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 التصرفات والعقود

    Principle 2847The bankruptcy court is not a court of merits with respect to challenges concerning the validity, nullity, or forgery of the documents presented to it. The effect thereof: its judgment has no res judicata effect concerniCommercial and Labour — Volume 9 · Source page ٤٨٥
  2. Principle 2848Nullity of every condition in an employment contract that contravenes its provisions. - It is impermissible to deduct more than 10% of the worker’s wage to discharge debts or loans owed to the employer. The employer receCommercial and Labour — Volume 9 · Source page ٤٨٥
  3. Principle 2849The nullity of a contract concluded by a non-Kuwaiti pursuant to the prohibition contained in the Commercial Code does not preclude him from claiming his rights on another legal basis. - Permissibility of changing the caCommercial and Labour — Volume 9 · Source page ٤٨٥
  4. Principle 2853A request for rescission of a contract. Its conditions. Failure by one party to perform its obligation and that the request concern a valid contract. - Sale of a business. Its condition. That it be effected by an officiaCommercial and Labour — Volume 9 · Source page ٤٨٦
  5. Principle 2854It is impermissible to open or own any establishment or office for the purpose of engaging in trade without first obtaining a licence therefor. The licence is issued only to a person of Kuwaiti nationality who owns the eCommercial and Labour — Volume 9 · Source page ٤٨٦
  6. Principle 2856The Central Bank of Kuwait may lend to banks or public financial or credit institutions, but not private ones. Its lending to a private institution. Void and produces no effect. - 486 - CommercialCommercial and Labour — Volume 9 · Source page ٤٨٦
  7. Principle 2858Insurance against damage is void if it is based on a legitimate economic interest. Necessary consequence. Insurance against risks not recognized by law is impermissible. Example concerning the nullity of insurance againsCommercial and Labour — Volume 9 · Source page ٤٨٧
  8. Principle 2859The legislature’s prescription of a particular form for a contract. Its significance. It is not valid unless that form is fulfilled. The reason therefor and its connection with public policy. Absence. Its effect. Non-exiCommercial and Labour — Volume 9 · Source page ٤٨٧
  9. Principle 2860Invoking against the insured the terms relating to nullity, forfeiture or arbitration contained in the insurance policy. Its condition. Displaying them in a distinctive manner. Ascertaining that. A matter of fact.Commercial and Labour — Volume 9 · Source page ٤٨٧
  10. Principle 2865The legislature's prescription of a particular form for a contract. Its validity is contingent upon compliance with that form. Introduction of an amendment to it. That form must be complied with. Reason for this: it is aCommercial and Labour — Volume 9 · Source page ٤٨٨

  11. - بطلان الوفاء

    Principle 2868Engaging in commerce is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the Gulf CooperatCommercial and Labour — Volume 9 · Source page ٤٨٨
  12. Principle 2869The insurer's deposit of average expenses under the influence of the claim that they were being provided in response to the carrier's agent's order and pursuant to the terms of the contract of carriage. Establishment thaCommercial and Labour — Volume 9 · Source page ٤٨٩

  13. - بطلان التزام الكفيل

    Principle 2870Payment in foreign currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174, Civil Code. Issuance of an Amiri Order on 3/8/1990. It has no effect on the permissibility of agreCommercial and Labour — Volume 9 · Source page ٤٨٩

  14. - بطلان الشركة

    Principle 2871Suretyship. Its condition. The existence of a guaranteed obligation owed by the principal debtor and the existence of a contract between the surety and the creditor creating an obligation on the debtor to perform the oriCommercial and Labour — Volume 9 · Source page ٤٨٩
  15. Principle 2872A limited liability company. Its incorporation and the assignment of partners’ interests therein. Requirement of authentic form. Applicability of this rule to the final contract or preliminary agreement. Absence of autheCommercial and Labour — Volume 9 · Source page ٤٨٩
  16. Principle 2873Assignment of a partner's share in a limited liability company. An authentic instrument. Its nullity for lack of the authentic form.Commercial and Labour — Volume 9 · Source page ٤٨٩
  17. Principle 2874Formation and amendment of a limited liability company. The requirement that it be embodied in an official instrument. Contravention thereof. Its sanction is absolute nullity.Commercial and Labour — Volume 9 · Source page ٤٨٩
  18. Principle 2875The legislature's prescription of a particular form for a contract or its amendment. Pursuit of a public interest connected with public policy. Absence of the formality. Its effect. Nonexistence of the contract or amendmCommercial and Labour — Volume 9 · Source page ٤٨٩
  19. Principle 2876A requirement of formality in a contract. Its import. It must be satisfied in a contract promising to conclude it and in subsequent agreements modifying its effects, unless the law provides otherwise or the nature of theCommercial and Labour — Volume 9 · Source page ٤٩٠
  20. Principle 2878Form in certain contracts: its function. Failure to observe it. Its effect. The general rule is absolute nullity; the exception. What the law prescribes to address an abnormal situation or to ensure stability of transactCommercial and Labour — Volume 9 · Source page ٤٩٠
  21. Principle 2879The doctrine of de facto companies. Its justifications. The implication of adopting it. Considering the company valid from its establishment until the judgment declaring its nullity. The reason therefor. - The existence Commercial and Labour — Volume 9 · Source page ٤٩٠
  22. Principle 2882Insurance and banking activities and investment of funds for the account of others. A limited liability company is prohibited from undertaking them. This prohibition concerns public policy. Consequence of contravention. Commercial and Labour — Volume 9 · Source page ٤٩١

  23. - بطلان الاتفاق على الفوائد في الديون المدنية

    Principle 2884Entitlement to default interest, whether statutory or contractual, is conditional upon the debt which the debtor delayed paying arising from a commercial obligation or commercial act. A civil obligation does not bear defCommercial and Labour — Volume 9 · Source page ٤٩١
  24. Principle 2886Entitlement to default interest, whether statutory or agreed. Its criterion. The debt whose payment the debtor delayed must arise from a commercial obligation or act. Absence thereof. Its effect. Claiming interest on it Commercial and Labour — Volume 9 · Source page ٤٩١

  25. - بطلان الطعن

    Principle 2887Entitlement to default interest on a debt. Its criterion. That the debt arises from a commercial obligation or a commercial act. The debt being civil. Its effect. Claiming interest on it is prohibited as constituting usuCommercial and Labour — Volume 9 · Source page ٤٩١
  26. Principle 2888A sole proprietorship is not a legal person. An appeal brought by it without coupling its name with its owner's name or disclosing the owner in the petition. Its effect. Nullity of the petition and, consequently, nullityCommercial and Labour — Volume 9 · Source page ٤٩٢
  27. Principle 2889The petition for an appeal in cassation brought by a public institution. It must be signed by a member of the Department of Legal Advice and Legislation. This concerns public policy. Contravention thereof. Its effect. InCommercial and Labour — Volume 9 · Source page ٤٩٢

  28. - بطلان الحجز

    Principle 2890Issuance of a judgment declaring bankruptcy. Its effect. Divestiture of the bankrupt, from its date, of the management of all his assets, whether related to his trade or not. The reason for this. This includes assets devCommercial and Labour — Volume 9 · Source page ٤٩٢
  29. Principle 2891Attachment [source word defective]. Condition for authorization to impose it. The debtor's ownership of the property sought to be attached. Contravention thereof. Its effect. Invalidity of the attachment.Commercial and Labour — Volume 9 · Source page ٤٩٢

  30. - بطلان الأوراق التجارية

    Principle 2892Limited liability company. Its financial patrimony is independent of that of its partners. Consequence thereof. The manager representing it has his own personal financial patrimony independent of it, and his liability foCommercial and Labour — Volume 9 · Source page ٤٩٢

  31. - ما لا يرقى لمرتبة البطلان

    Principle 2893Omission from a bill of exchange of a statement of its place of drawing. Does not entail its nullity. It is deemed drawn at the place indicated beside the drawer's name. - What does not amount to nullity:-Commercial and Labour — Volume 9 · Source page ٤٩٣
  32. Principle 2894Assignment by the holder of a commercial premises licence to another person of Kuwaiti nationality. No violation of public policy and no nullity.Commercial and Labour — Volume 9 · Source page ٤٩٣
  33. Principle 2895A Kuwaiti’s assignment of his commercial premises licence 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 in his naCommercial and Labour — Volume 9 · Source page ٤٩٣

  34. - قاعدة عدم انسحاب أثر البطلان على الماضي والاستثناء

    Principle 2897A financial irregularity in performing a procedural act. Does not entail the invalidity of the act unless the law provides for its invalidity. - Failure to pay the court fee due in advance. Does not entail invalidity. RaCommercial and Labour — Volume 9 · Source page ٤٩٣
  35. Principle 2900Ownership of real property by a foreigner. Impermissible. An Arab belonging by nationality to an Arab country. His ownership of real property. Permissible. The condition therefor. Issuance of a decree granting him this rCommercial and Labour — Volume 9 · Source page ٤٩٤
  36. Principle 2902Nullity of a commercial contract concluded by a non-Kuwaiti in violation of the statutory prohibition preventing him from engaging in commerce in Kuwait does not prevent him from claiming his rights on another legal basiCommercial and Labour — Volume 9 · Source page ٤٩٤

  37. - إجازة البطلان

    Principle 2903Impossibility of restitution in kind by one of the contracting parties upon the invalidity of the contract. Permissibility of requiring that party to render an equivalent. - An award of an equivalent upon the invalidity Commercial and Labour — Volume 9 · Source page ٤٩٤

  38. - البطلان والتجزئة

    Principle 2905Implied ratification of a voidable contract occurs through its performance by the person entitled to invoke invalidity, through that person performing a material act indicating waiver of invoking it, or through conduct iCommercial and Labour — Volume 9 · Source page ٤٩٤

  39. - حق التمسك بالبطلان

    Principle 2906The general rule is that a settlement is indivisible. The consequence thereof. The invalidity or annulment of part of the settlement entails the invalidity of the entire contract or its invalidity. Its condition. That neCommercial and Labour — Volume 9 · Source page ٤٩٥

  40. - سقوط دعوى البطلان

    Principle 2907Invalidity may be invoked only by the person for whose benefit it was prescribed, not by the person who caused it. Meaning thereof. - Lapse of the action for invalidity:-Commercial and Labour — Volume 9 · Source page ٤٩٥
  41. Principle 2908An action for nullity is time-barred upon the lapse of fifteen years from the date of the contract. Article 186/3 of the Civil Code. No grounds for invoking this where nullity is asserted by way of defence. It concerns tCommercial and Labour — Volume 9 · Source page ٤٩٥

  42. - تقادم دعوى المسئولية عن العمل غير المشروع ودعوى ضمان أذى النفس

    Principle 2911When an action arising from an insurance contract becomes time-barred. Limitation of insurance actions concerns the substance of the right. A rationale therein concerning operation in terms of time. Article five, Civil CCommercial and Labour — Volume 9 · Source page ٤٩٧
  43. Principle 2912The provisions concerning the warranty of a building contractor or the engineer designing it or supervising its execution. Their relation to public policy. Its effect. It is impermissible to agree in advance to contravenCommercial and Labour — Volume 9 · Source page ٤٩٧
  44. Principle 2913An action for liability for an unlawful act arising from a crime. It is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil route rather than the criminal route to claim comCommercial and Labour — Volume 9 · Source page ٤٩٨
  45. Principle 2914The existence of criminal proceedings alongside a civil action for compensation for an unlawful act. Its implication. The civil action does not become time-barred until the criminal proceedings become time-barred. The inCommercial and Labour — Volume 9 · Source page
  46. Principle 2915Traders' obligations to one another relating to their commercial activities. They are time-barred upon the lapse of ten years from the date performance of the obligation falls due. - Ordinary limitation applies to activiCommercial and Labour — Volume 9 · Source page
  47. Principle 2916Merchants’ obligations towards one another: their prescription. Its period is ten years. - In an assignment of a right, the right passes to the assignee with its attributes, accessories, securities, and the defences to wCommercial and Labour — Volume 9 · Source page
  48. Principle 2917Merchants' obligations towards one another relating to their commercial activities. Their limitation period is ten years from the date payment falls due. Establishing the event from which the limitation period begins. A Commercial and Labour — Volume 9 · Source page
  49. Principle 2919Application of the provisions of the Commercial Code. Its criterion. That the contracting party be a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Code, or that the act be cCommercial and Labour — Volume 9 · Source page
  50. Principle 2920Limitation of merchants' obligations. Its condition: the obligation must be between two merchants and arise from a commercial act. Article 118/1, Commercial Code.Commercial and Labour — Volume 9 · Source page
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