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. - قطع التقادم

    Principle 3045Abandonment necessitating that an action not be heard. Its definition in Islamic Sharia. - Non-hearing of an action. Its basis is to prohibit the judge from hearing it while the right remains with its holder; if he acknoCommercial and Labour — Volume 9 · Source page ٥١٩
  2. Principle 3046Short prescription. Its purpose. Protecting the carrier against late claims and ending disputes. Its subjection to the general rules on suspension and interruption of prescription. The legislature's addition of other groCommercial and Labour — Volume 9 · Source page ٥١٩
  3. Principle 3047Interruption of the period prescribed for hearing an action. Commencement of a new period of equal length. When the new period is fifteen years. - The Iraqi invasion of the country, an impediment suspending prescription.Commercial and Labour — Volume 9 · Source page ٥١٩
  4. Principle 3048The bar to hearing an action claiming fees owed to the State upon denial. Its period is five years. The debtor's acknowledgment of the creditor's right. Its nature. Its effect on interruption of limitation. - 519 - CommeCommercial and Labour — Volume 9 · Source page ٥١٩
  5. Principle 3049Inferring the existence or absence of the debtor's acknowledgment of the debt that interrupts limitation. A factual matter independently determined by the trial court. The condition thereof.Commercial and Labour — Volume 9 · Source page ٥٢٠
  6. Principle 3050Prescription under the Maritime Commercial Code. Cases of its interruption. Article 201/3 thereof. - Expiry of prescription. Its effect. Commencement of a new period of the same length from the time the effect resulting Commercial and Labour — Volume 9 · Source page ٥٢٠
  7. Principle 3051Determining the existence or non-existence of the debtor's acknowledgment of the debt as a ground for interrupting limitation. A question of fact. Its condition.Commercial and Labour — Volume 9 · Source page ٥٢٠
  8. Principle 3052The relative effect of an act interrupting limitation. Sending notices to a company that is not legally liable for the tax does not have the effect of interrupting limitation in respect of its shareholder partners.Commercial and Labour — Volume 9 · Source page ٥٢٠
  9. Principle 3053Income tax. Its limitation period begins on the day following the date on which the legislature required the taxpayer to submit to the Tax Director a statement of the income tax due from him. - Commencement of the incomeCommercial and Labour — Volume 9 · Source page ٥٢٠
  10. Principle 3054The debtor's acknowledgment of the debt. Limitation is interrupted thereby. Example. Of interruption of the period by acknowledgment and commencement of a new period.Commercial and Labour — Volume 9 · Source page ٥٢٠
  11. Principle 3055Limitation of the port's claim in matters connected with cargo. It is interrupted only by an unequivocal judicial demand. Reason therefor.Commercial and Labour — Volume 9 · Source page ٥٢٠
  12. Principle 3056Explaining the significance of the document issued by the debtor in objecting to the debt and its effect concerning limitation, and determining the presence or absence of the debtor's acknowledgment as a cause interruptiCommercial and Labour — Volume 9 · Source page ٥٢٠
  13. Principle 3057Interruption of the period prescribed for barring the hearing of an action results in a new period commencing when the effect arising from the cause of interruption ends. The new period is identical to the first period. Commercial and Labour — Volume 9 · Source page ٥٢١
  14. Principle 3058The prescribed period barring the hearing of an action is interrupted by the debtor's express or implied acknowledgment of the creditor's right. What follows therefrom. A new period begins to run.Commercial and Labour — Volume 9 · Source page ٥٢١
  15. Principle 3059The debtor’s express or implied acknowledgment of the creditor’s right. Its effect. Interruption of the prescription period. The reason therefor. - The debtor’s leaving their property subject to a possessory pledge with Commercial and Labour — Volume 9 · Source page ٥٢١
  16. Principle 3060The plea of limitation. Its effect. The court must examine its conditions. - The debtor's express or implied acknowledgment of the creditor's right. Its effect. Interruption of limitation. A request for time to pay or neCommercial and Labour — Volume 9 · Source page ٥٢١
  17. Principle 3061Inferring the existence of the debtor's acknowledgment of the debt contained in the arbitration submission agreement as a ground for interrupting limitation. A matter of fact within the independent province of the trial Commercial and Labour — Volume 9 · Source page ٥٢١
  18. Principle 3063Interruption of the prescribed period for barring the hearing of an action. Its grounds. Articles 448, 449 of the Civil Code. - Interruption of the prescribed period for barring the hearing of an action. Its effect. ArtiCommercial and Labour — Volume 9 · Source page ٥٢١
  19. Principle 3064Limitation 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 ٥٢٢

  20. - أثر انقطاع التقادم في حساب المدة

    Principle 3065The debtor’s acknowledgment of his creditor’s right by any expression of intention binding upon him. Its effect. Interruption of prescription and elimination of its effect. Commencement of a new prescription period of thCommercial and Labour — Volume 9 · Source page ٥٢٢

  21. - التمسك بالتقادم

    Principle 3067Invoking one type of limitation does not dispense with invoking another type thereof. The reason therefor. - Invoking a type of limitation for the first time before the Court of Cassation constitutes a new, inadmissible Commercial and Labour — Volume 9 · Source page ٥٢٣

  22. - حساب مواعيد التقادم

    Principle 3071Provisions of law prescribing special prescriptive periods for certain rights. They must be narrowly construed so that they apply only to the specific cases they encompass. - Calculation of prescriptive periods:-Commercial and Labour — Volume 9 · Source page ٥٢٣

  23. - عدم تعلق الدفع به بالنظام العام

    Principle 3073Limitation does not pertain to public policy. Pleading it for the first time before the Court of Cassation. Impermissible.Commercial and Labour — Volume 9 · Source page ٥٢٤
  24. Principle 3074Invoking a type of prescription for the first time before the Court of Cassation. A new ground. Inadmissible. Invoking one type of prescription. Does not dispense with invoking another type.Commercial and Labour — Volume 9 · Source page ٥٢٤

  25. - أثر القضاء بالتقادم

    Principle 3076Creation of a commercial instrument as a means of discharging a prior obligation. Effect thereof. A new obligation arises, namely the obligation under the negotiable instrument, alongside and independently of the originaCommercial and Labour — Volume 9 · Source page ٥٢٤

  26. - حق الحامل في التعويض رغم تقادم دعوى المطالبة بقيمة الشيك

    Principle 3077The plea that an action may not be heard owing to lapse of time. A substantive plea. The court of first instance's judgment upholding it exhausts its jurisdiction to examine the merits. An appeal brought against this judCommercial and Labour — Volume 9 · Source page ٥٢٤

  27. - التقادم في مجلة الأحكام العدلية

    Principle 3078Limitation of an action demanding payment of a cheque. Does not prevent the holder from seeking compensation from the drawer or the person liable for its value. The basis thereof. Unjust enrichment. - 524 - Commercial - Commercial and Labour — Volume 9 · Source page ٥٢٤
  28. Principle 3079Leaving an action for a debt unpursued for fifteen years despite the existence of grounds for it in another’s denial of it. A bar to hearing it.Commercial and Labour — Volume 9 · Source page ٥٢٥
  29. Principle 3080The acknowledgment in the presence of which the passage of time is not considered a bar to hearing the action. Its nature. Assessment of its existence. A question of fact exclusively determined by the court of merits. ThCommercial and Labour — Volume 9 · Source page ٥٢٥

  30. - النزول عن الحق في التقادم

    Principle 3081Leaving an action concerning debt, deposit, ownership, and immovable property unpursued, necessitating that the action not be heard. Its nature. Article 1660 of the Majalla of Judicial Provisions. - Waiver of the right tCommercial and Labour — Volume 9 · Source page ٥٢٥
  31. Principle 3082The significance of a document issued by the debtor as an acknowledgment of the debt, and its effect on prescription. Its assessment. A matter of fact within the exclusive competence of the court of merits.Commercial and Labour — Volume 9 · Source page ٥٢٥
  32. Principle 3083The plea that an action may not be heard due to the passage of time. It may be invoked at any stage of the action unless the person invoking the plea has manifested something indicating its waiver. An example not involviCommercial and Labour — Volume 9 · Source page ٥٢٥
  33. Principle 3084The defence that an action may not be heard owing to the passage of time. It may not be waived before the right to invoke it has arisen.Commercial and Labour — Volume 9 · Source page ٥٢٥

  34. تصفية

    Principle 3086The system of collective liquidation of an estate. The Kuwaiti Civil Code has not regulated it. Recourse in this regard to provisions that may have been included in a foreign law is impermissible. The basis thereof.Commercial and Labour — Volume 9 · Source page ٥٢٦
  35. Principle 3088Grounds for termination of a joint-stock company and the rules for its liquidation. Their application to a limited liability company. A partner's right to seek judicial dissolution of the company. Its justifications. ThiCommercial and Labour — Volume 9 · Source page ٥٢٦
  36. Principle 3090An undisclosed partnership. Its concealment and lack of the personality concerned and of a separate patrimony. Liquidation does not apply to it. Rationale therefor. - An undisclosed partnership contract. A bilaterally biCommercial and Labour — Volume 9 · Source page ٥٢٦
  37. Principle 3091Where partition of commonly owned property in kind is impossible or partition would diminish its value. The court may resort to liquidation. - Partition among co-owners by allotment. Its prerequisite. The possibility of Commercial and Labour — Volume 9 · Source page ٥٢٧
  38. Principle 3092Giving effect to a void contract whose essential elements were not satisfied is contrary to public policy. - A judgment declaring a company void leaves behind a de facto company to be liquidated in accordance with the geCommercial and Labour — Volume 9 · Source page ٥٢٧
  39. Principle 3093A company is liquidated once it is dissolved. How liquidation is carried out and the liquidator's powers.Commercial and Labour — Volume 9 · Source page ٥٢٧
  40. Principle 3094Shares registered pursuant to Decree-Law 57/1982. Liquidation of forward share transactions therein and in his favor, and valuation of the assets of those referred to him by reason of these transactions, and administratiCommercial and Labour — Volume 9 · Source page ٥٢٧
  41. Principle 3095Limited liability company. Its termination and liquidation of its assets in accordance with the same rules and grounds prescribed for the termination and liquidation of joint-stock companies, in addition to the case of lCommercial and Labour — Volume 9 · Source page ٥٢٧
  42. Principle 3096The State's private property. Its subjection to private law. The consequence thereof: Any co-owner in undivided ownership—in a government house whose ownership has passed to the person to whom it was allocated—may apply Commercial and Labour — Volume 9 · Source page ٥٢٧
  43. Principle 3097Representation of the Office for Liquidation of Forward Share Transactions before courts of whatever type or level. It belongs to the supervisor of the Office and such of its employees as he authorizes. Their right to apCommercial and Labour — Volume 9 · Source page
  44. Principle 3098The liquidator’s receipt of remuneration for his work. Permissible. How this remuneration is assessed: in the order appointing him or upon an application submitted to the court. The assessment takes into account the workCommercial and Labour — Volume 9 · Source page
  45. Principle 3099Only the closing of a current account entails the setting off of all its entries. Interim liquidation. Does not entail set-off.Commercial and Labour — Volume 9 · Source page
  46. Principle 3100Effecting judicial set-off. Its condition is that it be raised as an incidental claim. Seeking it as a defence or for the first time on appeal. Impermissible.Commercial and Labour — Volume 9 · Source page
  47. Principle 3101Voluntary set-off. A disposition subject to the general rules governing legal dispositions. - Judicial set-off. Assessment of whether the conditions for its application are satisfied falls within the authority of the triCommercial and Labour — Volume 9 · Source page
  48. Principle 3102A request for judicial set-off. Raising it for the first time before the Court of Appeal. Impermissible.Commercial and Labour — Volume 9 · Source page
  49. Principle 3103The insurer's obligation to compensate the injured party for damage arising from the vehicle. It does not prevent the insurer from having recourse against him in his capacity as a liable person, not as an injured party. Commercial and Labour — Volume 9 · Source page
  50. Principle 3104Legal set-off: its conditions. Ascertaining the presence or absence of these conditions is within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page
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