. - Impossibility of restCommercial and Labour — Volume 9 · Source page ٤٥٩
  29. Principle 2679Regulation of the licensing, opening, and ownership of commercial premises by Law No. 32 of 1966. Their connection with public policy. The reason thereof. The effect of contravening it. - A contract concluded in contraveCommercial and Labour — Volume 9 · Source page ٤٥٩
  30. Principle 2680Prohibition on a non-Kuwaiti engaging in trade and commercial activities. The reason for this danger. Its connection with public policy. Agreement to contravene it. Its effect. Absolute nullity. - A void contract cannot Commercial and Labour — Volume 9 · Source page ٤٥٩
  31. Principle 2683Nullity or annulment of a contract. Its implication. Elimination of the contract from the time of its conclusion. Effect thereof. Restoring the contracting parties to their pre-contractual position. Impossibility of thisCommercial and Labour — Volume 9 · Source page ٤٦٠
  32. Principle 2685Nullity of the commercial contract owing to the prohibition on a non-Kuwaiti engaging in trade. He may base his claim to his rights on unjust enrichment.Commercial and Labour — Volume 9 · Source page ٤٦٠
  33. Principle 2686Actions concerning personal rights are time-barred upon the lapse of fifteen years. Article 348 Civil Code. An action for nullity of a contract is barred by the same period from the date of the contract. Article 186/3 CiCommercial and Labour — Volume 9 · Source page ٤٦٠
  34. Principle 2687The legislature's imposition of a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Failure to observe the formality. Its effect. Non-existence of the contract orCommercial and Labour — Volume 9 · Source page ٤٦٠
  35. Principle 2688The trial court must adhere to the litigants' claims and their legal basis. The implication thereof: it may not change the cause of action of its own motion. Example concerning the nullity of a contract because it was unCommercial and Labour — Volume 9 · Source page ٤٦٠
  36. Principle 2689Payment in foreign currency is permissible, whether at the conclusion of the contract or upon its performance. Article 174 of the Civil Code. Issuance of an Amiri Order on 3/7/1990 contradicting this. It has no effect onCommercial and Labour — Volume 9 · Source page ٤٦١
  37. Principle 2690Rules concerning the opening or ownership of an establishment or office for the purpose of engaging in trade or practising a profession or craft. Obtaining a licence from the Ministry of Commerce and Industry. Its conditCommercial and Labour — Volume 9 · Source page ٤٦١
  38. Principle 2691Prohibition on a non-Kuwaiti engaging in trade except with a Kuwaiti partner or partners holding at least 51% of the total capital. The legislature's purpose in this prohibition. Protecting local trade and safeguarding nCommercial and Labour — Volume 9 · Source page ٤٦١
  39. Principle 2693Engaging in commerce within Kuwait. Prohibited for a non-Kuwaiti unless they have a Kuwaiti partner or partners whose capital is not less than 51% of the total capital. Violation of this danger. Its effect.Commercial and Labour — Volume 9 · Source page ٤٦١
  40. Principle 2694Kuwaiti natural or legal persons’ reliance on the provisions of legislation of a state other than the State of Kuwait. Impermissible. The Amiri Order of 3/8/1990 concerning payment in a foreign currency during the periodCommercial and Labour — Volume 9 · Source page ٤٦١
  41. Principle 2698A non-Kuwaiti's engagement in commercial activities on his own. Prohibited. Nullity of the contract providing for this. Example.Commercial and Labour — Volume 9 · Source page ٤٦٢
  42. Principle 2699A non-Kuwaiti engaging in commerce individually. Impermissible unless the non-Kuwaiti has a Kuwaiti partner or partners whose capital is not less than 51% of the capital of the jointly owned business. The purpose of thisCommercial and Labour — Volume 9 · Source page ٤٦٢
  43. Principle 2700The nullity of a contract that is void on grounds relating to public policy is deemed to be before the Court of Appeal upon appeal against a judgment imposing upon one litigant an obligation arising from it, even if the Commercial and Labour — Volume 9 · Source page ٤٦٢
  44. Principle 2701Ruling that a contract is valid and enforceable when a final judgment has ruled it absolutely void. A contravention of the law, an error in its application and unsound reasoning necessitating its cassation. This is not aCommercial and Labour — Volume 9 · Source page ٤٦٢
  45. Principle 2702The nullity of a commercial contract concluded by a non-Kuwaiti does not preclude claiming the right on another legal basis, such as unjust enrichment. The basis thereof. Article 187 of the Civil Code. The judgment's adhCommercial and Labour — Volume 9 · Source page
  46. Principle 2703The prohibition concerning the impermissibility of a non-Kuwaiti engaging in trade in Kuwait. Its objective: protecting local trade and safeguarding national commercial activity. This is considered a mandatory rule of puCommercial and Labour — Volume 9 · Source page
  47. Principle 2704A contract's contravention of a rule relating to public policy. Its sanction is absolute nullity. Example of the nullity of an investment contract in which the two partners contravened those rules.Commercial and Labour — Volume 9 · Source page
  48. Principle 2705Nullity means non-existence. - Giving effect to a void contract lacking its essential elements is contrary to public policy. - A judgment declaring a company void leaves behind a de facto company to be liquidated accordiCommercial and Labour — Volume 9 · Source page
  49. Principle 2707The nullity of a contract concluded by a non-Kuwaiti owing to the prohibition contained in the Commercial Code does not preclude him from claiming his rights on another legal basis. - The grounds may be changed while theCommercial and Labour — Volume 9 · Source page
  50. Principle 2708The nullity of a contract concluded by a non-Kuwaiti for violating the prohibition contained in the Commercial Code or any other legislation. Its implication is the restoration of everything to its original state and theCommercial and Labour — Volume 9 · Source page
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