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

Search this collection

  1. - الالتزام الصرفي

    Principle 3519The creation of a commercial instrument. In discharge of a prior obligation. It results in the creation of a new obligation. This is the obligation under the instrument, with the permissibility of the original obligationCommercial and Labour — Volume 9 · Source page ٥٩٤
  2. Principle 3520Creation of a commercial instrument as a means of discharging a prior obligation. Its effect. A new obligation arises, namely the negotiable-instrument obligation, alongside and independent of the original obligation. ThCommercial and Labour — Volume 9 · Source page ٥٩٥
  3. Principle 3521Creation of a commercial instrument in discharge of a prior obligation entails the creation of a new obligation, namely the obligation under the negotiable instrument, alongside the original obligation. The creditor may Commercial and Labour — Volume 9 · Source page ٥٩٥
  4. Principle 3522Creation of a commercial instrument as a means of discharging a prior original obligation. Its effect. An obligation under the negotiable instrument arises alongside the original obligation. - The creditor has the optionCommercial and Labour — Volume 9 · Source page ٥٩٥
  5. Principle 3523Execution of a commercial instrument as a means of discharging a prior obligation. Its necessary consequence. The existence of a negotiable-instrument obligation alongside the original obligation. The effect thereof. TheCommercial and Labour — Volume 9 · Source page ٥٩٥
  6. Principle 3524The negotiable-instrument obligation and the underlying obligation in commercial instruments. Their source is one. The implication thereof is that defenses arising from the underlying obligation transfer, as between the Commercial and Labour — Volume 9 · Source page ٥٩٥
  7. Principle 3525Endorsement of a commercial instrument, whether a cheque or a bill of exchange, purges it of matters relating to grounds for rescission or invalidity of the negotiable-instrument obligation and all defences based on the Commercial and Labour — Volume 9 · Source page ٥٩٥
  8. Principle 3526Creation of a commercial instrument. Its effect: an obligation under the instrument arises alongside the original obligation. The creditor may have recourse against his debtor by an action on the instrument or on the oriCommercial and Labour — Volume 9 · Source page ٥٩٥
  9. Principle 3527Creation of a commercial instrument as a means of discharging a prior obligation. Its effect. A new, independent obligation arises, namely the obligation under the negotiable instrument, alongside the original obligationCommercial and Labour — Volume 9 · Source page ٥٩٦
  10. Principle 3528Creation of a commercial instrument as a means of discharging a prior obligation. Effect thereof. A new obligation arises, namely the obligation under the negotiable instrument, alongside and independent of the original Commercial and Labour — Volume 9 · Source page ٥٩٦
  11. Principle 3529Creation of a commercial instrument as a means of discharging a prior obligation gives rise to a new obligation, namely the negotiable-instrument obligation, alongside the original obligation. The implication thereof.Commercial and Labour — Volume 9 · Source page ٥٩٦
  12. Principle 3530Creation of a commercial instrument as a means of discharging a prior obligation. It results in the creation of a new obligation, namely the obligation under the negotiable instrument. Its implication: the creditor may hCommercial and Labour — Volume 9 · Source page ٥٩٦
  13. Principle 3531A commercial instrument. It must contain certain particulars that render it self-sufficient and precisely define the obligation established therein so that it can perform the functions of payment and credit. Absence of oCommercial and Labour — Volume 9 · Source page ٥٩٦

  14. - التزام الساحب

    Principle 3532The creation of a commercial instrument as a means of discharging a prior obligation. Its import. The existence of the obligation under the instrument alongside the ordinary obligation. The creditor has the choice of extCommercial and Labour — Volume 9 · Source page ٥٩٦
  15. Principle 3534The drawer's negligence in safeguarding the checkbook delivered to him by the bank entails liability on his part, rather than on the part of the drawee bank, toward injured endorsees. The drawer's obligation to safeguardCommercial and Labour — Volume 9 · Source page ٥٩٧

  16. - الالتزام النقدي

    Principle 3537The cheque drawer's obligation. When it is extinguished: upon the drawee's receipt of the cheque's value. - An instrument drawn by a bank on itself for payment of a specified sum at a customer's request for presentation Commercial and Labour — Volume 9 · Source page ٥٩٧
  17. Principle 3539A commercial obligation for a sum of money. When its subject matter is ascertainable in amount at its inception, even if the debtor disputes its amount. Statutory interest is compensation for delay in performing the obliCommercial and Labour — Volume 9 · Source page ٥٩٧
  18. Principle 3540Claiming statutory interest from the date of the judicial demand. Limited to the case where the monetary obligation was of a known amount when it arose; otherwise, interest runs from the date of the final judgment.Commercial and Labour — Volume 9 · Source page ٥٩٧

  19. - الالتزام بأجر السمسار

    Principle 3543An obligation of a known amount at the time the obligation arises. Its meaning. - Awarding statutory interest from the date of the claim. Its restriction to the case where the subject matter of the monetary obligation isCommercial and Labour — Volume 9 · Source page ٥٩٨

  20. - التزامات الكفيل

    Principle 3544The broker's remuneration. The criterion for entitlement thereto: his completion of the transaction, irrespective of its performance, rescission or nullity for a reason of which he was unaware or which arose after its coCommercial and Labour — Volume 9 · Source page ٥٩٨
  21. Principle 3545Payment of the debt by the guarantor without notifying the debtor does not extinguish his right of recourse against the debtor for what he paid, unless the latter proves that he had paid the debt or had grounds that woulCommercial and Labour — Volume 9 · Source page ٥٩٨
  22. Principle 3546The surety’s obligation. An unconditional obligation falling due as soon as the original obligation falls due. First demanding payment from the debtor is not necessary for the creditor’s recourse against the surety in coCommercial and Labour — Volume 9 · Source page ٥٩٨
  23. Principle 3550The surety's joint and several liability with the debtor. Its effect. The creditor may demand the debt from the surety alone. The surety may not resist the demand by requiring prior recourse against the debtor or exhaustCommercial and Labour — Volume 9 · Source page ٥٩٩

  24. - التزام أصلي والتزام تابع

    Principle 3553Nullity or voidability of the secured obligation. Its effect. The surety's obligation acquires the same character. The rationale therefor: the dependence of the surety's obligation on the principal obligation as to validCommercial and Labour — Volume 9 · Source page ٥٩٩
  25. Principle 3554The bank's relationship with the beneficiary under a letter of guarantee. Independent of its relationship with the customer. Its obligation to pay the beneficiary. A primary obligation.Commercial and Labour — Volume 9 · Source page ٥٩٩
  26. Principle 3555Suretyship presupposes the existence of a secured obligation owed by the principal debtor and the existence of a contract between the surety and the creditor creating an obligation on the surety to perform the original oCommercial and Labour — Volume 9 · Source page ٥٩٩
  27. Principle 3557Letter of guarantee. Its nature. The obligation arising from it is independent of the relationship between the bank and the customer and that between the latter and the beneficiary. Issuance of the letter of guarantee atCommercial and Labour — Volume 9 · Source page ٦٠٠
  28. Principle 3558The creditor's delivery to the debtor. Its effect. Extinguishment of the debt and its suretyship. The basis thereof. The surety's obligation is accessory to the original obligation.Commercial and Labour — Volume 9 · Source page ٦٠٠
  29. Principle 3559A letter of guarantee. Its nature. An undertaking issued by the bank at the customer’s request to pay a specified amount to the beneficiary whenever the latter requests it within the period specified therein. The bank’s Commercial and Labour — Volume 9 · Source page ٦٠٠

  30. - التزامات الناقل

    Principle 3562A deposit of money. An irregular deposit unless there is evidence to the contrary. Its difference from a deposit of valuables regarding ownership and its transfer. The effect thereof. The depositary's obligation to returCommercial and Labour — Volume 9 · Source page ٦٠٠
  31. Principle 3563The maritime carrier's obligation to deliver the goods intact necessitates unloading them. Its import. The intervention of the unloading contractor - 600 - Commercial is for the carrier's account and under its responsibiCommercial and Labour — Volume 9 · Source page ٦٠٠
  32. Principle 3564The sea carrier's obligation. It encompasses loading, assembling, stowing, carrying, preserving, caring for, and unloading the goods. The implication thereof: the contract of carriage by sea addresses liability between iCommercial and Labour — Volume 9 · Source page ٦٠١
  33. Principle 3565The air carrier's obligation is an obligation to guarantee the goods from their receipt until their delivery to the consignee. Its liability for damage occurring during this period is based on presumed fault on its part.Commercial and Labour — Volume 9 · Source page ٦٠١
  34. Principle 3567The maritime carrier’s obligation under the Brussels Convention to deliver the goods. Its scope is defined by the sea voyage, with damage presumed to have occurred. The carrier may disprove its occurrence.Commercial and Labour — Volume 9 · Source page ٦٠١
  35. Principle 3568The carrier's obligation is an obligation to achieve a result by transporting the thing and delivering it intact to its owner. Destruction of the thing before actual delivery entails its liability. It may avoid liabilityCommercial and Labour — Volume 9 · Source page ٦٠١
  36. Principle 3569The contract of carriage places upon the carrier an obligation that the things carried reach the consignee. Nature of this obligation. An obligation to achieve a result. Damage to or loss of the things. It is sufficient Commercial and Labour — Volume 9 · Source page ٦٠١
  37. Principle 3570The carrier's obligation is an obligation to achieve a result. It is relieved of liability only if it proves that the loss of or damage to the thing is attributable to force majeure, an inherent defect, or the consignee'Commercial and Labour — Volume 9 · Source page ٦٠١
  38. Principle 3571The carrier's obligation is an obligation to achieve a result. It is not lifted unless it proves that the damage to the goods is attributable to force majeure, an inherent defect, or the consignor's fault.Commercial and Labour — Volume 9 · Source page ٦٠٢
  39. Principle 3572The sea carrier's obligation to achieve a result. Implication: the carrier's fault is presumed unless he rebuts it by force majeure or an external cause. The provisions of the second paragraph of Article Four of the BrusCommercial and Labour — Volume 9 · Source page ٦٠٢
  40. Principle 3573Exemption of the carrier from liability for loss or damage arising from fire. Its prerequisite. Proof of a causal relationship between the damage and the fire. Its import: the burden of proving that the fire occurred thrCommercial and Labour — Volume 9 · Source page ٦٠٢
  41. Principle 3574The air carrier's obligation. Its nature and limits. Breach thereof rests on presumed fault on its part, subject to proof to the contrary.Commercial and Labour — Volume 9 · Source page ٦٠٢
  42. Principle 3575The basic rule in determining compensation for goods under the Warsaw Convention, to which Kuwait has acceded. The weight of the consignment. - Assessment of compensation on the basis of the value specified by the consigCommercial and Labour — Volume 9 · Source page ٦٠٢
  43. Principle 3576The contract of carriage obliges the carrier to provide a seaworthy vessel before the commencement of the voyage. The reason for this. Assessment of whether or not the carrier complied with this. A matter of fact.Commercial and Labour — Volume 9 · Source page
  44. Principle 3581Commission agency for carriage. Its nature: a contract whereby the agent undertakes to contract, in his own name or in his principal's name, with a carrier to transport a thing or a person to a specified destination in rCommercial and Labour — Volume 9 · Source page
  45. Principle 3582The sea carrier. Liable for loss of or damage to the goods discovered at the port of arrival, because the damage is presumed to have occurred between loading and unloading, unless it is established that this occurred durCommercial and Labour — Volume 9 · Source page
  46. Principle 3584The sea carrier. Its obligation to deliver the shipped goods to the consignee at the port of arrival, and its liability for any loss or damage affecting them discovered upon arrival. The basis for this. The presumption tCommercial and Labour — Volume 9 · Source page
  47. Principle 3587The sea carrier. Its obligation under the contract of carriage to transport the goods from the port of loading, in the condition in which they were handed over, to the consignee at the port of arrival within the specifieCommercial and Labour — Volume 9 · Source page
  48. Principle 3588The agent's obligation to submit a statement of account to his principal. It does not lapse unless the principal exempts him from it. The burden of proving this exemption rests on the agent.Commercial and Labour — Volume 9 · Source page
  49. Principle 3590Remunerated agency and gratuitous agency. The nature of the agent’s obligation in each.Commercial and Labour — Volume 9 · Source page
  50. Principle 3592The apparent agent. His dealings with third parties in the principal's name. Their effect. Binding the principal by his act, including the rights and obligations it entails. Condition therefor. That the act be in the priCommercial and Labour — Volume 9 · Source page
PreviousPage 59 of 82Next