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. - بطلان الإقرار

    Principle 2778Release is a pure donation on the creditor's part. - The cause of a donation is the donative intent motivated by affection, compassion or benevolence. Absence of this intent on the part of an injured person towards the iCommercial and Labour — Volume 9 · Source page ٤٧٦
  2. Principle 2780Acknowledgment. Condition for its validity. Its subject matter must be lawful and capable of being dealt in. Its contravention of public policy. Its effect. It is void and may be retracted.Commercial and Labour — Volume 9 · Source page ٤٧٧

  3. - بطلان القرار الإداري وانعدامه

    Principle 2781The appellant's contention that his indebtedness established by his notarized acknowledgment includes usurious interest calculated on his principal debt at a rate exceeding that prescribed by law, thereby invalidating thCommercial and Labour — Volume 9 · Source page ٤٧٧

  4. - بطلان التراخيص

    Principle 2783Prohibition on issuing licences to open and own commercial establishments to non-Kuwaitis. The owner of the capital or the person responsible for its management must be Kuwaiti. The reason for this. Contravention of thisCommercial and Labour — Volume 9 · Source page ٤٧٧
  5. Principle 2784Licensing the opening or ownership of an establishment or office for the purpose of engaging in trade or practising a profession and craft. Its condition is that the licensee be a Kuwaiti owning the establishment's capitCommercial and Labour — Volume 9 · Source page ٤٧٧
  6. Principle 2785Opening and owning commercial premises, issuing licences for them. Its condition. The licence applicant must be Kuwaiti or a partner holding not less than 51% of the capital. Contravention thereof. Its effect. Absolute nCommercial and Labour — Volume 9 · Source page ٤٧٧

  7. - بطلان التصرفات والعقود

    Principle 2786Subjecting the pharmacy profession and the opening of pharmacies to governmental regulatory supervision. The legislature's intention thereby. Excluding those who do not satisfy the requisite conditions in this field and Commercial and Labour — Volume 9 · Source page ٤٧٨
  8. Principle 2787The memorandum of association of a limited liability company and its amendment. Must be embodied in an official instrument. Contravention thereof. Its effect. Its nullity.Commercial and Labour — Volume 9 · Source page ٤٧٨
  9. Principle 2788Which conditions contained in an insurance contract may be annulled. Confined to unfair conditions that contradict the essence of the contract. Rationale therefor.Commercial and Labour — Volume 9 · Source page ٤٧٨
  10. Principle 2789A contract concluded by an agent on behalf of the principal beyond what the agency authorizes. Its voidability in favour of the latter alone. Ratification of the contract by the principal. Its effect.Commercial and Labour — Volume 9 · Source page ٤٧٨
  11. Principle 2790An agreement exempting the sea carrier from liability for loss of or damage to goods arising from its fault, negligence, or default in loading, assembling, stowing, transporting, preserving, caring for, and unloading theCommercial and Labour — Volume 9 · Source page ٤٧٨
  12. Principle 2791The agent invoking the nullity of his act for exceeding the limits of the agency. Impermissible. Reason therefor.Commercial and Labour — Volume 9 · Source page ٤٧٨
  13. Principle 2792The provisions contained in Law 42 of 1984 concerning overlooking the invalidity of transactions in shares of joint-stock companies carried out in contravention of Articles 106/1, 109 of Law No. 15 of 1961 are matters ofCommercial and Labour — Volume 9 · Source page ٤٧٨
  14. Principle 2793Nullity extinguishes the contract with effect dating back to the time of its conclusion. The effect thereof. - 478 - CommercialCommercial and Labour — Volume 9 · Source page ٤٧٨
  15. Principle 2794Absence of cause. Its effect. Absolute nullity of the disposition. - The cause of a release is donative intent. The existence of this intent on the part of an injured person towards the insurance company is inconceivableCommercial and Labour — Volume 9 · Source page ٤٧٩
  16. Principle 2796A cheque is not invalidated by the absence or insufficiency of funds to cover it. The payee's receipt of the value of the cheque. Taking what is due to him. Its import. He may not be required to make restitution.Commercial and Labour — Volume 9 · Source page ٤٧٩
  17. Principle 2799Form is not an essential element of a contract unless the law or the contracting parties require it. This applies to agreements connected with the contract, whether preceding or subsequent. Failure to observe the form. ICommercial and Labour — Volume 9 · Source page ٤٧٩
  18. Principle 2800Nullity of the contract. Its effect. Any interested person may invoke it, and the court must declare it of its own motion. The rationale therefor. Example concerning nullity of a contract for failure to embody it in an oCommercial and Labour — Volume 9 · Source page ٤٧٩
  19. Principle 2801The formal contract. Any amendment thereto is valid only if this form is observed. This relates to public policy. The effect of absence of form. Nonexistence of the contract or its amendment. Every interested person may Commercial and Labour — Volume 9 · Source page ٤٧٩
  20. Principle 2803Brokerage is a commercial activity. Its conduct by a non-Kuwaiti. Impermissible. A brokerage contract in which the broker is a non-Kuwaiti. Absolutely void as a matter of public policy. It cannot constitute a basis for eCommercial and Labour — Volume 9 · Source page ٤٧٩
  21. Principle 2804A rule relating to public policy. Sanction for its violation. Absolute nullity. Effect of absolute nullity. - The cause of a contract is one of its essential elements. An obligation under a contract without cause or withCommercial and Labour — Volume 9 · Source page ٤٨٠
  22. Principle 2805Prohibition on a non-Kuwaiti engaging in commerce in Kuwait alone and for their own account. The sanction for violating this prohibition. Absolute nullity. The judgment's disregard thereof. An error requiring its cassatiCommercial and Labour — Volume 9 · Source page ٤٨٠
  23. Principle 2806Dispositions of shares in joint-stock companies made in violation of Article 109 of the Commercial Companies Law. Overlooking their nullity. Law 42/1984. The legislature’s intention thereby.Commercial and Labour — Volume 9 · Source page ٤٨٠
  24. Principle 2808Shares and securities of companies. Regulation of their trading pertains to public policy. Violation thereof. Its effect. Absolute nullity of the transaction. Example.Commercial and Labour — Volume 9 · Source page ٤٨٠
  25. Principle 2809Unfair terms inconsistent with the essence of the insurance contract. May be invalidated.Commercial and Labour — Volume 9 · Source page ٤٨٠
  26. Principle 2810Leasing a commercial establishment and its management to a non-Kuwaiti. Impermissible. This pertains to public order. Effect of contravention. Absolute nullity. Example.Commercial and Labour — Volume 9 · Source page ٤٨٠
  27. Principle 2811Sale of a commercial establishment. A formal contract. Official form. An essential element thereof. Absence of official form: its effect. Absolute nullity of the contract, relating to public policy.Commercial and Labour — Volume 9 · Source page ٤٨٠
  28. Principle 2813The brokerage profession. The condition for practising it. Entry in the register maintained for that purpose at the Ministry of Commerce and obtaining - 480 - Commercial a licence therefor. Contravention thereof does notCommercial and Labour — Volume 9 · Source page ٤٨٠
  29. Principle 2814Invoking against the insured conditions concerning nullity, forfeiture or arbitration. Its condition. Their conspicuous presentation in a distinctive manner.Commercial and Labour — Volume 9 · Source page ٤٨١
  30. Principle 2815Engaging in trade in Kuwait is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. The exception. Practising a simple craft or small-scale trade in which reliance Commercial and Labour — Volume 9 · Source page ٤٨١
  31. Principle 2816The nullity of a contract concluded by a non-Kuwaiti to engage in trade in Kuwait does not prevent him from claiming his rights on a basis other than the contract. An example of a claim for equivalent performance on the Commercial and Labour — Volume 9 · Source page ٤٨١
  32. Principle 2817Prohibition 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 ٤٨١
  33. Principle 2819The legislature exempted from the provisions of the Commercial Code funds deposited by a non-Kuwaiti with banks or companies or agreements concluded by him with them. The reason therefor. Encouraging the banking and finaCommercial and Labour — Volume 9 · Source page ٤٨١
  34. Principle 2820Nullity or annulment of the contract. Its import. Extinction of the contract from its conclusion. The effect thereof. Restoration of the contracting parties to their positions before the contract. Impossibility thereof pCommercial and Labour — Volume 9 · Source page ٤٨٢
  35. Principle 2821Nullity of a commercial contract because a non-Kuwaiti is prohibited from engaging in commerce. He may base his claim for his rights on unjust enrichment.Commercial and Labour — Volume 9 · Source page ٤٨٢
  36. Principle 2822It is permissible to agree in a sale contract that the seller retains ownership of the thing sold until the full price is paid. Article 464, Civil Code; Articles 137/1, 138, Commercial Code. Absolute nullity of that condCommercial and Labour — Volume 9 · Source page ٤٨٢
  37. Principle 2823Limitation of actions asserting rights upon the lapse of fifteen years. Article 438, Civil Code. An action for nullity of a contract becomes time-barred after the same period from the date of the contract. Article 186/3,Commercial and Labour — Volume 9 · Source page ٤٨٢
  38. Principle 2824Nullity of a contract. Its effect. Restoration of the contracting parties to their position at the time of the contract. Impossibility thereof. Its implication. The judge may order equivalent performance. The reason therCommercial and Labour — Volume 9 · Source page ٤٨٢
  39. Principle 2825The court of merits must adhere to the parties’ claims and their legal grounds. The consequence thereof: it may not change the cause of action of its own motion. Example concerning the nullity of a contract undertaken byCommercial and Labour — Volume 9 · Source page ٤٨٢
  40. Principle 2826Nullity of the commercial contract concluded by a non-Kuwaiti in violation of the prescribed prohibition. Its nullity does not affect the claiming of the non-Kuwaiti's rights on another legal basis, even on appeal. - EquCommercial and Labour — Volume 9 · Source page ٤٨٢
  41. Principle 2827A change in the currency exchange rate, upward or downward, at the time of payment from that at the time of the agreement fixing its amount. Effect thereof. The debtor’s obligation remains for the same amount specified iCommercial and Labour — Volume 9 · Source page ٤٨٢
  42. Principle 2828Engaging in commerce within Kuwait is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the total capital. Contravention of this prohibition. Its effect. - 482Commercial and Labour — Volume 9 · Source page ٤٨٢
  43. Principle 2829The commercial nature of an activity. Its ascertainment. Is independently determined by the court of merits without review thereof. The condition for that. - Nullity of a contract for contravening a rule relating to publCommercial and Labour — Volume 9 · Source page ٤٨٣
  44. Principle 2830The rule that the effect of nullity does not extend to the past in contracts of successive performance such as leases. Exceptions thereto. Where the subject matter of the contract is prohibited for contravening public poCommercial and Labour — Volume 9 · Source page ٤٨٣
  45. Principle 2831A non-Kuwaiti engaging in commerce alone. Its effect. Nullity of the contract. The necessary consequence thereof. Restoration of the contracting parties to their position at the time of the contract. Impossibility thereoCommercial and Labour — Volume 9 · Source page
  46. Principle 2834The general rule is that a non-Kuwaiti may not engage in trade individually in Kuwait. The exception. He may invest his funds deposited in banks and companies. The condition thereof. It must fall within their objects. ApCommercial and Labour — Volume 9 · Source page
  47. Principle 2835An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, only within the limits of what has been appealed. A new ground may be added while the original claim remains unchanged. Commercial and Labour — Volume 9 · Source page
  48. Principle 2841The permissibility of declaring a de facto company bankrupt. The impermissibility of giving retroactive effect to its nullity. The implication thereof.Commercial and Labour — Volume 9 · Source page
  49. Principle 2843Management of individuals’ accounts, pledging, and lending. Banking activities which exchange companies may not practise. Every agreement thereon is absolutely void on grounds of public policy and the contract is extinguCommercial and Labour — Volume 9 · Source page
  50. Principle 2844The sale of a business is concluded only by an official instrument. Failure to meet this requirement. Its effect. Nullity. - Jurisdiction to examine a plea of nullity of the contract in which arbitration was agreed lies Commercial and Labour — Volume 9 · Source page
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