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. - بوجه عام

    Principle 221Prohibition on a non-Kuwaiti engaging with merchants individually. Excepted therefrom are funds deposited by a non-Kuwaiti with banks and companies and agreements concluded with them to invest his funds and deal in foreiCommercial and Labour — Volume 9 · Source page ٤٧
  2. Principle 223An act is considered commercial whenever it aims merely at speculation to achieve material profit. Determining whether the act is commercial or not. A factual matter within the independent authority of the court of meritCommercial and Labour — Volume 9 · Source page ٤٧
  3. Principle 224The prohibition on a non-Kuwaiti engaging in commerce in Kuwait personally or through investment unless he has a Kuwaiti partner holding not less than 51% of the business's total capital. The legislature's purpose in thiCommercial and Labour — Volume 9 · Source page ٤٨
  4. Principle 225Ascertaining the commercial nature of an activity. A question of fact independently determined by the court of merits. The condition for this. - The effects of transactions are governed by the law under which they were cCommercial and Labour — Volume 9 · Source page ٤٨
  5. Principle 226Rules relating to opening or owning 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 condition is thCommercial and Labour — Volume 9 · Source page ٤٨
  6. Principle 227Prohibition on a non-Kuwaiti engaging in commerce except with a Kuwaiti partner or partners holding at least 51% of the total capital. The legislature's purpose in this prohibition is to protect local commerce and safeguCommercial and Labour — Volume 9 · Source page ٤٨
  7. Principle 228Commercial acts. Their nature. Contracting to supply workers to perform a legally permissible task. A commercial act. - Engaging in commerce within Kuwait is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner oCommercial and Labour — Volume 9 · Source page ٤٨
  8. Principle 229Anyone who engages in commercial transactions in their own name and makes them their occupation. A trader. - 48 - CommercialCommercial and Labour — Volume 9 · Source page ٤٨
  9. Principle 230Mandatory commercial books constitute evidence for their merchant owner against his merchant opponents. The condition for this. The matter must concern a commercial act and the books must be regularly kept.Commercial and Labour — Volume 9 · Source page ٤٩
  10. Principle 231The Kuwaiti partner in general partnerships, both types of limited partnerships, and limited liability companies established before the liberation of the country. His right to expel the non-Kuwaiti partner. The cases andCommercial and Labour — Volume 9 · Source page ٤٩
  11. Principle 232Commercial acts. Their nature. Inferring them. A matter of fact. Example of inferring them from supplying large numbers of workers to perform a contract for works.Commercial and Labour — Volume 9 · Source page ٤٩
  12. Principle 233The prohibition on a non-Kuwaiti engaging in commerce except with a Kuwaiti partner or partners holding at least 51%. The legislature's aim in this prohibition. Protecting local commerce and safeguarding national commercCommercial and Labour — Volume 9 · Source page ٤٩
  13. Principle 234Printing, publishing, journalism, radio and television broadcasting, transmission of news, images or advertisements, and sale of books. Commercial acts irrespective of the capacity of the person undertaking them. - LicenCommercial and Labour — Volume 9 · Source page ٤٩
  14. Principle 235Issuing a cheque is considered a commercial act by its nature in all circumstances, even if it is an interest-free loan.Commercial and Labour — Volume 9 · Source page ٤٩
  15. Principle 237The general rule is that a non-Kuwaiti may not engage individually in trade in Kuwait. The exception. He may invest his funds deposited in banks and companies. The condition therefor. That this fall within their objects.Commercial and Labour — Volume 9 · Source page ٥٠
  16. Principle 238An 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 ٥٠
  17. Principle 240The rules concerning opening and owning shops and establishments for the purpose of engaging in commerce or practicing a profession or craft. Their regulation by the legislature under Law 32 of 1969. Its purpose. EstabliCommercial and Labour — Volume 9 · Source page ٥٠
  18. Principle 241Ascertaining the commercial nature of an act and the concurrence of the seller's and buyer's intentions to increase the price. Within the authority of the court of merits. Example of a sound inference.Commercial and Labour — Volume 9 · Source page ٥٠
  19. Principle 243The former Commercial Law 2 of 1961. It does not permit an agent to obtain any compensation unless he is dismissed at an inappropriate time and without an acceptable excuse, even if that excuse relates to the principal aCommercial and Labour — Volume 9 · Source page ٥١
  20. Principle 244The provisions of the Rent Law do not apply to a contract intended merely for speculation to achieve financial profit. The provisions of the Commercial Code or other provisions, as appropriate, apply. The basis for this.Commercial and Labour — Volume 9 · Source page ٥١
  21. Principle 245Assessment of whether an activity is among the commercial activities that a non-Kuwaiti is prohibited from conducting. Within the authority of the court of merits. The condition for this. An example of faulty inference rCommercial and Labour — Volume 9 · Source page ٥١
  22. Principle 246Brokerage is considered a commercial act even if performed in isolation. - Prohibition on a non-Kuwaiti engaging in brokerage independently, even if he does not practice it professionally. Basis and reason therefor. - AbCommercial and Labour — Volume 9 · Source page ٥١
  23. Principle 247A non-Kuwaiti may not engage in trade in Kuwait individually. The exception thereto. A foreigner's investment of his funds deposited with banks or companies if this falls within their objects. Application of the exceptioCommercial and Labour — Volume 9 · Source page ٥١
  24. Principle 248A non-Kuwaiti engaging in trade in Kuwait. Not permissible except through a Kuwaiti partner or partners holding at least 51% of the total capital. The reason for this. Determining the nature of the work. A matter of factCommercial and Labour — Volume 9 · Source page ٥١
  25. Principle 249A joint-stock company of either type. Of whom it is composed, how it is incorporated and publicized, and when it acquires juridical personality. - Incorporation of public or closed joint-stock companies. Commercial acts.Commercial and Labour — Volume 9 · Source page ٥٢
  26. Principle 250Merchants’ obligations relating to their commercial transactions. They are time-barred upon the lapse of 10 years from the date performance of the obligation falls due. - Ordinary prescription applies to transactions lacCommercial and Labour — Volume 9 · Source page ٥٢
  27. Principle 251Assessment of whether activities practiced by a foreigner in the State of Kuwait are commercial activities he is prohibited from practicing. A matter for the court of merits. An example of what is regarded as a prohibiteCommercial and Labour — Volume 9 · Source page ٥٢
  28. Principle 252Commercial acts. Their nature. - Issuing a cheque is inherently a commercial act in all circumstances, regardless of its parties or the occasion for drawing it. The effect of this. - The Commercial Circuit of the Court oCommercial and Labour — Volume 9 · Source page ٥٢
  29. Principle 253Banking and brokerage operations and related acts. Are deemed commercial acts regardless of the status or intention of the person performing them. - Default interest is payable on a debt owed by the debtor that has falleCommercial and Labour — Volume 9 · Source page ٥٢
  30. Principle 254Opening or owning any establishment or office for the purpose of engaging in trade or practicing a profession or craft. Impermissible without a license from the competent authority. The license is issued only to a KuwaitCommercial and Labour — Volume 9 · Source page ٥٢
  31. Principle 255The prohibition on a non-Kuwaiti engaging in trade in Kuwait individually. His doing so. Its effect: absolute nullity. - The rule of unjust enrichment is a non-contractual source of obligation. It has no application wherCommercial and Labour — Volume 9 · Source page ٥٣
  32. Principle 256The presumption is that a cheque is an instrument of payment. Unless someone alleges otherwise. The burden of proof then falls upon that person.Commercial and Labour — Volume 9 · Source page ٥٣
  33. Principle 257Acts relating to insurance of its various kinds. Deemed commercial acts regardless of the capacity or intention of the person undertaking them. An example.Commercial and Labour — Volume 9 · Source page ٥٣
  34. Principle 258Entitlement to default interest, whether statutory or contractual, depends upon the debt whose payment the debtor delayed arising from a commercial obligation or a commercial act. Default interest is not payable on a civCommercial and Labour — Volume 9 · Source page ٥٣
  35. Principle 259Application of the provisions of the Commercial Code to the administrative authority's obligations arising from an administrative contract whenever it is considered commercial in relation to the other party. The basis thCommercial and Labour — Volume 9 · Source page ٥٣
  36. Principle 260Entitlement to default interest, whether statutory or contractual, depends on the debt that the debtor delayed paying arising from a commercial obligation or a commercial act. Contravention of this entails absolute nulliCommercial and Labour — Volume 9 · Source page ٥٣
  37. Principle 261Merchants’ obligations towards one another. Their limitation period. Its duration is ten years. - Assignment of a right transfers the right to the assignee with its attributes, accessories, securities and the defences toCommercial and Labour — Volume 9 · Source page ٥٣
  38. Principle 262Engaging in commerce within Kuwait is prohibited for a non-Kuwaiti unless he has a partner or partners - 53 - Commercial who are Kuwaiti and whose capital is not less than 51% of the total capital. - The contract is the Commercial and Labour — Volume 9 · Source page ٥٣
  39. Principle 263Insurance against damage is void if it is not based on a lawful economic interest. The necessary consequence. Insurance against risks not recognized by law is impermissible. Example concerning the nullity of insurance agCommercial and Labour — Volume 9 · Source page ٥٤
  40. Principle 264Prohibition on a non-Kuwaiti engaging in commerce and conducting commercial activities except with a Kuwaiti partner or partners holding at least (51%) of the total capital. Contravention of this. It entails nullity. An Commercial and Labour — Volume 9 · Source page ٥٤
  41. Principle 265The provisions of the Commercial Code apply to merchants and to all commercial acts performed by any person, even a non-merchant. When the purchase of land or real property is considered a commercial act and when a merchCommercial and Labour — Volume 9 · Source page ٥٤
  42. Principle 266Loans granted by banks. A commercial act by its nature, whether or not the borrower is a merchant and whether expended on commercial or civil activities, and the bank is entitled to default interest on them.Commercial and Labour — Volume 9 · Source page ٥٤
  43. Principle 268Default interest, statutory or contractual. Its criterion. That the debt arise from a commercial obligation or a commercial - 54 - Commercial act. Claiming it is prohibited if the debt is civil, and any agreement contrarCommercial and Labour — Volume 9 · Source page ٥٤
  44. Principle 269Banking activities. Commercial activities, whether from the bank's perspective or that of its customers. - Loans. A commercial activity regardless of the borrower's capacity or the purpose for which the loan is allocatedCommercial and Labour — Volume 9 · Source page ٥٥
  45. Principle 271Contracts concluded by a merchant and his obligations. A legal presumption arises that they relate to commercial activities. Permissibility of rebutting that presumption by all means of proof. - Establishing the commerciCommercial and Labour — Volume 9 · Source page ٥٥
  46. Principle 272The principle of the independence of financial years in the taxation of commercial and industrial profits. The exception. The rule of carrying losses forward and deducting them from the profits of subsequent years, subjeCommercial and Labour — Volume 9 · Source page ٥٥
  47. Principle 273Bringing goods covered by the agency into the agent's territory during the agency term through a channel other than the agent, with the intention of trading in them. Unlawful commercial competition against the agent or dCommercial and Labour — Volume 9 · Source page ٥٥
  48. Principle 274Activities relating to insurance of all kinds. Commercial activities irrespective of the capacity or intention of the person undertaking them. The implication of this. An insurance contract is a commercial act subject toCommercial and Labour — Volume 9 · Source page ٥٦
  49. Principle 276A debtor who is a trader ceasing to pay some debts, whatever their number. Its effect. The trader may be declared bankrupt whenever the cessation arises from a disturbed financial position that undermines their creditworCommercial and Labour — Volume 9 · Source page ٥٦
  50. Principle 277An application for a composition to avert bankruptcy submitted by a debtor subject to Law 41 of 1993 or by the Kuwait Investment Authority. It must initially be submitted to the circuit designated at the Court of First ICommercial and Labour — Volume 9 · Source page
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