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. ضرائب

    Principle 3397Income tax. Its limitation period begins on the day following the date on which the legislature required the person acted upon to submit to the Tax Director a statement of the income tax due from him. - Commencement of tCommercial and Labour — Volume 9 · Source page ٥٧١
  2. Principle 3399Demanding tax from the taxpayer. When it arises and becomes payable. - Commencement of prescription of income tax under the former Commercial Code, without its completion before the entry into force of the new Civil CodeCommercial and Labour — Volume 9 · Source page ٥٧١
  3. Principle 3400Commencement of the limitation period pursuant to Article 363 of the repealed Commercial Code concerning taxes and fees due to the State. From the date of the event giving rise to them. - Commencement of the three-year lCommercial and Labour — Volume 9 · Source page ٥٧١
  4. Principle 3402Customs duty and related fees are time-barred upon the lapse of 5 years from the date the goods on which duty is payable arrive in Kuwaiti territories. Amounts due to individuals in this regard. Their prescription after Commercial and Labour — Volume 9 · Source page ٥٧٢
  5. Principle 3403Legislation regulating tax assessment procedures. Its connection with public policy. Contravention thereof. Its effect. Nullity. - Assessment of customs duty on goods. Its method. By valuing them according to their valueCommercial and Labour — Volume 9 · Source page ٥٧٢
  6. Principle 3404The principle of the independence of financial years in tax on commercial and industrial profits. Exception. The rule of carrying forward losses and deducting them from the profits of subsequent years, subject to a maximCommercial and Labour — Volume 9 · Source page ٥٧٢
  7. Principle 3405Legislation regulating tax assessment procedures. Mandatory rules relating to public policy. The effect thereof. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customs dCommercial and Labour — Volume 9 · Source page ٥٧٢
  8. Principle 3406Member states of the World Trade Organization. They may defer application of the provisions of that agreement for a period of five years from its entry into force in respect of them. This period is extendable until the sCommercial and Labour — Volume 9 · Source page ٥٧٣
  9. Principle 3408Limitation of income tax. It begins to run from the date of the event giving rise to it, namely the day following the date on which the tax legislator required the taxpayer to submit a statement of the income tax payableCommercial and Labour — Volume 9 · Source page ٥٧٣
  10. Principle 3409Decisions of the Tax Appeals Committee established pursuant to Minister of Finance Decision No. 16/1997 concerning determination of the manner of taxpayers' objections to tax assessments. Constitute administrative decisiCommercial and Labour — Volume 9 · Source page ٥٧٤
  11. Principle 3410Income tax. Imposed on every foreign entity conducting commercial activities in the State of Kuwait. Those activities include providing services to any entity. Articles 1, 2/i, Law 3 of 1955. - Ascertaining the facts of Commercial and Labour — Volume 9 · Source page ٥٧٤
  12. Principle 3411The provision in Article 12 of Law 19 of 2000 concerning support for the national workforce and encouraging it to work in non-governmental entities, imposing a tax of 2.5% of annual net profits on Kuwaiti companies listeCommercial and Labour — Volume 9 · Source page ٥٧٤

  13. مصفى قضائي

    Principle 3412A foreign entity permitted to conduct commercial activities in Kuwait. Its obligation to pay income tax on those activities, including providing services. Articles 1, 2 of Law 3/1955 concerning income tax. - UnderstandinCommercial and Labour — Volume 9 · Source page ٥٧٤

  14. مراقبو الحسابات

    Principle 3413Dissolution of the company. Its effect. The sole person with capacity to represent it before the courts is the liquidator appointed to liquidate it, and the company retains its legal personality and domicile throughout tCommercial and Labour — Volume 9 · Source page ٥٧٥
  15. Principle 3414Application of the law. The general rule is its application with immediate effect. The exception. Its provisions extend to facts and legal situations that arose and were completed before its entry into force. AscertaininCommercial and Labour — Volume 9 · Source page ٥٧٥
  16. Principle 3415Assessment of the facts attributed to the auditor and whether or not they constitute one of the violations provided for by law warranting disciplinary trial, and referral of the auditor to the disciplinary committee. WitCommercial and Labour — Volume 9 · Source page ٥٧٥
  17. Principle 3417Regulation of the manner of practicing the auditing profession. Its subjection to State supervision so that the State may verify the conditions required by law, including obtaining a license from the Ministry of CommerceCommercial and Labour — Volume 9 · Source page ٥٧٥

  18. تحكيم

    Principle 3418Auditor. It is impermissible for an auditor to chair the board of directors of a joint-stock company, or to be its managing director, a member of its board of directors, or an employee therein. Article 18 of Law 5 of 198Commercial and Labour — Volume 9 · Source page ٥٧٥
  19. Principle 3419The Kuwaiti Central Bank is authorized to purchase the total distressed indebtedness of Kuwaiti customers to banks, investment companies and Kuwait Finance House. The criterion therefor. That such indebtedness be public Commercial and Labour — Volume 9 · Source page ٥٧٦
  20. Principle 3420The arbitral tribunal. Its jurisdiction to adjudicate civil and commercial disputes concerning which the law on their arbitration was enacted. - The judgment's characterization of the disputed contract as an administratiCommercial and Labour — Volume 9 · Source page ٥٧٦
  21. Principle 3421The means of challenging arbitrators pursuant to Article 17 of the Rules of the Commercial Arbitration Centre for the Gulf Cooperation Council States. Is recourse to the Centre's Secretary-General. The appellant's institCommercial and Labour — Volume 9 · Source page ٥٧٦
  22. Principle 3422Decisions issued by the Arbitration Committee of the Kuwait Stock Exchange. Final and enforceable, and may not be challenged by any of the methods of challenge provided in the Civil Procedure Code.Commercial and Labour — Volume 9 · Source page ٥٧٦
  23. Principle 3423The decision of the Arbitration Committee of the Kuwait Stock Exchange. Its draft must be signed by the committee's chair and members. It is valid if its original copy is signed by its chair and secretary and its draft iCommercial and Labour — Volume 9 · Source page ٥٧٦
  24. Principle 3424Appeal by cassation against judgments issued by the Court of Appeal. Permissible regardless of the subject matter in which the challenged judgment was issued, where it is based on a violation of the law or an error in itCommercial and Labour — Volume 9 · Source page ٥٧٦
  25. Principle 3425The draft decision of the Arbitration Committee—at the Kuwait Stock Exchange—containing the reasons for resolving the dispute must be signed by the chairman and members of the committee. Its signature by the majority. ThCommercial and Labour — Volume 9 · Source page ٥٧٧
  26. Principle 3426Appeal in cassation. In principle, it is limited to judgments issued by the Court of Appeal and final judgments, whatever the court that issued them, if they determined a dispute contrary to another judgment previously iCommercial and Labour — Volume 9 · Source page ٥٧٧
  27. Principle 3427Arbitral tribunal. Its role is confined to issuing the final award binding on both parties. Enforcement of the award and recovery of the awarded amount. Subject to the general rules. Example.Commercial and Labour — Volume 9 · Source page ٥٧٧
  28. Principle 3428Judicial jurisdiction. As a rule, it belongs to the ordinary judiciary. - The arbitral tribunal's jurisdiction to adjudicate disputes relating to transactions in company shares conducted on deferred terms. Exceptional juCommercial and Labour — Volume 9 · Source page ٥٧٧
  29. Principle 3429General jurisdiction to adjudicate all disputes concerning personal status, civil and commercial matters, and crimes. Vested in the courts, save for exceptions. - Disputes concerning deferred transactions in company sharCommercial and Labour — Volume 9 · Source page ٥٧٧
  30. Principle 3430Jurisdiction to hear disputes concerning forward share transactions. Vested in a chamber of the Court of First Instance composed of three judges, exercising the powers of the arbitration tribunal. Its judgments are finalCommercial and Labour — Volume 9 · Source page ٥٧٨
  31. Principle 3431The decision of the Arbitration Panel for Forward Share Transactions prohibiting the debtor from disposing of the debtor's assets. Its implication: divesting the debtor of the power to manage or dispose of these assets. Commercial and Labour — Volume 9 · Source page ٥٧٨
  32. Principle 3432Contracts concluded after Laws 11 of 1995 and 26 of 1995 came into force. Interested parties and enterprises established in free zones may agree to settle their disputes arising therefrom by arbitration. The arbitration Commercial and Labour — Volume 9 · Source page ٥٧٨
  33. Principle 3434The accession of the State of Kuwait to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. The provisions of the Convention are considered part of the laws of the State. - Commercial and Labour — Volume 9 · Source page ٥٧٨
  34. Principle 3436Documents that the applicant for enforcement of a foreign arbitral award must submit. The effect of their submission. A legal presumption arises in the applicant's favor as to the validity and enforceability of the arbitCommercial and Labour — Volume 9 · Source page ٥٧٩
  35. Principle 3437The State of Kuwait's accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Decree-Law 10 of 1978. Its intended purpose. The scope of application of the procedural rules follCommercial and Labour — Volume 9 · Source page ٥٧٩
  36. Principle 3438The documents which an applicant for enforcement of a foreign arbitral award must submit pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. And the effect of submitting thoCommercial and Labour — Volume 9 · Source page ٥٧٩
  37. Principle 3439The State of Kuwait’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Its effect. Each contracting State’s objection to the binding force of the arbitral award and ordeCommercial and Labour — Volume 9 · Source page ٥٧٩
  38. Principle 3440The arbitrators' decision acquiring finality pursuant to the Jordanian Arbitration Law. Its condition. Example concerning a request to affix the executory formula to a Jordanian arbitral award that did not satisfy the coCommercial and Labour — Volume 9 · Source page ٥٨٠
  39. Principle 3441Foreign arbitral award. The enforcement applicant's following the litigation procedures required to obtain an order enforcing the award and submitting the documents prescribed in Article 4 of the New York Convention. ItsCommercial and Labour — Volume 9 · Source page ٥٨٠

  40. - محل الالتزام

    Principle 3443Default interest. When it becomes payable. - Commercial debt. Delay in paying it on its due date. Gives rise to damage merely upon its occurrence. - The meaning of the subject matter of the obligation being of a known amCommercial and Labour — Volume 9 · Source page ٥٨٢
  41. Principle 3444When the subject matter of an obligation is of a known amount at the time the obligation arises. Or its assessment is based on fixed criteria agreed by the parties. Does not alter its being so. The debtor's dispute over Commercial and Labour — Volume 9 · Source page ٥٨٢
  42. Principle 3445Statutory interest on a commercial debt is awarded from its due date if the amount of the monetary obligation is known when it arises. Absence of this characteristic. Its effect. Interest runs from the date of the final Commercial and Labour — Volume 9 · Source page ٥٨٢
  43. Principle 3446The subject matter of the obligation being ascertainable in amount when the obligation arises. When this is established: the judiciary must not have broad discretion in assessing it, even if the debtor disputes its amounCommercial and Labour — Volume 9 · Source page
  44. Principle 3447Delay in paying a commercial debt beyond its due date causes damage by the mere occurrence of the delay. - A debt that has fallen due. What is meant thereby. It must be of a known amount at the inception of the obligatioCommercial and Labour — Volume 9 · Source page
  45. Principle 3448Default or statutory interest. Its condition. The subject matter of the obligation must be a sum of money ascertainable in amount when the obligation arises, and the debtor must delay payment thereof. The meaning of the Commercial and Labour — Volume 9 · Source page
  46. Principle 3449Awarding statutory interest from the date the commercial debt becomes due. Limited to where the subject matter of the monetary obligation was of a known amount when it arose. If not: interest runs from the date of the fiCommercial and Labour — Volume 9 · Source page
  47. Principle 3450Statutory interest is compensation imposed by the legislature on the debtor upon his delay in performing the obligation to pay a sum of money. It accrues without the need to prove that the creditor suffered harm.Commercial and Labour — Volume 9 · Source page
  48. Principle 3451An agreement on overt or concealed interest in the event of non-payment of the debt or delay in its payment. Void. Article 305, Civil Code.Commercial and Labour — Volume 9 · Source page
  49. Principle 3452Multiple sources of an obligation while its subject matter remains one. Effect thereof. The creditor may demand the entire debt from all the debtors or from any one of them, as they are liable for it in solidum, and noneCommercial and Labour — Volume 9 · Source page
  50. Principle 3453The subject matter of an obligation of a known amount when it arises, within the meaning of Article 110 of the Commercial Code. Its nature. Its amount must be determined on fixed bases, and the court must have no discretCommercial and Labour — Volume 9 · Source page
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