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. كفالة

    Principle 3168Filing the appeal petition after the statutory time limit. Its effect. Lapse of the right to appeal. Payment of the appeal fee and lodgment of its security within the time limit do not detract from that. - 536 - CommerciCommercial and Labour — Volume 9 · Source page ٥٣٦
  2. Principle 3169Referral of the debtor in disputes concerning shares traded on deferred terms to the Institution for Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms. Its condition. - Amicable settlementCommercial and Labour — Volume 9 · Source page ٥٣٧
  3. Principle 3170The creditor causing, through his fault, the loss of the securities in respect of which the surety is entitled to be subrogated to him and upon which he relied in guaranteeing the debtor. Its effect. The surety, whether Commercial and Labour — Volume 9 · Source page ٥٣٧
  4. Principle 3172The appellant must deposit security for the cassation appeal and then lodge his petition with the court registry, attaching proof of deposit of the security.Commercial and Labour — Volume 9 · Source page ٥٣٧
  5. Principle 3176Issuance of a decision by the Judicial Fees Exemption Committee exempting the appellant from judicial fees. Its effect. Exemption of the appellant from depositing security for the appeal in cassation against the judgmentCommercial and Labour — Volume 9 · Source page ٥٣٧
  6. Principle 3178The surety's joint and several liability with the debtor. Its effect. The creditor may demand the debt from the surety alone. The surety may not resist the demand by requiring recourse first against the debtor or prior eCommercial and Labour — Volume 9 · Source page ٥٣٨
  7. Principle 3179The surety may request discharge if the creditor fails to take proceedings against the debtor within three months from the date of the surety’s formal notice to him, unless the debtor provides the surety with sufficient Commercial and Labour — Volume 9 · Source page ٥٣٨
  8. Principle 3180The suretyship contract. Its nature. What suretyship entails. And when the surety is discharged and the manner of recourse against the debtor.Commercial and Labour — Volume 9 · Source page ٥٣٨
  9. Principle 3181An appeal in cassation is brought by a petition lodged with the Registry of the Court of Cassation containing specified particulars. Failure to complete this. Effect: invalidity of the appeal. A security deposit must be Commercial and Labour — Volume 9 · Source page ٥٣٨
  10. Principle 3182Cases in which an award issued by an arbitral tribunal may be challenged by cassation. These include nullity in the award or in the proceedings affecting the award. This award may not be challenged by any other means of Commercial and Labour — Volume 9 · Source page ٥٣٨
  11. Principle 3183The debtor’s refusal to choose the appropriate method of payment does not prevent the joint and several guarantor from making that choice. - The customer’s failure to fulfil his obligations. Its effect. Acceleration of tCommercial and Labour — Volume 9 · Source page ٥٣٨
  12. Principle 3184The aval guarantor. A surety jointly and severally liable with the debtor, and both are liable to the holder for the value of the instrument. The implication thereof: he may not resist the holder's claim by invoking the Commercial and Labour — Volume 9 · Source page ٥٣٨
  13. Principle 3185The debts that Law 41 of 1993 authorized the Central Bank of Kuwait to purchase. Their nature: debts granted by the entities specified therein to Kuwaiti customers and natural persons from the states of the Cooperation CCommercial and Labour — Volume 9 · Source page ٥٣٨
  14. Principle 3186An order forfeiting security. Its criterion. A ruling that the appeal is inadmissible, impermissible, lapsed, void or dismissed. A ruling terminating the proceedings in the appeal. Absence of grounds for forfeiting the sCommercial and Labour — Volume 9 · Source page ٥٣٩
  15. Principle 3187Discharge of the joint and several or non-joint and several surety because the creditor has lost the securities securing the guaranteed debt. Its criterion. The loss of the security must be due to fault on the creditor'sCommercial and Labour — Volume 9 · Source page ٥٣٩
  16. Principle 3189Investigating the standing of the litigants and determining its existence or absence, and the existence or absence of the suretyship. Questions of fact within the exclusive purview of the court of merits; it suffices thaCommercial and Labour — Volume 9 · Source page ٥٣٩
  17. Principle 3190The surety under Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. Being treated as a customer and subject to the rules regulated by its provisions, including his obligatCommercial and Labour — Volume 9 · Source page ٥٣٩
  18. Principle 3193The creditor, through his fault, causing the loss of any of the securities to which the surety may be subrogated and on which he relies in guaranteeing the debtor. Its effect. The surety may invoke discharge to the extenCommercial and Labour — Volume 9 · Source page ٥٣٩
  19. Principle 3194Multiple sureties for a single debt governed by Law 41 of 1993, as amended, concerning the State's purchase of certain debts and the manner of their collection, and its amendments. Its effect. Apportionment of the debt sCommercial and Labour — Volume 9 · Source page ٥٤٠
  20. Principle 3195Contract of suretyship. Its nature. - Legal, joint and several, or commercial suretyship. The sureties therein are jointly and severally liable among themselves and with the debtor. - Suretyship. The general rule is thatCommercial and Labour — Volume 9 · Source page ٥٤٠

  21. الحوالة

    Principle 3196The Court of Cassation. Its jurisdiction to hear an application to challenge an arbitrator. The applicant is not obliged to lodge security. Its effect. No basis for its forfeiture. AssignmentCommercial and Labour — Volume 9 · Source page ٥٤٠
  22. Principle 3197The liability of a principal for the acts of his subordinate is considered a form of tortious liability. Import thereof. The judgment correctly required the appellant to guarantee compensation in her capacity as principaCommercial and Labour — Volume 9 · Source page ٥٤٠
  23. Principle 3198Multiplicity of insurance contracts. Its import. The insured's right of recourse against them all. The condition therefor. The amount he claims must not exceed the value of the insured thing. The implication thereof. HisCommercial and Labour — Volume 9 · Source page ٥٤٠
  24. Principle 3199The respondent owes no right to the assignor company. This means that the assignment concluded by the assignor company in favour of the appellant had no subject matter. Example. - 540 - CommercialCommercial and Labour — Volume 9 · Source page ٥٤٠
  25. Principle 3201Assignment of a right. Its effect. Transfer of the right from the assignor to the assignee in relation to the assigned debtor and third parties. The implication thereof. The assignee takes the place of the assignor and bCommercial and Labour — Volume 9 · Source page ٥٤١
  26. Principle 3202Assignment transfers an obligation itself, whether a right or a debt, from one person to another. The effect of its conclusion and effectiveness.Commercial and Labour — Volume 9 · Source page ٥٤١
  27. Principle 3203Subrogation of the insurer to the insured in recourse against the insurer for the damage, to the extent of what it paid to the insured or the injured party, pursuant to an assignment of the right of recourse against the Commercial and Labour — Volume 9 · Source page ٥٤١
  28. Principle 3204Assignment is a consensual agreement concluded by the concurrence of offer and acceptance. Assignment of a right is effected by the mutual consent of the assignor and the assignee without the debtor's consent. Example. ICommercial and Labour — Volume 9 · Source page ٥٤١
  29. Principle 3205The consignee is the person with standing to bring an action for compensation for damage to the goods. His assignment of his right to compensation to another. That other person becomes the person with standing to bring tCommercial and Labour — Volume 9 · Source page ٥٤١
  30. Principle 3206An assignment of rights is not effective against the debtor unless he accepts it or is notified thereof. The statement of claim referring to the assignment, filed by the assignee claiming the right. Notification of the aCommercial and Labour — Volume 9 · Source page ٥٤١
  31. Principle 3207A cheque bearing the phrase. Not to order. Its transfer may take place only by following the assignment of rights procedure.Commercial and Labour — Volume 9 · Source page ٥٤١
  32. Principle 3208Assignment of a right. Its conclusion. Acceptance by the debtor or notification to the debtor. A condition for its effectiveness against the debtor and third parties. The debtor's acceptance having an established date. ACommercial and Labour — Volume 9 · Source page ٥٤١
  33. Principle 3209The insurance company. Its payment of Sharia blood money and its obtaining a discharge and an assignment of right. Its effect. Its right of recourse for what it paid against the person responsible for the accident. - 541Commercial and Labour — Volume 9 · Source page ٥٤١
  34. Principle 3210Assignment of a right. Its nature. A contract whereby the creditor transfers to another his right against the debtor. Its effectiveness. Its condition. The debtor's acceptance thereof or notification thereof to him. PaymCommercial and Labour — Volume 9 · Source page ٥٤٢
  35. Principle 3211The general rule is that trading in shares of joint-stock companies takes place by commercial methods without following the procedures for assignment of a right. The condition for the effectiveness of the assignment is tCommercial and Labour — Volume 9 · Source page ٥٤٢
  36. Principle 3212Conclusion of the assignment. The condition for its validity. The right must exist or be capable of existing at the time the assignment is concluded.Commercial and Labour — Volume 9 · Source page ٥٤٢
  37. Principle 3213A transfer of debt concluded between the creditor and the transferee without the original debtor’s consent. Does not give the transferee the right of recourse against the original debtor for what he paid on the basis of Commercial and Labour — Volume 9 · Source page ٥٤٢
  38. Principle 3214Transfer of debt is an agreement to transfer it from the liability of one debtor to another replacing him. It may be concluded between the creditor and the transferee debtor, or between the original debtor and the transfCommercial and Labour — Volume 9 · Source page ٥٤٢
  39. Principle 3215The burden of proving that a transfer of debt occurred and took effect rests upon the original debtor. - Inferring the existence or absence of a transfer of debt. A matter of fact within the exclusive province of the triCommercial and Labour — Volume 9 · Source page ٥٤٢
  40. Principle 3216Determining the existence or absence of an assignment and the creditor's acknowledgment or lack of acknowledgment. A question of fact within the exclusive purview of the court of merits, provided its determination is tenCommercial and Labour — Volume 9 · Source page ٥٤٢
  41. Principle 3217Definition of assignment, when it is concluded, and the effect of its conclusion. Its effectiveness against the debtor. By acceptance or notification.Commercial and Labour — Volume 9 · Source page ٥٤٢
  42. Principle 3218An assignment of a right subsequent to the subcontract. Its effect. The assigned right passes thereby to the assignee encumbered by the subcontractor's privilege. - 542 - CommercialCommercial and Labour — Volume 9 · Source page ٥٤٢
  43. Principle 3219The general rule is the absence of a direct relationship between the employer and the subcontractor. The latter may claim from him what he owes the main contractor by an indirect action. The exception. He generally has aCommercial and Labour — Volume 9 · Source page
  44. Principle 3220The negotiability of a cheque by endorsement. It does not preclude disposing of the right evidenced by it through assignment. Example. - The debtor’s consent is not required for the conclusion of an assignment, nor is anCommercial and Labour — Volume 9 · Source page
  45. Principle 3221The insurer's recourse action against the liable third party for the compensation it paid to the injured party. Its basis is statutory subrogation or assignment of the right. - Transfer of the right to the assignee with Commercial and Labour — Volume 9 · Source page
  46. Principle 3222An assignment of a right intended to discharge a debt owed by the assignor. Payment in kind by the right assigned to him. Its effect: transfer of the assigned right from the patrimony of the debtor-assignor to the patrimCommercial and Labour — Volume 9 · Source page
  47. Principle 3223Transfer of debt. Its definition: an agreement to transfer the debt from the liability of the original debtor to a new debtor. Its effects. Discharge of the original debtor. - Parties to the transfer of debt.Commercial and Labour — Volume 9 · Source page
  48. Principle 3224Transfer of debt. Its definition: an agreement to transfer remove the space inside the word the debt from the liability of the original debtor to a new debtor. Through it, the original debtor is discharged. It may be conCommercial and Labour — Volume 9 · Source page
  49. Principle 3225Subjection to the procedures for settling transactions relating to company shares originally concluded pursuant to Law 75 of 1983. Its effect. Continuation of the Institution's custodianship over the debtor's assets untiCommercial and Labour — Volume 9 · Source page
  50. Principle 3226Transfer of debt. Its effect. Validity of payment to a person other than the creditor. Its criterion is fulfilment of the conditions of management of another’s affairs without mandate.Commercial and Labour — Volume 9 · Source page
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