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. مقاصة

    Principle 3107The condition and occurrence of set-off. Each debt must be free of dispute, established, and of a known amount. The debtor’s mere disputing the debt is insufficient to render the debt disputed; the dispute must be seriouCommercial and Labour — Volume 9 · Source page ٥٢٩
  2. Principle 3108Statutory set-off. The conditions that must be satisfied by the debt extinguished thereby.Commercial and Labour — Volume 9 · Source page ٥٢٩
  3. Principle 3109A request for judicial set-off is made by an original action or submitted in the form of an incidental claim.Commercial and Labour — Volume 9 · Source page ٥٢٩
  4. Principle 3110Judicial set-off does not require that each of the two debts be undisputed and of an ascertained amount. The fact that the debt of the party requesting it arose before the debt of his opponent does not prevent it from beCommercial and Labour — Volume 9 · Source page ٥٢٩
  5. Principle 3111Effecting judicial set-off. Its condition. It must be requested by an original action or in the form of an incidental claim. A request for judicial set-off for the first time before the Court of Appeal. Inadmissible.Commercial and Labour — Volume 9 · Source page ٥٢٩
  6. Principle 3112Effecting judicial set-off. Its condition is that it be raised in the form of an incidental claim. It may not be sought in the form of a defense to the opponent’s action. Nor may it be sought for the first time before thCommercial and Labour — Volume 9 · Source page ٥٢٩
  7. Principle 3113Legal set-off and judicial set-off. The nature of each. - Effecting judicial set-off. Its condition. That it be advanced as an incidental claim. Seeking it by way of a defence. Impermissible.Commercial and Labour — Volume 9 · Source page ٥٣٠
  8. Principle 3115Stay of proceedings pursuant to Article 90 of the Code of Procedure. Its criterion. - The trial court may ascertain the degree of seriousness of what arises concerning the preliminary issue and the extent of its connectiCommercial and Labour — Volume 9 · Source page ٥٣٠
  9. Principle 3116Statutory set-off where its conditions are satisfied. Its application may be requested in the form of a defence by the defendant in the action brought against the defendant by the plaintiff claiming a debt owed by the deCommercial and Labour — Volume 9 · Source page ٥٣٠
  10. Principle 3117Effecting judicial set-off. Necessity of raising it in the form of an incidental claim in the original action. Requesting it in the form of a defense to the adversary's action or for the first time on appeal. ImpermissibCommercial and Labour — Volume 9 · Source page ٥٣٠
  11. Principle 3118Judicial set-off. What is required for its application. It must be raised in the form of an incidental claim submitted by the defendant in response to the original action. Seeking it in the form of a defence or seeking iCommercial and Labour — Volume 9 · Source page ٥٣٠
  12. Principle 3119Statutory set-off. Conditions of the debt. - The judge of fact has authority to determine whether or not the requirements of statutory set-off are satisfied.Commercial and Labour — Volume 9 · Source page ٥٣٠
  13. Principle 3122Statutory, voluntary and judicial set-off. Nature of each. Example of judicial set-off.Commercial and Labour — Volume 9 · Source page ٥٣١
  14. Principle 3123The debtor has a right of set-off between what he owes his creditor and what that creditor owes him whenever its conditions are met. The nature of those conditions. - A debtor is not compelled to pay a disputed debt. AscCommercial and Labour — Volume 9 · Source page ٥٣١
  15. Principle 3124A debtor owing several debts of the same kind to one creditor. He may choose the debt he wishes to discharge by deduction from them or by setting them off against a counter-debt owed to him by the creditor, unless an agrCommercial and Labour — Volume 9 · Source page ٥٣١
  16. Principle 3125Assignment of a right. The debtor's acceptance of the assignment without reservation. Its effect. He may not invoke against the assignee a set-off between the debt owed to him by the creditor and the debt he owes to the Commercial and Labour — Volume 9 · Source page ٥٣١

  17. مقايضة

    Principle 3126The debtor has the right to set off what he owes his creditor against what that creditor owes him whenever its conditions are satisfied. The nature of those conditions. - See also: Obligation. BarterCommercial and Labour — Volume 9 · Source page ٥٣١
  18. Principle 3127A barter contract is the sale of a thing or the exchange of property for property other than money, and each of the two exchanged items in a barter contract is governed by the rules of sale, pursuant to Articles 122, 379Commercial and Labour — Volume 9 · Source page ٥٣١
  19. Principle 3128Barter. Its nature. Exchanging shares for immovable property and agreeing to defer delivery of the property. Does not constitute a forward share transaction within the meaning of Law 57/1982. - 531 - CommercialCommercial and Labour — Volume 9 · Source page ٥٣١

  20. كفالة

    Principle 3129Failure of the barterer to perform his contractual obligation to deliver at the agreed time. It constitutes a breach of his obligation establishing his liability entailing compensation for the damage. What the compensatiCommercial and Labour — Volume 9 · Source page ٥٣٢
  21. Principle 3130Discharge of the surety in respect of the securities added by the creditor through his fault. Article 510 of the Commercial Law. What is intended thereby. Protection of the surety who is bound in the interest of another.Commercial and Labour — Volume 9 · Source page ٥٣٢
  22. Principle 3131Suretyship under the Commercial Code. Its nature. It is permissible to proceed against the surety rather than the debtor in the first instance. Proceeding against either does not extinguish the claim against the other.Commercial and Labour — Volume 9 · Source page ٥٣٢
  23. Principle 3132The real surety's right to invoke defences relating to the debtor alongside his own defences, even if the debtor has waived them.Commercial and Labour — Volume 9 · Source page ٥٣٢
  24. Principle 3133Security interests allocated to secure the debt. The creditor's obligation to preserve them, taking into account the surety's interest. Discharge of the surety to the extent of the security lost. Its condition.Commercial and Labour — Volume 9 · Source page ٥٣٢
  25. Principle 3134Deposit of security by the objector who was not a party to the proceedings. An essential procedural requirement pertaining to public policy, breach of which entails nullity.Commercial and Labour — Volume 9 · Source page ٥٣٢
  26. Principle 3136Filing the appeal petition after the statutory time limit prescribed for bringing it. Its effect. Formal inadmissibility of the appeal. This is not affected by payment of the appeal fees or its security deposit within thCommercial and Labour — Volume 9 · Source page ٥٣٢
  27. Principle 3137The surety, whether jointly and severally liable or not, may invoke discharge from the debt to the extent of the security allocated for payment of the debt that the creditor may have lost through its fault. The conditionCommercial and Labour — Volume 9 · Source page ٥٣٢
  28. Principle 3140The creditor’s recourse against the surety under a commercial suretyship. It is not conditional upon first making a claim against the debtor. The consequence thereof. He has the option of making a claim against either ofCommercial and Labour — Volume 9 · Source page ٥٣٣
  29. Principle 3141The existence or negation of suretyship. Within the authority of the court of merits, without review.Commercial and Labour — Volume 9 · Source page ٥٣٣
  30. Principle 3142Agency for commercial contracts. An ordinary agency. The agent therein is merely a representative of the principal. Its effect. The effects of the transaction accrue directly to the principal. Its effect. A direct relatiCommercial and Labour — Volume 9 · Source page ٥٣٣
  31. Principle 3143Imposing a travel ban on a jointly and severally liable surety. Permissible if the conditions prescribed in Article 297 of the Code of Procedure are met. The basis thereof.Commercial and Labour — Volume 9 · Source page ٥٣٣
  32. Principle 3146Suretyship for an obligation, usually a future one. Its effect. Restriction of the suretyship to its specified term. The suretyship contract must include the maximum amount for which the surety is liable. The surety’s faCommercial and Labour — Volume 9 · Source page ٥٣٣
  33. Principle 3147The surety's right to request discharge if the creditor does not take the measures that the surety has formally notified the creditor to take within three months from the date of the notice, unless the debtor provides thCommercial and Labour — Volume 9 · Source page ٥٣٤
  34. Principle 3148The surety's notice to the creditor, when the debt falls due, to take proceedings against the debtor within three months from the date of notice. The creditor's failure to take proceedings. Its effect. Extinction of the Commercial and Labour — Volume 9 · Source page ٥٣٤
  35. Principle 3149Ship’s agent. Its obligation to register in the register of sea-going ship agents at the Ministry of Communications and to deposit a bank guarantee securing enforcement of judicial judgments issued against its principal.Commercial and Labour — Volume 9 · Source page ٥٣٤
  36. Principle 3150The surety whom the debtor is obliged to provide. He must be solvent and domiciled in Kuwait. If either of these two conditions is absent, the debtor must provide another surety or sufficient security in rem if the crediCommercial and Labour — Volume 9 · Source page ٥٣٤
  37. Principle 3151Suretyship. Its nature. The general rule is that the surety acts gratuitously. The exception. It is commercial if the surety guarantees a debt considered commercial in relation to the debtor. The effect thereof. It may bCommercial and Labour — Volume 9 · Source page ٥٣٤
  38. Principle 3152The subject of proof is the legal fact constituting the source of the obligation, not the obligation itself. Consequence thereof. The person alleging the existence of a commercial suretyship must prove its source. - The Commercial and Labour — Volume 9 · Source page ٥٣٤
  39. Principle 3153The deposit or bank guarantee that the ship’s agent is obliged to deposit with a bank. Its purpose. Securing enforcement of judgments issued against the sea carrier since the Maritime Commercial Code came into force. ThiCommercial and Labour — Volume 9 · Source page ٥٣٤
  40. Principle 3154The regulation of the practice of ship agency contained in the Maritime Commercial Code is intended to enable interested parties to enforce judgments issued in their favor against foreign carriers. This regulation does nCommercial and Labour — Volume 9 · Source page ٥٣٥
  41. Principle 3156The creditor’s mere failure to take the requisite measures against the debtor when the debt falls due, or his delay in taking them, does not discharge the surety. The nature of these measures. Bringing an action to claimCommercial and Labour — Volume 9 · Source page ٥٣٥
  42. Principle 3157Invalidity or voidability of the secured obligation. Its effect. The surety's obligation acquires the same character. Rationale therefor: the surety's obligation is accessory to the principal obligation as to validity anCommercial and Labour — Volume 9 · Source page ٥٣٥
  43. Principle 3158The cash deposit or bank guarantee lodged by the shipping agent. Its purpose. To secure enforcement of judgments issued against carriers. The provision governing it applies from the entry into force of the Maritime CommeCommercial and Labour — Volume 9 · Source page
  44. Principle 3159Discharge of the surety to the extent of the securities for the secured debt lost through the creditor's fault. Rationale therefor: the surety's right to be subrogated to the creditor in his securities. What is meant by Commercial and Labour — Volume 9 · Source page
  45. Principle 3160Suretyship for a future obligation. When it is valid. Example of suretyship for a future obligation. - 535 - Commercial - The subject matter of an obligation of a known amount at its inception. It is that whose amount isCommercial and Labour — Volume 9 · Source page
  46. Principle 3161Suretyship for a future obligation. Specification of its duration. Its effect. The surety guarantees only obligations incurred by the debtor during that period. The condition therefor.Commercial and Labour — Volume 9 · Source page
  47. Principle 3162The surety's joint and several liability with the debtor. Effect thereof. The creditor may claim the debt from the surety alone. The creditor is not obliged to join the debtor as a party to the action when suing the sureCommercial and Labour — Volume 9 · Source page
  48. Principle 3163The insurer under compulsory motor-accident insurance and the liable person are obligated for the same debt despite the difference in its source. The effect thereof is their concurrent liability for its payment. Payment Commercial and Labour — Volume 9 · Source page
  49. Principle 3166The extent of the surety's obligation. The criterion for determining it. The secured obligation. Its effect. The surety is not liable for an amount greater than that owed by the principal debtor.Commercial and Labour — Volume 9 · Source page
  50. Principle 3167The surety’s obligation. An unconditional obligation falling due as soon as the principal obligation falls due. - First demanding payment from the debtor is not necessary for the creditor’s recourse against the surety inCommercial and Labour — Volume 9 · Source page
PreviousPage 52 of 82Next