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. - محل الالتزام

    Principle 3454Awarding statutory interest from the due date of the commercial debt. Confined to cases where the subject matter of the monetary obligation was of a known amount at its inception; otherwise, interest accrues from the datCommercial and Labour — Volume 9 · Source page ٥٨٣
  2. Principle 3455The subject matter of agency. Its nature. A legal act that may entail the performance of material acts considered ancillary thereto and not constituting an obligation to pay a sum of money. Consequence thereof. No defaulCommercial and Labour — Volume 9 · Source page ٥٨٣
  3. Principle 3456Awarding statutory interest from the due date of a commercial debt. Restricted to cases where the subject matter of the monetary obligation was of an ascertained amount when it arose. Where it was not so. Its effect. IntCommercial and Labour — Volume 9 · Source page ٥٨٤
  4. Principle 3457The possibility of performing the obligation is one of the conditions that must be satisfied by its subject matter. The reason therefor. There can be no obligation to do the impossible; otherwise, the contract is void.Commercial and Labour — Volume 9 · Source page ٥٨٤
  5. Principle 3458Statutory interest. Its award from the due date of the commercial debt. Restricted to cases where the subject matter of the monetary obligation is of a known amount when it arises. What this means. That determination of Commercial and Labour — Volume 9 · Source page ٥٨٤
  6. Principle 3459The 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 ٥٨٤
  7. Principle 3460Consensual contracts are completed and concluded merely by the concurrence of offer and acceptance. The subject matter of the obligation need not be specified therein. It is sufficient that it be capable of determinationCommercial and Labour — Volume 9 · Source page ٥٨٤
  8. Principle 3461Commercial debts. In principle, default interest runs on them as soon as they become due. Its condition. That their subject matter be a sum of money of a known amount when they arose. Failure thereof. Its effect. InteresCommercial and Labour — Volume 9 · Source page ٥٨٤

  9. - الالتزام بالأداء المعادل عند بطلان العقد (أثر زوال الالتزام)

    Principle 3462Total destruction of the leased property during the lease term for a cause attributable to neither contracting party. Its effect. Dissolution of the contract by operation of law. The reason therefor. The absence of the sCommercial and Labour — Volume 9 · Source page ٥٨٤
  10. Principle 3463Nullity or annulment of a contract. Its implication. Cessation of its effect, restoration of the position to what it was before contracting, and recovery by each contracting party of what he gave. - Impossibility of restCommercial and Labour — Volume 9 · Source page ٥٨٥

  11. - الفعل النافع (الإثراء بلا سبب ودفع غير المستحق)

    Principle 3464Invalidity of a contract concluded by a non-Kuwaiti for violating the prohibition in the Commercial Code or any other legislation preventing a non-Kuwaiti from engaging in trade in Kuwait requires restoring everything toCommercial and Labour — Volume 9 · Source page ٥٨٥
  12. Principle 3467The exception to an action for unjust enrichment to claim compensation for the benefit forgone from performing brokerage activities whose practice was adjudged void for contravening public policy. These activities are unCommercial and Labour — Volume 9 · Source page ٥٨٥
  13. Principle 3469Acceptance of cheques in satisfaction of a debt despite knowledge that there are no funds to cover them, and exemption from guarantee. Its effect. Extinguishment of the debt and discharge therefrom without being dependenCommercial and Labour — Volume 9 · Source page ٥٨٦
  14. Principle 3470The rules of unjust enrichment. Their application to commercial and non-commercial relations. - The proposition that where a contractual relationship exists between the parties to the dispute, an unjust-enrichment actionCommercial and Labour — Volume 9 · Source page ٥٨٦
  15. Principle 3471Nullity or annulment of the contract. Its import. Elimination of the contract from the time of its conclusion. Effect thereof. Restoration of the contracting parties to their positions before the contract. Impossibility Commercial and Labour — Volume 9 · Source page ٥٨٦
  16. Principle 3472The obligation to provide equivalent performance. Its source is unjust enrichment. - Establishing fault on the part of the contracting party required to make restitution or provide equivalent performance upon nullity of Commercial and Labour — Volume 9 · Source page ٥٨٦
  17. Principle 3474Pursuing the payment-order procedure. Its condition. The debt must be a sum of money, established in writing, due for payment, and of a specified amount. Absence of any of these conditions. Its effect. Following the ordiCommercial and Labour — Volume 9 · Source page ٥٨٦
  18. Principle 3476Anyone who receives something not due is obliged to return it. This is not altered by the absence of entitlement arising from the reality of the obligation itself or from a legal consideration. - The appellant’s insistenCommercial and Labour — Volume 9 · Source page ٥٨٧
  19. Principle 3477Nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition in the Commercial Code or any other legislation preventing him from engaging in commerce in Kuwait. Its consequence. Restoration of everytCommercial and Labour — Volume 9 · Source page ٥٨٧

  20. - الالتزام بتحقيق غاية (الالتزام بنتيجة)

    Principle 3478The obligation of anyone enriched at another’s expense without lawful cause to pay the impoverished person, within the limits of his enrichment, what eliminates that person’s loss. Art., 262, Civil Code. - Cause is the lCommercial and Labour — Volume 9 · Source page ٥٨٧
  21. Principle 3479The sea carrier's obligation is an obligation to achieve a result. The carrier's liability remains in place until the consignee actually receives the goods. Damage sustained by the goods while in the port warehouses. TheCommercial and Labour — Volume 9 · Source page ٥٨٨
  22. Principle 3480The carrier's obligation. An obligation to achieve a result. The carrier is relieved of liability only if it proves that the loss of or damage to the goods is attributable to force majeure, an inherent defect, or the conCommercial and Labour — Volume 9 · Source page ٥٨٨
  23. Principle 3481Contract for the carriage of persons. What it entails. The carrier's obligation to guarantee the passenger's safety. Nature of this obligation: an obligation to achieve a result. It suffices for the passenger to establisCommercial and Labour — Volume 9 · Source page ٥٨٨
  24. Principle 3482The contract of carriage by sea. Its effect. The carrier’s obligation to guarantee that the goods arrive intact to the consignee. - The nature of this obligation. An obligation to achieve a result; the carrier is not relCommercial and Labour — Volume 9 · Source page ٥٨٨
  25. Principle 3484The contract of carriage. The carrier's obligation thereunder to achieve a result, namely transporting the thing and delivering it intact to the consignee. Its implication. The carrier's liability continues until the gooCommercial and Labour — Volume 9 · Source page ٥٨٨

  26. - الالتزام ببذل عناية

    Principle 3485Contract for the carriage of persons. The carrier's obligation to guarantee the passenger's safety. An obligation to achieve a result. Consequence thereof. It suffices for the passenger to prove that he was injured durinCommercial and Labour — Volume 9 · Source page ٥٨٩

  27. - الالتزام التجاري

    Principle 3487The air carrier's obligation - an obligation of means - the effect thereof. To avert its liability, it suffices to prove that it and its employees took all necessary measures to avoid the harm. - The commercial obligatioCommercial and Labour — Volume 9 · Source page ٥٨٩
  28. Principle 3488Commercial obligations and contracts. The provisions of the Civil Code apply to them, except as provided by the Commercial Code. Article 96, Commercial Code.Commercial and Labour — Volume 9 · Source page ٥٨٩
  29. Principle 3489Limitation of merchants' rights after one year. Its condition. They must concern things supplied by them to persons who do not trade in them but use them for their own consumption. Reason therefor. Supply to persons tradCommercial and Labour — Volume 9 · Source page ٥٨٩
  30. Principle 3490Withdrawal from any of those liable for the entire debt. A right of the creditor of a commercial debt. Basis therefor. - 589 - CommercialCommercial and Labour — Volume 9 · Source page ٥٨٩
  31. Principle 3492Activities relating to the formation of companies and the sale or purchase of their shares or bonds. Commercial activities irrespective of the capacity or intention of the person undertaking them. - Default interest becoCommercial and Labour — Volume 9 · Source page ٥٩٠
  32. Principle 3495Merchants' obligations relating to their commercial activities. Are time-barred upon the lapse of ten years from the date the obligation falls due for performance. - Ordinary limitation applies to acts lacking a commerciCommercial and Labour — Volume 9 · Source page ٥٩٠
  33. Principle 3496The contract being commercial for one contracting party but not the other. This entails application of the Commercial Code provisions to the obligations of the other contracting party arising from that contract.Commercial and Labour — Volume 9 · Source page ٥٩٠
  34. Principle 3497Entitlement to default interest, whether statutory or contractual, depends on the debt whose payment the debtor has delayed arising from a commercial obligation or commercial act. Contravention entails absolute nullity bCommercial and Labour — Volume 9 · Source page ٥٩٠
  35. Principle 3498Statutory interest on a commercial debt. It is payable from its due date if its subject matter is a monetary obligation of a known amount at its inception. Its amount not being known. Its effect. Awarding it from the datCommercial and Labour — Volume 9 · Source page ٥٩١
  36. Principle 3500Default interest, statutory or contractual. Its criterion. The debt must arise from a commercial obligation or a commercial act. Claiming it is prohibited if the debt is civil, and any agreement to the contrary is void. Commercial and Labour — Volume 9 · Source page ٥٩١
  37. Principle 3501Commercial 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 sum of money of a known amount when it arises. Failure of that conditionCommercial and Labour — Volume 9 · Source page ٥٩١
  38. Principle 3502Banking operations. Commercial acts, whether on the part of the bank or on the part of its customers. - Loans. A commercial act regardless of the borrower's capacity or the purpose for which the loan was allocated. - SurCommercial and Labour — Volume 9 · Source page ٥٩١
  39. Principle 3504Interest for delay in payment of a commercial debt. It becomes payable as soon as the debt falls due. Reason therefor. - 591 - CommercialCommercial and Labour — Volume 9 · Source page ٥٩١
  40. Principle 3505Entitlement 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 ٥٩٢

  41. - الالتزام المدني

    Principle 3506Entitlement to default interest, whether statutory or contractual. Its criterion. The debt must arise from a commercial obligation or a commercial act. The absence of this character from the obligation or act. Its effectCommercial and Labour — Volume 9 · Source page ٥٩٢

  42. - التزامات البائع والمشتري

    Principle 3508Entitlement to default interest, whether statutory or agreed, is conditional upon the debt whose payment the debtor delayed arising from a commercial obligation or a commercial act. A civil obligation. No default interesCommercial and Labour — Volume 9 · Source page ٥٩٢
  43. Principle 3509Payment of a debt by cheque is conditional upon collection of the cheque’s value. - The general rule is that the endorser of a cheque guarantees to the endorsee and every subsequent holder the existence of the right estaCommercial and Labour — Volume 9 · Source page
  44. Principle 3510Difference in the type of goods agreed upon with the seller. Reference in this respect is to the agreement concluded between the parties or to commercial custom. - The absence in the Commercial Law, concerning commercialCommercial and Labour — Volume 9 · Source page
  45. Principle 3511The warranty against eviction is an obligation incumbent upon the seller arising from the contract of sale. The purchaser’s recourse against the seller under it. Its inclusion of a demand for performance of his obligatioCommercial and Labour — Volume 9 · Source page
  46. Principle 3512Documentary credit. Its nature. Independence of this contract from the contract because of which the credit was opened. Opening a documentary credit may be a means of settling the price between seller and buyer pursuant Commercial and Labour — Volume 9 · Source page
  47. Principle 3513Documents stipulated in the contract for opening a documentary credit. The bank's obligation to verify their conformity with the instructions of the applicant for the credit. Extent of this obligation.Commercial and Labour — Volume 9 · Source page
  48. Principle 3514Specification of a particular validity period in the letter of guarantee. Its effect. The issuing bank’s obligation remains during that period and then lapses unless renewed before its expiry. - Credit facility agreementCommercial and Labour — Volume 9 · Source page
  49. Principle 3515The bank's obligation to pay the beneficiary what it has undertaken to pay. It must be fulfilled during the validity period of the guarantee. Receipt of the demand after the last day of the guarantee period. Its effect. Commercial and Labour — Volume 9 · Source page
  50. Principle 3516Contractual liability and tortious liability. The legislature assigned each its own provisions, independent legal regime, and defined scope for its rules. Consequence thereof. The existence of a contractual relationship Commercial and Labour — Volume 9 · Source page
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