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. الحوالة

    Principle 3228Transfer of debt. Condition for its effectiveness against the creditor. His approval thereof. Inferring the issuance of this approval. Within the authority of the trial court.Commercial and Labour — Volume 9 · Source page ٥٤٤
  2. Principle 3230Valid conclusion of an assignment. What is required therefor. Its effectiveness against the debtor. When this occurs. The effects resulting from its effectiveness.Commercial and Labour — Volume 9 · Source page ٥٤٤
  3. Principle 3231Assignment of a right. Its conclusion. The consent of the debtor against whom the right is assigned is not required. Reason: the assignment does not create a new obligation against him but transfers the obligation alreadCommercial and Labour — Volume 9 · Source page ٥٤٤
  4. Principle 3232Assignment of a right. A contract between the assignor and another whereby the former assigns to the latter a right he has against his debtor, and the assignment becomes effective against the debtor and the assigned debtCommercial and Labour — Volume 9 · Source page ٥٤٤
  5. Principle 3233The 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. A shareholder’s assignment of his shares to a third party.Commercial and Labour — Volume 9 · Source page ٥٤٥
  6. Principle 3234The State's purchase of indebtedness pursuant to Law 41 of 1993. Its effect. Its transfer to the State by an assignment of rights effective from the date the Law entered into force, with its characteristics, accessories,Commercial and Labour — Volume 9 · Source page ٥٤٥
  7. Principle 3235The State’s purchase of certain debts in accordance with the controls provided for in Law 41 of 1993, as amended. Its effect. Its substitution for the creditor with respect to recovering the assigned right against the deCommercial and Labour — Volume 9 · Source page ٥٤٥
  8. Principle 3236The State's purchase of certain debts according to the controls provided for in Law 41/1993, as amended. Its effect: those debts pass to the State with all their real and personal security, and the provisions governing aCommercial and Labour — Volume 9 · Source page ٥٤٥
  9. Principle 3237The criterion for the State's purchase of the debts specified in the Law is that they must have been outstanding on 1/8/1990 in favour of a local bank, Kuwait Finance House, or an investment company subject to supervisioCommercial and Labour — Volume 9 · Source page ٥٤٥
  10. Principle 3238The Central Bank of Kuwait's representation of the State in purchasing the total cash facilities from local banks and investment companies subject to the supervision of the Central Bank of Kuwait. This results in the traCommercial and Labour — Volume 9 · Source page ٥٤٥
  11. Principle 3239Insurance whose subject matter is property. After receiving the compensation due from the insurer, the injured party may assign to it his right to compensation against the responsible third party. This does not constitutCommercial and Labour — Volume 9 · Source page ٥٤٦
  12. Principle 3240The insurer's recourse action against the third party responsible for the damage for the compensation it paid to the injured party. And against the insured in the event of breach of the conditions agreed upon in the insuCommercial and Labour — Volume 9 · Source page ٥٤٦
  13. Principle 3242A void contract and a voidable contract. The effect of each in relation to a particular successor. Absolute nullity of a contract because it contains an amendment to the memorandum of a limited partnership without embodyCommercial and Labour — Volume 9 · Source page ٥٤٦
  14. Principle 3243The State's purchase of certain debts stipulated in Laws 32/1992, 41/1993. The consequences thereof. The State replaces the creditor with respect to recovery of the assigned right against the debtor pursuant to the proviCommercial and Labour — Volume 9 · Source page ٥٤٦
  15. Principle 3244A transfer of debt concluded between the original debtor and the transferee. It is not effective against the creditor unless he approves it. - Deducing the creditor’s acceptance or implied approval of his debtor’s transfCommercial and Labour — Volume 9 · Source page ٥٤٦
  16. Principle 3245Transfer of debt is an agreement to transfer the debt from the liability of the original debtor to the liability of a new debtor, with its characteristics, securities, and defences, from the time it becomes effective, anCommercial and Labour — Volume 9 · Source page ٥٤٦
  17. Principle 3246The State’s purchase of local banks’ debts owed by Kuwaiti debtors pursuant to the provisions of Law 41 of 1993. What follows therefrom. The appellant’s disputing the original debt from which he was discharged by the traCommercial and Labour — Volume 9 · Source page ٥٤٧
  18. Principle 3247Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to the liability of a debtor replacing him. The consequences thereof. Example concerning the State's purchase of local banks' Commercial and Labour — Volume 9 · Source page ٥٤٧
  19. Principle 3248The right transferred to the assignee is the very right that belonged to the assignor, with its inherent attributes and characteristics and its attached accessories. Example.Commercial and Labour — Volume 9 · Source page ٥٤٧
  20. Principle 3249A creditor may assign to another his right against his debtor unless this is prohibited by a provision of law, an agreement between the contracting parties, or the nature of the obligation. - The transfer of the main conCommercial and Labour — Volume 9 · Source page ٥٤٧
  21. Principle 3250In an assignment of rights, the right passes to the assignee with its attributes, accessories, securities securing it, and defences to which it is subject. And the consequences thereof.Commercial and Labour — Volume 9 · Source page ٥٤٧
  22. Principle 3251Transfer of debt. Its nature. An agreement to transfer the debt from the liability of the original debtor to that of a new debtor, whereby the former is discharged once the latter approves it or is a party to it. The latCommercial and Labour — Volume 9 · Source page ٥٤٧
  23. Principle 3252The State’s substitution for the creditor in enforcing the assigned right against the debtor pursuant to the provisions governing assignment of rights, insofar as they do not conflict with the provisions of Law 41 of 199Commercial and Labour — Volume 9 · Source page ٥٤٧
  24. Principle 3253Transfer of debt. Its nature. Its effect: discharge of the original debtor. Its condition: the creditor’s consent for it to be effective against him. Article 378, Civil Code. - The burden of proving the transfer and the Commercial and Labour — Volume 9 · Source page ٥٤٨
  25. Principle 3254Transfer of debt. An agreement to transfer the debt from the liability of the original debtor to the liability of a new debtor who takes his place. The consequences thereof. An example concerning the State's purchase of Commercial and Labour — Volume 9 · Source page ٥٤٨
  26. Principle 3255Shares in joint-stock companies. Their negotiability by commercial methods without following the procedures for assignment of rights. Its import. A shareholder may transfer his shares to a third party who takes his placeCommercial and Labour — Volume 9 · Source page ٥٤٨
  27. Principle 3256Assignment of rights. Its conclusion by mutual consent between the assignor and assignee without need for the debtor's consent. Its effectiveness against the debtor and third parties. Instances thereof. The debtor's knowCommercial and Labour — Volume 9 · Source page ٥٤٨
  28. Principle 3257Establishment that the original creditor and the respondent bank mutually rescinded the assignment of the right and notified the appellant thereof. Its implication. The debt forming the subject of the action remains owedCommercial and Labour — Volume 9 · Source page ٥٤٩
  29. Principle 3258Marine insurance policy. It may be made out in the name of the insured, to his order, or to bearer. Its transferability depends on the form in which it is drawn up. It passes by assignment if it bears the insured’s name,Commercial and Labour — Volume 9 · Source page ٥٤٩
  30. Principle 3259Assignment of a right. It is concluded by mutual consent between the assignor and the assignee without requiring the consent of the debtor, against whom it is effective only upon the debtor's acceptance of it or service Commercial and Labour — Volume 9 · Source page ٥٤٩
  31. Principle 3260The State's purchase of certain debts specified in Law 41/1993. Its effect. Its substitution for the creditor with respect to recovery of the assigned right against the debtor pursuant to the provisions governing assignmCommercial and Labour — Volume 9 · Source page ٥٤٩

  32. مسئولية المباشر

    Principle 3261The insurer's recourse action against the person liable for the compensation it paid to the injured party. Its basis. The insurer's subrogation to the injured party's rights. Basis of this subrogation. A provision of lawCommercial and Labour — Volume 9 · Source page ٥٤٩
  33. Principle 3262The deceased's collision in his car with another, followed by his swerving in his car, where the insured vehicle collided with him - 549 - Commercial where his death occurred without any other matter intervening between Commercial and Labour — Volume 9 · Source page ٥٤٩
  34. Principle 3263The deceased's car approaching at speed without caution, passing the traffic signal, and the insured car approaching the same intersection from another direction and striking the first car violently, causing the deceasedCommercial and Labour — Volume 9 · Source page ٥٥٠
  35. Principle 3264The liability of the direct actor is based on directly causing the harm, not on fault - Effect thereof - His liability is not negated by the absence of fault on his part or merely by the occurrence of fault on the part oCommercial and Labour — Volume 9 · Source page ٥٥٠
  36. Principle 3265The direct actor is liable even if he did not act intentionally or transgress. - Definition of the direct actor under Sharia. - The mere parking of a vehicle in its designated place alongside the public road—another vehiCommercial and Labour — Volume 9 · Source page ٥٥٠
  37. Principle 3266The direct actor in Islamic jurisprudence. His definition and the distinction between him and the indirect causer. - A vehicle standing to water plants on the road's central reservation while using warning signals. The dCommercial and Labour — Volume 9 · Source page ٥٥٠
  38. Principle 3267Under Sharia, the direct actor is the person who affected the damage, brought it about, and brought about death himself without an intermediary, and was its cause; the indirect causer is the person who affected the damagCommercial and Labour — Volume 9 · Source page ٥٥٠
  39. Principle 3268The direct perpetrator of bodily harm requiring diyah. Is liable even if he did not act intentionally or transgress. Determining whether the harm occurred directly or through indirect causation is governed by Islamic jurCommercial and Labour — Volume 9 · Source page ٥٥١
  40. Principle 3270Establishment that the damage arose directly from the collision of the insured vehicle with the vehicle driven by the victim, without the intervention of any other factor. Establishment of its driver’s status as the direCommercial and Labour — Volume 9 · Source page ٥٥١
  41. Principle 3271Liability for bodily harm requiring Sharia blood money. Its financial burden falls on the direct perpetrator. Definition of the direct perpetrator in Islamic jurisprudence. An example of the first respondent's car collidCommercial and Labour — Volume 9 · Source page ٥٥١
  42. Principle 3272Gross and intentional misconduct that relieves the direct actor of liability. Its meaning. An excessive departure from proper conduct exceeding gross fault, without reaching the degree of intending the result, through unCommercial and Labour — Volume 9 · Source page ٥٥٢
  43. Principle 3273The direct actor is liable even if he did not act intentionally or transgress. - Definition of the direct actor under Sharia. The distinction between direct action and indirect causation. - The direct actor's liability iCommercial and Labour — Volume 9 · Source page
  44. Principle 3274Liability for personal injury. Its financial burden falls on the direct actor in accordance with the provisions of Islamic Sharia and the contents of the blood-money schedule. - The direct actor in Islamic jurisprudence.Commercial and Labour — Volume 9 · Source page
  45. Principle 3275The direct perpetrator is obliged to compensate for bodily harm requiring diya in accordance with the provisions of Islamic Sharia and the contents of the diya schedule whenever that harm occurs by direct action and throCommercial and Labour — Volume 9 · Source page
  46. Principle 3276Gross and intentional misconduct on the part of the injured person that relieves the direct actor of liability. Its nature. - 552 - Commercial - The judgment stating in its reasons that the state of manifest intoxicationCommercial and Labour — Volume 9 · Source page
  47. Principle 3277The direct actor in Islamic Sharia jurisprudence. Its meaning. - Treating the movement of a vehicle as the act of its owner. Its effect. Considering him the direct actor in respect of every injury caused by the direct inCommercial and Labour — Volume 9 · Source page
  48. Principle 3278The direct actor is the person whose act, performed by himself, itself brought about the harm and was its cause without an intermediary. - The direct actor's liability. It is lifted from his shoulders if it is establisheCommercial and Labour — Volume 9 · Source page
  49. Principle 3279The direct perpetrator. Definition. Example. - The vehicle’s movement is the act of its driver. He is deemed the direct perpetrator of every harm resulting therefrom. The bursting of its rear tyre, its loss of balance, aCommercial and Labour — Volume 9 · Source page
  50. Principle 3280The direct actor is liable for personal injury requiring blood money. - The direct actor is liable even if he did not act intentionally or transgress. - The direct actor is one whose act, performed personally, itself broCommercial and Labour — Volume 9 · Source page
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