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. مسئولية المباشر

    Principle 3281The direct perpetrator in Islamic jurisprudence. What is meant thereby. A person whose act, which he personally performed, brought about the harm and caused it without an intermediary, that is, without anything interveniCommercial and Labour — Volume 9 · Source page ٥٥٣

  2. قرض

    Principle 3282The direct actor. Obliged to provide indemnification for personal injury. His obligation to pay blood money or a part thereof in accordance with the provisions of Islamic Sharia and the contents of the blood-money scheduCommercial and Labour — Volume 9 · Source page ٥٥٤
  3. Principle 3284A loan is commercial if its purpose is to spend the borrowed sums on commercial activities. What matters in this respect is the borrower's apparent intention at the time of contracting, not the ultimate destination of thCommercial and Labour — Volume 9 · Source page ٥٥٤
  4. Principle 3285Interest, even if it exceeds the maximum right, does not deprive the contract of its character as a loan where evidence thereof exists.Commercial and Labour — Volume 9 · Source page ٥٥٤
  5. Principle 3286Agreement on an interest rate for a commercial loan. Permissible provided it does not exceed the rates announced by the Central Bank. Example. - 554 - CommercialCommercial and Labour — Volume 9 · Source page ٥٥٤
  6. Principle 3287A bank deposit and a deposit earmarked for a specific task. Nature of each. - When a contract ceases to be a bank deposit regarded as a loan under which the bank acquires ownership of the money, so that it assumes the poCommercial and Labour — Volume 9 · Source page ٥٥٥
  7. Principle 3288The current account. The rule is that it is indivisible and that payment of any individual entry may not be demanded while the account is running. Exception: the borrower's drawing up an instrument for the value of the lCommercial and Labour — Volume 9 · Source page ٥٥٥
  8. Principle 3289The loan. A commercial act by its nature because it is among banking transactions on which interest may be charged.Commercial and Labour — Volume 9 · Source page ٥٥٥
  9. Principle 3290Entry in the current account of a debt secured by contractual security. Its effect. It becomes one of its items, merges with the other items and gives rise to the balance debt. - The pledge securing the debt is not extinCommercial and Labour — Volume 9 · Source page ٥٥٥
  10. Principle 3291Inferring the intention to novate the loan contract. A matter of fact within the independent province of the trial judge. - Extinction of the mortgage-secured debt by novation as a result of concluding the loan contract Commercial and Labour — Volume 9 · Source page ٥٥٥
  11. Principle 3293A loan is commercial if its purpose is to expend the borrowed sums on commercial activities. What matters is the borrower's apparent intention at the time of contracting, not the ultimate disposition of the sums. The appCommercial and Labour — Volume 9 · Source page ٥٥٥
  12. Principle 3295Sale with a right of redemption. It is a sale in which the seller reserves the right to recover the thing sold from the buyer in return for repayment of the price. The legislature adopted the practice prevailing before tCommercial and Labour — Volume 9 · Source page ٥٥٦
  13. Principle 3297It is impermissible to deduct more than 10% of a worker’s wage in payment of debts or loans due to the employer. The employer is prohibited from charging any interest thereon.Commercial and Labour — Volume 9 · Source page ٥٥٦
  14. Principle 3298Loans granted by banks. A commercial act by its nature, whether or not the borrower is a merchant and whether they are spent on commercial or civil activities. The bank is entitled to default interest on them whenever thCommercial and Labour — Volume 9 · Source page ٥٥٦
  15. Principle 3300Banking operations. Commercial acts, both on the part of the bank and on the part of its customers. - A loan is a commercial act regardless of the borrower’s capacity or the purpose for which the loan was allocated. - SuCommercial and Labour — Volume 9 · Source page ٥٥٦
  16. Principle 3301The beneficiary obtaining a dwelling and a loan and the expiry of two years from the allocation of the plot and its placement at the beneficiary's disposal, or receipt of the first instalment of the loan. Its effect. TheCommercial and Labour — Volume 9 · Source page ٥٥٧
  17. Principle 3302Debts that Law 41 of 1993 authorized the Central Bank of Kuwait to purchase. Their nature: those that led to disruption of financial conditions in the State's banking system. What does not fall within those debts. - A loCommercial and Labour — Volume 9 · Source page ٥٥٧
  18. Principle 3303Provision of housing welfare to those entitled to it. Its purpose. Achieving the public interest. Its effect. The Credit and Savings Bank may set conditions ensuring achievement of this purpose. It may stipulate that theCommercial and Labour — Volume 9 · Source page ٥٥٧
  19. Principle 3305The general rule is that the new law applies to legal positions formed after its entry into force and to future effects arising from previous legal positions. The exception: The effects of transactions concluded under thCommercial and Labour — Volume 9 · Source page ٥٥٨
  20. Principle 3306Treating a loan as commercial. Its condition. Its purpose must be to spend the borrowed amounts on commercial activities. The determining factor is the borrower's apparent intention at the time of the contract, not the eCommercial and Labour — Volume 9 · Source page ٥٥٨
  21. Principle 3307Interest on a commercial loan is 7% where its rate is not specified in the contract. The contracting parties may agree on another interest rate. The condition thereof: that this rate not exceed the rates announced by theCommercial and Labour — Volume 9 · Source page ٥٥٨
  22. Principle 3308Closure of the current account. Its effect. - Agreement in the loan contract that the bank is entitled to interest of 4% during the contract’s term. Its absence of an agreement on interest on the debt represented by the Commercial and Labour — Volume 9 · Source page ٥٥٩
  23. Principle 3309The seller's reservation, upon sale, of the right to recover the sold property in exchange for repayment of the price and expenses. Its implication. It is a sale with a right of redemption. The contract is deemed a loan Commercial and Labour — Volume 9 · Source page ٥٥٩
  24. Principle 3310A loan granted by a bank. A commercial act by its nature. Rationale therefor: it is a banking transaction regardless of its purpose, whether civil or commercial. Consequence thereof. Interest is payable for delay in its Commercial and Labour — Volume 9 · Source page ٥٥٩
  25. Principle 3311Treating a loan as commercial. Its condition. Its purpose must be to spend the borrowed sums on commercial activities. What matters is the borrower’s apparent intention at the time of contracting, not the eventual use ofCommercial and Labour — Volume 9 · Source page ٥٥٩
  26. Principle 3312A loan contract is binding on both parties and creates reciprocal obligations on the part of both lender and borrower, requiring the existence of 2 separate patrimonies. The capacities of lender and borrower being combinCommercial and Labour — Volume 9 · Source page ٥٥٩

  27. فوائد

    Principle 3313Loans granted by banks. A commercial activity by its nature. Reason therefor. It is a banking transaction, whether or not the borrower is a merchant and whether spent on commercial or civil activities. Consequence thereoCommercial and Labour — Volume 9 · Source page ٥٥٩
  28. Principle 3315Statutory interest. It begins to accrue from the date of the final judgment assessing compensation, not from the time the obligation arose, if the amount claimed as compensation is subject to the judge's assessment.Commercial and Labour — Volume 9 · Source page ٥٦٠
  29. Principle 3316Accrual of statutory interest from the date of the judicial demand for it. Its condition. That the subject matter of the obligation be of a known amount at the time it arises. The existence of a dispute concerning what iCommercial and Labour — Volume 9 · Source page ٥٦٠
  30. Principle 3317Disputing the share of profits due before both levels of litigation and before the expert. Its effect. The amount is not considered ascertained when the obligation arose. Awarding interest due thereon from the date of thCommercial and Labour — Volume 9 · Source page ٥٦٠
  31. Principle 3318The absence from the papers of anything indicating an express or implied waiver of the claim for interest. No waiver. A request for the appointment of an expert to calculate his entitlement to profits. Does not indicate Commercial and Labour — Volume 9 · Source page ٥٦٠
  32. Principle 3319Claiming supplementary compensation in addition to statutory or agreed interest. Its condition is proof that the delay in payment resulted from the debtor's fraud or gross fault and caused exceptional damage to the crediCommercial and Labour — Volume 9 · Source page ٥٦٠
  33. Principle 3320Entitlement to default interest. Its conditions. The debtor's delay in interest in his obligation and the creditor's judicial demand for it.Commercial and Labour — Volume 9 · Source page ٥٦٠
  34. Principle 3321A claim for bank interest. A specific and not indeterminate claim, even if the elements determining its amount have not been specified.Commercial and Labour — Volume 9 · Source page ٥٦٠
  35. Principle 3322Awarding statutory interest. When is it from the date of the judicial demand? And when is it from the date of the final judgment? - 560 - CommercialCommercial and Labour — Volume 9 · Source page ٥٦٠
  36. Principle 3324Novation of an obligation. Its condition. Both the old and new obligations must be free from grounds of invalidity. Reason therefor. Issuing a cheque for default interest exceeding the maximum limit for default interest Commercial and Labour — Volume 9 · Source page ٥٦١
  37. Principle 3325Entitlement to default interest. Does not depend on the creditor having suffered harm. The requirement that the creditor suffer harm applies only when supplementary compensation exceeding interest is claimed. The burden Commercial and Labour — Volume 9 · Source page ٥٦١
  38. Principle 3326Delay in performing a commercial obligation whose subject matter is a sum of money of an ascertained amount at the time the obligation arose. Its effect. The debtor’s obligation to pay the creditor statutory interest by Commercial and Labour — Volume 9 · Source page ٥٦١
  39. Principle 3327The agreed commission or benefit and interest. The creditor is not prohibited from combining them even if this exceeds the legally prescribed maximum interest. The condition therefor. That the commission or benefit not bCommercial and Labour — Volume 9 · Source page ٥٦١
  40. Principle 3328The judgment's statement in its reasons that the default interest rate must be calculated within the limit of 7%, followed by its award of interest at 7%, 10%, 12%, is a contradiction vitiating the judgment. - An award oCommercial and Labour — Volume 9 · Source page ٥٦١
  41. Principle 3329The new law applies to everything occurring from the date of its entry into force unless otherwise provided. The effects of transactions remain subject to the law under which they were concluded, unless the provisions ofCommercial and Labour — Volume 9 · Source page ٥٦١
  42. Principle 3330Agreement on an interest rate other than the rate prescribed for statutory interest. Permissible in a commercial obligation.Commercial and Labour — Volume 9 · Source page ٥٦٢
  43. Principle 3331Entry of transactions and their merger into the current account and loss of their identity. And their independence therein. Its effect. Application to them of the rules governing current-account interest. - Compound inteCommercial and Labour — Volume 9 · Source page
  44. Principle 3332Default interest. Compensation for the debtor’s delay in performing his obligation. It becomes payable as soon as the debt falls due, whether statutory or contractual. - A creditor’s claim for supplementary compensation Commercial and Labour — Volume 9 · Source page
  45. Principle 3333Interest, even if exceeding the maximum limit, does not deprive the contract of its characterization as a loan where evidence thereof exists.Commercial and Labour — Volume 9 · Source page
  46. Principle 3335Effectiveness of the true contract between the contracting parties and their universal successors. Its condition. - The concealed contract between contracting parties in the event of evasion of the law. Its proof. PermisCommercial and Labour — Volume 9 · Source page
  47. Principle 3336Interest on payments into a current account arises only by agreement. Inferring the existence or absence of this agreement. Within the authority of the trial court. Provided it is reasonable.Commercial and Labour — Volume 9 · Source page
  48. Principle 3337Interest on a current account overdrawn on the part of both parties or on the part of one party arises only by agreement.Commercial and Labour — Volume 9 · Source page
  49. Principle 3338Statutory interest on a commercial debt is awarded from its due date if the amount of the monetary obligation was ascertainable when it arose. Absence of this characteristic. Effect thereof. Interest runs from the date oCommercial and Labour — Volume 9 · Source page
  50. Principle 3339Issuing a cheque is considered an inherently commercial act in all circumstances. The effect thereof. Interest is payable on the debt, and the Commercial Circuit of the Court of First Instance has jurisdiction to hear thCommercial and Labour — Volume 9 · Source page
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