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

Search this collection

  1. - تقادم التزامات التجار قبل بعضهم

    Principle 2921Prescription of merchants’ rights after 1 year. Its condition. They must concern goods supplied to persons who do not trade in them but use them for private consumption. The reason thereof. - Establishing the commercial Commercial and Labour — Volume 9 · Source page ٤٩٩
  2. Principle 2922Establishment that the action is a subrogation action concerning a commercial obligation between merchants and relating to their commercial activities. Its prescription upon the lapse of ten years from the day the debt bCommercial and Labour — Volume 9 · Source page ٤٩٩

  3. - تقادم الضرائب

    Principle 2923Traders' obligations to one another relating to their commercial activities. They are time-barred upon the lapse of ten years. Article 118/1 Commercial Code. - The rights established by the Labour Law provisions. They coCommercial and Labour — Volume 9 · Source page ٥٠٠
  4. Principle 2924Income tax. Its prescription begins to run on the day following the date on which the legislature required the person concerned to submit a statement of the income tax due from him to the Tax Director. - Commencement of Commercial and Labour — Volume 9 · Source page ٥٠٠
  5. Principle 2925Commencement of the income-tax limitation period under the former Commercial Code and its non-completion before the entry into force of the new Civil Code, which extended its duration from three to five years. The effectCommercial and Labour — Volume 9 · Source page ٥٠٠
  6. Principle 2926Commencement of the limitation period pursuant to Article 363 of the repealed Commercial Code concerning taxes and fees due to the State. From the date of the event giving rise to them. - Commencement of the three-year lCommercial and Labour — Volume 9 · Source page ٥٠٠
  7. Principle 2928Judicial fees are a type of fee due to the State. They are time-barred upon the lapse of 5 years from the date of the judgment in the action for which they became due. The judgment adopting this view and ordering cancellCommercial and Labour — Volume 9 · Source page ٥٠١
  8. Principle 2929Amounts owed to individuals by the Government and paid to it as customs tax or a fee pursuant to Law 13 of 1980. They become time-barred upon the lapse of five years from the date of payment. Example. - Determining whethCommercial and Labour — Volume 9 · Source page ٥٠١
  9. Principle 2930Customs duty and related fees. Time-barred upon the lapse of 5 years from the date of arrival of the goods on which the duty is payable in Kuwaiti territories. Amounts owed to individuals in this regard. Time-barred afteCommercial and Labour — Volume 9 · Source page ٥٠١
  10. Principle 2931Revaluation by the Customs Administration after payment of duties and release of the goods. Impermissible, and it may rectify any error or omission in assessing the duties. Rationale therefor. It is not considered an errCommercial and Labour — Volume 9 · Source page ٥٠١
  11. Principle 2932Legislation regulating tax-assessment procedures. Mandatory rules pertaining to public policy. The effect thereof. The court must apply them of its own motion, and their contravention entails nullity. - Assessment of cusCommercial and Labour — Volume 9 · Source page ٥٠١

  12. - تقادم الدعاوى الموجهة لهيئة الميناء

    Principle 2934Limitation of income tax. It begins to run from the date of the event giving rise to it, namely the day following the date on which the tax legislator required the taxpayer to submit a statement of the income tax payableCommercial and Labour — Volume 9 · Source page ٥٠٢

  13. - تقادم الدعاوى الناشئة عن عقد النقل الجوي

    Principle 2935Claims directed by the right-holder against the Port Authority. Their subjection to the provisions governing short prescription. The basis therefor. Article 74 of Decree 7 of 1959 concerning Public Ports. - Prescription Commercial and Labour — Volume 9 · Source page ٥٠٢

  14. - تقادم دعوى الحلول

    Principle 2936The right to bring an action for liability arising from an air carriage contract. Its extinction upon the lapse of two years from the day the aircraft reaches its destination, from the day it should have arrived, or fromCommercial and Labour — Volume 9 · Source page ٥٠٢

  15. - تقادم دعاوى التعويض الناشئة عن جرائم النشر

    Principle 2937The insurer paying the insured or the injured party his entitlement. Its effect. Its subrogation by operation of law to his position in recourse against the liable third party for what it paid. It may exercise the insureCommercial and Labour — Volume 9 · Source page ٥٠٣
  16. Principle 2938Publication offences. Actions in respect thereof shall not be brought if three months have elapsed from the date of publication, and the compensation action lapses if the injured party does not bring it within that perioCommercial and Labour — Volume 9 · Source page ٥٠٣

  17. - تقادم دعوى الإثراء بلا سبب

    Principle 2939The three-month period within which an action for compensation for the crimes provided for in the Publications and Publishing Law must be brought. A special forfeiture period. The time limit therein is mandatory. FailureCommercial and Labour — Volume 9 · Source page ٥٠٣

  18. - تقادم الدعاوى الناشئة عن عقد التأمين

    Principle 2944Actions arising from an insurance contract are time-barred upon the lapse of three years from the occurrence of the event giving rise to these actions, unless the law provides otherwise. Exception: the insured's action aCommercial and Labour — Volume 9 · Source page ٥٠٤
  19. Principle 2946The subrogation action brought by the insurer against the third party responsible for the accident. It is not regarded as arising from the insurance contract. The consequence thereof. It is not subject to the three-year Commercial and Labour — Volume 9 · Source page ٥٠٤
  20. Principle 2947An insurer's recourse action against the liable third party for the compensation it paid to the injured party is not considered an action arising from the insurance contract. The basis on which it rests and the prescriptCommercial and Labour — Volume 9 · Source page ٥٠٤
  21. Principle 2948Extinction of a right by prescription. Unknown in Islamic jurisprudence. Its making the hearing of an action asserting a right barred by the passage of time. The legislature's fixing its period at fifteen years. Effect tCommercial and Labour — Volume 9 · Source page ٥٠٥

  22. - ما لا يعد من الدعاوى الناشئة عن عقد التأمين

    Principle 2949Actions arising from an insurance contract. Their limitation period is 3 years from the occurrence of the event giving rise to those actions, unless the law provides otherwise. Article 807, Civil Code. - Determining the Commercial and Labour — Volume 9 · Source page ٥٠٥
  23. Principle 2950Payment by the insurer to the insured or injured party. Its effect. Its subrogation by operation of law to that party in recourse against the liable third party for what it has paid, exercising the insured's right with iCommercial and Labour — Volume 9 · Source page ٥٠٥

  24. - تقادم حق الشركة في رفع دعوى المسئولية قبل رئيس وأعضاء مجلس الإدارة

    Principle 2951Actions arising from an insurance contract. Their lapse upon the expiration of three years from the occurrence of the event giving rise to those actions. Exception. Where the cause of action arises from a third party havCommercial and Labour — Volume 9 · Source page ٥٠٥

  25. - تقادم الحق الصرف

    Principle 2953Limitation applicable to negotiable instruments. Its basis in a presumption of payment completed by the supplementary oath. Condition thereof. The debtor must not advance a defence contradicting this presumption. ExampleCommercial and Labour — Volume 9 · Source page ٥٠٦

  26. - تقادم دعوى الصرف

    Principle 2954A negotiable instrument. It must contain specified particulars ensuring its self-sufficiency and precisely defining the obligation evidenced therein so that it can perform the functions of payment and credit. Absence of Commercial and Labour — Volume 9 · Source page ٥٠٦

  27. - تقادم دعوى ضمان المهندس أو المقاول

    Principle 2956Limitation applicable to negotiable instruments. Its basis in a presumption of payment completed by the supplementary oath. The condition for this. The debtor must not invoke a defence contradicting this presumption. ExaCommercial and Labour — Volume 9 · Source page ٥٠٦

  28. - تقادم مدفوعات الحساب الجاري

    Principle 2957The provisions laid down by the legislature governing the contractor's and engineer's warranty for buildings or fixed structures they construct. Their relation to public policy. The effect thereof. It is impermissible toCommercial and Labour — Volume 9 · Source page ٥٠٦
  29. Principle 2958Payments entered in a current account. Their merger into an indivisible whole, giving rise to a single debt, namely the balance debt. Its effect. This debt is not subject to the prescription that governed it before entryCommercial and Labour — Volume 9 · Source page ٥٠٧

  30. - تقادم أمر المنع من السفر

    Principle 2959Payments entered in a current account. Lose their characteristics and individual identity and merge into an indivisible whole. The reason therefor. In implementation of the principle of the cohesion and indivisibility ofCommercial and Labour — Volume 9 · Source page ٥٠٧

  31. - تقادم الحقوق الدورية المتجددة

    Principle 2960The prohibition order, travel prohibition. Its lapse upon extinction of the obligation for any reason. Passage of three years since the last valid measure for enforcing the final judgment on the debt without the creditorCommercial and Labour — Volume 9 · Source page ٥٠٧
  32. Principle 2961If the right claimed is recurring, the effect of the three-year prescription stipulated in Article 195 of Commercial Law No. 2/1961 is confined solely to barring the entitlement accruing for the period preceding the threCommercial and Labour — Volume 9 · Source page ٥٠٧

  33. - التقادم الطويل

    Principle 2962Recurring periodic rights. Their prescription in the sense of five years. Example: concerning rent for the use of a warehouse. - Prescription periods:- - Long prescription:-Commercial and Labour — Volume 9 · Source page ٥٠٨
  34. Principle 2963The rescission action that becomes time-barred upon the lapse of one year from delivery is that attributable to a deficiency or excess in the thing sold. As for a rescission action for breach of an obligation by either cCommercial and Labour — Volume 9 · Source page ٥٠٨
  35. Principle 2964An action for rendering accounts is time-barred upon the lapse of 15 years from the conclusion of the agency activities.Commercial and Labour — Volume 9 · Source page ٥٠٨
  36. Principle 2965Payments entered in the current account become mere items or entries. The effect thereof. Their merger into an indivisible whole giving rise to the balance debt. - A debt entered in the current account is not subject to Commercial and Labour — Volume 9 · Source page ٥٠٨
  37. Principle 2966Limitation of the rights of members of the liberal professions, including brokers. Its period. Five years. Basis of this limitation. Presumption of payment. - Brokers obtaining from the contracting party, after completioCommercial and Labour — Volume 9 · Source page ٥٠٨
  38. Principle 2967A void contract is not validated by the passage of time. - Nullity action. Its extinction period. Fifteen years from the date of the contract.Commercial and Labour — Volume 9 · Source page ٥٠٨
  39. Principle 2968Entry of a debt into the current account. Its effect. - The current account absorbs all rights entered into it, so that they become items without completely severing their connection with their source, and does not extinCommercial and Labour — Volume 9 · Source page ٥٠٨
  40. Principle 2970Provisions prescribing limitation for certain rights. They must be interpreted narrowly and apply only to the specific cases they encompass. Matters outside them are governed by the general rule prescribed in Article 438Commercial and Labour — Volume 9 · Source page ٥٠٩

  41. - التقادم العشري

    Principle 2971The right to annul a contract. It lapses if its holder does not invoke it within three years from the cessation of its cause, unless the law provides otherwise, and upon the lapse of fifteen years from its conclusion. ThCommercial and Labour — Volume 9 · Source page ٥٠٩
  42. Principle 2972Merchants’ obligations towards one another arising from their commercial activities become time-barred upon the lapse of ten years from the date payment of the obligation falls due. Example.Commercial and Labour — Volume 9 · Source page ٥٠٩
  43. Principle 2973Merchants’ obligations toward one another relating to their commercial activities have a limitation period of 10 years.Commercial and Labour — Volume 9 · Source page ٥٠٩
  44. Principle 2974Prescription of merchants’ obligations towards one another relating to their commercial activities upon the lapse of ten years from the due date.Commercial and Labour — Volume 9 · Source page ٥٠٩
  45. Principle 2975The ten-year limitation period is the general rule for commercial obligations, except in cases for which a special provision prescribes a shorter limitation period.Commercial and Labour — Volume 9 · Source page
  46. Principle 2976The provision of Article 20 of the Agreement on Legal and Judicial Cooperation between the State of Kuwait and the Arab Republic of Egypt. Its import. The competent judicial authority in the State where recognition - 509Commercial and Labour — Volume 9 · Source page
  47. Principle 2977The criterion for a broker’s entitlement to remuneration: conclusion of the contract as a result of his mediation. - An action claiming a broker’s remuneration is not heard, upon denial, after 5 years from the date it beCommercial and Labour — Volume 9 · Source page
  48. Principle 2979The Executive Regulations of the Traffic Law. A legal provision incorporated into the insurance contract. Its effect on the prescription of actions arising therefrom. Their inclusion among those arising from the insurancCommercial and Labour — Volume 9 · Source page
  49. Principle 2980The knowledge from whose date the period barring a compensation action begins is actual knowledge encompassing the occurrence of the damage and the identity of the person responsible for it. Basis thereof. Presumed knowlCommercial and Labour — Volume 9 · Source page
  50. Principle 2981Inferring the injured party's knowledge of the occurrence of the damage and the identity of its perpetrator. Within the trial court's authority. The knowledge that starts the time-bar period. Its meaning. Actual knowledgCommercial and Labour — Volume 9 · Source page
PreviousPage 49 of 82Next