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. فوائد

    Principle 3340Agreement to increase interest above the rates announced by the Central Bank. Impermissible. Contravention thereof. Its effect. Reduction to the limit prescribed by the Bank’s decision. - Contractual interest exceeding tCommercial and Labour — Volume 9 · Source page ٥٦٣
  2. Principle 3341It is impermissible to claim interest accrued before the final claims before the court of first instance. The exception. Claiming the interest that accrued thereafter.Commercial and Labour — Volume 9 · Source page ٥٦٣
  3. Principle 3342The judge’s power to reduce interest, whether statutory or contractual, or not to award it. Conditions for its exercise. Fault on the creditor’s part is insufficient; his bad faith and deliberate intent to harm the debtoCommercial and Labour — Volume 9 · Source page ٥٦٣
  4. Principle 3343A commercial obligation for a sum of money. When its subject matter is of a known amount at its inception even if the debtor disputes its amount. Statutory interest is compensation for delay in performing an obligation tCommercial and Labour — Volume 9 · Source page ٥٦٣
  5. Principle 3344Agreement on an interest rate for a commercial loan. Permissible provided it does not exceed the rates announced by the Central Bank. Example.Commercial and Labour — Volume 9 · Source page ٥٦٣
  6. Principle 3345Statutory interest is resorted to only if the contract does not specify contractual interest.Commercial and Labour — Volume 9 · Source page ٥٦٣
  7. Principle 3346The subject matter of an acknowledgment must be something in which dealings are permissible. Dealing in usurious interest exceeding the legally prescribed rate is void for contravening public policy. The effect thereof iCommercial and Labour — Volume 9 · Source page ٥٦٣
  8. Principle 3347What is meant by the subject matter of the obligation being of a known amount at the time it arises is that determination of its amount rests on - 563 - Commercial fixed bases over which the judiciary has no power of assCommercial and Labour — Volume 9 · Source page ٥٦٣
  9. Principle 3349Agreement on interest exceeding the rates announced by the Central Bank. It must be reduced to the rates announced on the date the agreement was concluded. This concerns public policy. The effect thereof.Commercial and Labour — Volume 9 · Source page ٥٦٤
  10. Principle 3350Compensatory interest. Prohibition on charging interest on its accrued amounts. The basis for this. The rule prohibiting compound profit. - Default interest. Compensation for the debtor’s delay in performing his obligatiCommercial and Labour — Volume 9 · Source page ٥٦٤
  11. Principle 3351Default interest on a commercial debt becomes payable as soon as the debt falls due. The basis thereof. - A judgment awarding interest from the due date of a commercial debt of a known amount. No defect.Commercial and Labour — Volume 9 · Source page ٥٦٤
  12. Principle 3352Statutory interest accrues on the balance debt from the date the account is closed unless otherwise agreed, and it becomes an ordinary debt not subject to interest at the banking rate that applied to its individual entriCommercial and Labour — Volume 9 · Source page ٥٦٤
  13. Principle 3353The commission or benefit and the agreed interest. No prohibition on all the creditor between them, even if it exceeds the legally prescribed maximum for interest. Condition therefor. The commission or benefit must not bCommercial and Labour — Volume 9 · Source page ٥٦٤
  14. Principle 3354Default interest. Its accrual against the debtor under a commercial obligation for a sum of money of a known amount at the inception of the obligation, from the date it is demanded. The judgment’s award of it from the daCommercial and Labour — Volume 9 · Source page ٥٦٤
  15. Principle 3357Increasing interest on debts beyond a specified maximum. Prohibited. The prohibition relates to public policy. Concealing the violation under a lawful guise. Its effect. The contrary may be proved by testimony and presumCommercial and Labour — Volume 9 · Source page ٥٦٥
  16. Principle 3358Default interest on the amount of a bill of exchange. When payable: from the time payment becomes possible. Basis thereof. The judgment's departure from this and calculation of interest from the original due date. A violCommercial and Labour — Volume 9 · Source page ٥٦٥
  17. Principle 3359The maximum limit for default interest pursuant to Article 110 of the Commercial Code. Relates to public policy.Commercial and Labour — Volume 9 · Source page ٥٦٥
  18. Principle 3360Although the legislator prohibited—as a general rule—the collection of interest on accrued interest or interest exceeding the principal in aggregate, it excepted cases in which the Commercial Code permits collection of cCommercial and Labour — Volume 9 · Source page ٥٦٥
  19. Principle 3361The contention that the foreign judgment includes usurious interest, contrary to what is established in its text. An incorrect contention.Commercial and Labour — Volume 9 · Source page ٥٦٥
  20. Principle 3362Statutory interest is awarded from the time the obligation arises if the subject matter of the obligation is of a known amount when it arises. - What is meant by the subject matter of the obligation being of a known amouCommercial and Labour — Volume 9 · Source page ٥٦٥
  21. Principle 3363An unforeseen event. Its nature, scope, conditions and effect on suspension of the performance of contracts. Example concerning the Iraqi invasion as an unforeseen event and its effect on invoking waiver of statutory intCommercial and Labour — Volume 9 · Source page ٥٦٥
  22. Principle 3364Raising the statutory default interest rate to 7% from the date of judicial demand. Articles 110, 113, Commercial Code. Its inapplicability to transactions concluded before the promulgation of the Commercial Code. Their Commercial and Labour — Volume 9 · Source page ٥٦٥
  23. Principle 3365Statutory interest on a commercial debt is awarded from its due date if the subject matter of the monetary obligation was of a known amount when it arose. Absence of this characteristic. Its effect. Interest runs from thCommercial and Labour — Volume 9 · Source page ٥٦٦
  24. Principle 3366Default or statutory interest. Its condition. The subject matter of the obligation must be a sum of money of a known amount when the obligation arises, and the debtor must delay payment thereof. The meaning of the expresCommercial and Labour — Volume 9 · Source page ٥٦٦
  25. Principle 3367Default interest. Compensation for the debtor's delay in performing his obligation. - Delay in payment of a commercial debt beyond its due date gives rise to harm by its mere occurrence.Commercial and Labour — Volume 9 · Source page ٥٦٦
  26. Principle 3368A new claim. Its nature. An example of what constitutes a new claim: claiming interest for the first time on appeal.Commercial and Labour — Volume 9 · Source page ٥٦٦
  27. Principle 3369Statutory interest. Its accrual from the time the debt falls due. Its criterion. - Statutory interest. Its nature. Compensation for delay in performing an obligation for a monetary sum.Commercial and Labour — Volume 9 · Source page ٥٦٦
  28. Principle 3370Agreement on an interest rate exceeding the statutory interest rate. Void. This concerns public policy.Commercial and Labour — Volume 9 · Source page ٥٦٦
  29. Principle 3371The absence from Law 38/1964 concerning labour in the private sector of a provision governing the accrual of interest on financial obligations arising from an employment contract and owed to either party by the other. ItCommercial and Labour — Volume 9 · Source page ٥٦٦
  30. Principle 3373An agreement to receive interest in return for the use of a sum of money or for delay in fulfilling the obligation to pay it. Is void. Basis thereof: Article 305, Civil Code. The judgment's adherence to this view and itsCommercial and Labour — Volume 9 · Source page ٥٦٧
  31. Principle 3374Entitlement to default interest, whether statutory or contractual, depends on the debt whose payment the debtor delayed arising from a commercial obligation or commercial activity. A civil obligation. No default interestCommercial and Labour — Volume 9 · Source page ٥٦٧
  32. Principle 3376Loans granted by banks. An inherently commercial act, whether or not the borrower is a merchant and whether spent on commercial or civil activities; the bank is entitled to default interest thereon.Commercial and Labour — Volume 9 · Source page ٥٦٧
  33. Principle 3377The obligation of the debtor of a commercial debt to pay statutory interest of 7% as compensation for delay. The criterion therefor. The subject of this obligation must be a sum of money whose amount is known when the obCommercial and Labour — Volume 9 · Source page ٥٦٧
  34. Principle 3378Commercial debts. The general rule is that default interest accrues on them as soon as they fall due. Its condition. Their subject matter must be a monetary sum of a known amount at its inception. Absence thereof. Its efCommercial and Labour — Volume 9 · Source page ٥٦٧
  35. Principle 3379The Kuwaiti partner in companies established before the liberation of the country. He may request the competent court to expel the non-Kuwaiti partner in cases that endanger the company's activities or interests. That acCommercial and Labour — Volume 9 · Source page ٥٦٧
  36. Principle 3380Interest collected by a creditor on his debt. Interest may not be collected on accrued interest, nor may the total interest exceed the principal. Exception. Cases in which the Commercial Code permits the collection of coCommercial and Labour — Volume 9 · Source page ٥٦٨
  37. Principle 3382Entitlement to default interest, whether statutory or contractual. Its prerequisite. The debt which the debtor delayed paying must arise from a commercial obligation or commercial act. The obligation or act lacking this Commercial and Labour — Volume 9 · Source page ٥٦٨
  38. Principle 3383Merchants’ obligations towards one another relating to their commercial activities. They become time-barred upon the lapse of ten years. Article 188/1, Commercial Code. A loan obtained by a worker from the employer is a Commercial and Labour — Volume 9 · Source page ٥٦٨
  39. Principle 3384Activities relating to insurance in its various forms are considered commercial activities under Article 5 of the Commercial Code. Statutory interest of 7% is due for delay in payment of debts arising therefrom, from theCommercial and Labour — Volume 9 · Source page ٥٦٨
  40. Principle 3385Banking operations. Considered commercial acts, whether from the bank’s side or from its customers’ side. Art. 5 of the Commercial Code. - 568 - Commercial. Its import: loans concluded by banks are commercial acts by theCommercial and Labour — Volume 9 · Source page ٥٦٨
  41. Principle 3386The debtor's delay in performing a commercial obligation to pay a sum of money of a known amount at the inception of the obligation. Its effect. His obligation to pay the creditor statutory interest of 7% as compensationCommercial and Labour — Volume 9 · Source page ٥٦٩
  42. Principle 3387Default interest relates to a debt that has fallen due and constitutes compensation for the debtor's delay in paying it, and becomes due when the debt becomes due. Articles 110, 113 of the Commercial Code. - Delay in payCommercial and Labour — Volume 9 · Source page ٥٦٩
  43. Principle 3388Commercial debts. The general rule is that default interest accrues on them as soon as they fall due. Its condition. That their subject be a sum of money of a known amount at the time it arises. Absence thereof. Its effeCommercial and Labour — Volume 9 · Source page
  44. Principle 3389The provision of Article 110 of the Commercial Code. Its import. - The meaning of the amount constituting the subject matter of the obligation being ascertainable is that its determination is not subject to the absolute Commercial and Labour — Volume 9 · Source page
  45. Principle 3390Entitlement to default interest on a debt. Its prerequisite. The debt must arise from a commercial obligation or commercial act. The debt being civil. Its effect. Prohibition on claiming interest thereon as usury prohibiCommercial and Labour — Volume 9 · Source page
  46. Principle 3391The amount whose repayment is sought being subject to the Civil Code. Its effect. No interest is payable on it, as this constitutes usury prohibited under Sharia. (¿) TaxesCommercial and Labour — Volume 9 · Source page
  47. Principle 3392A company engaging in trade or industry in Kuwait. There is no joint and several liability between it and its shareholders for payment of income tax on those shareholders' shares in that company's profits.Commercial and Labour — Volume 9 · Source page
  48. Principle 3393Profits of companies in which other companies hold shares. Income belonging to the company that is subject to tax, and income for the shareholders after distribution. Tax on these profits. Prevention of its duplication bCommercial and Labour — Volume 9 · Source page
  49. Principle 3395The absence in Decree-Law 3/1955 of joint and several liability between commercial or industrial companies and their shareholders for payment of income tax. Its implication: such joint and several liability between theseCommercial and Labour — Volume 9 · Source page
  50. Principle 3396The relative effect of a measure interrupting limitation. Sending notices to the company not legally liable for the tax does not produce its effect of interrupting limitation in respect of the two companies holding shareCommercial and Labour — Volume 9 · Source page
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