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. - بوجه عام

    Principle 278Sale of a business. Condition for its conclusion. Recording it in an official instrument before a notary public. Failure to follow the form prescribed by law. Its effect. The sale is absolutely void. Any interested partyCommercial and Labour — Volume 9 · Source page ٥٦
  2. Principle 279The appellant's insistence that the two respondents be ordered to return what they received without right because they failed to perform their obligation to sign the sale contract, thereby enriching themselves without laCommercial and Labour — Volume 9 · Source page ٥٦
  3. Principle 281The broker's entitlement to his remuneration. Its condition. The success of his mediation and completion of the contract as a result of his efforts and endeavors. Assessment thereof. A matter of fact. Article 38 of the CCommercial and Labour — Volume 9 · Source page ٥٧
  4. Principle 282Engaging in trade in Kuwait. Prohibited for non-Kuwaitis except through a Kuwaiti partner or partners holding at least 51% of the total capital. A non-Kuwaiti may not engage in trade alone. This pertains to public policyCommercial and Labour — Volume 9 · Source page ٥٧
  5. Principle 283Considering a loan commercial. Its condition. Its purpose must be to spend the borrowed sums on commercial acts. What counts in this respect is the borrower's apparent intention at the time of the contract, not the ultimCommercial and Labour — Volume 9 · Source page ٥٧
  6. Principle 284A business establishment. Its inclusion of tangible and intangible elements. Their nature. Limiting the sale of a business establishment to some of these elements. Its treatment as a sale of the commercial establishment.Commercial and Labour — Volume 9 · Source page ٥٧
  7. Principle 285Insurance against damage. It must be based on a legitimate economic interest, with the insured risk arising from an activity not contrary to public policy and morals. Reason therefor. Insurance against risks arising fromCommercial and Labour — Volume 9 · Source page ٥٨
  8. Principle 286A contract being commercial in relation to one party but not the other. Its effect. The provisions of the Commercial Code apply to the other contracting party's obligations arising from the contract unless a provision stCommercial and Labour — Volume 9 · Source page ٥٨
  9. Principle 287Application of the provisions of the Commercial Code. Its criterion. That the contracting party is a merchant, so that the contracts he concludes are subject to the provisions of the Commercial Code, or that the act is cCommercial and Labour — Volume 9 · Source page ٥٨
  10. Principle 288Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Law or any other legislation prohibiting that person from engaging in commerce in Kuwait. Its consequence. RestCommercial and Labour — Volume 9 · Source page ٥٨
  11. Principle 289A non-Kuwaiti's engagement in commerce in Kuwait. Is not permissible unless he has a Kuwaiti partner or partners whose capital is not less than 51% of the total capital of the business. The reason thereof. Protection of Commercial and Labour — Volume 9 · Source page ٥٩
  12. Principle 290A loan granted by a bank. A commercial act by its nature. The reason: it is a banking transaction, whatever its purpose, whether civil or commercial. The consequence. Entitlement to interest for delay in its repayment.Commercial and Labour — Volume 9 · Source page ٥٩
  13. Principle 291Contracts for constructing, altering, repairing and demolishing real property. The contractor's undertaking therein to provide raw materials or supply workers. Deemed commercial acts regardless of the capacity or intentiCommercial and Labour — Volume 9 · Source page ٥٩
  14. Principle 293Statutory interest. Awarding it from the date the commercial debt becomes due. Restricted to cases where the amount of the monetary obligation is known when it arises. What this means. Its amount must be determined on fiCommercial and Labour — Volume 9 · Source page ٥٩
  15. Principle 294Limitation of traders' claims. Its period is one year. Its condition. That they concern things supplied to persons who do not trade in them but use them for private consumption. The reason for this. - Ascertaining the coCommercial and Labour — Volume 9 · Source page ٥٩
  16. Principle 295Foreign companies. Prohibition on establishing branches in Kuwait or conducting commercial activities therein except after obtaining a license to that effect from the Ministry of Commerce and Industry. The two conditionsCommercial and Labour — Volume 9 · Source page ٥٩
  17. Principle 296Entitlement to default interest, whether statutory or contractual. Its criterion. The debt must arise from a commercial obligation or a commercial act. Absence of this characterization from the obligation or act. Its effCommercial and Labour — Volume 9 · Source page ٦٠
  18. Principle 297Treating a loan as commercial. Its condition. That its purpose be to expend the borrowed sums on commercial activities. What counts is the borrower's apparent intention at the time of contracting, not the eventual use ofCommercial and Labour — Volume 9 · Source page ٦٠
  19. Principle 298Default interest on a commercial debt. Payable as soon as the debt falls due. The reason: failure to pay it on time causes damage by the mere fact of its occurrence.Commercial and Labour — Volume 9 · Source page ٦٠
  20. Principle 299Acts relating to bills of exchange, promissory notes, and checks. Commercial acts regardless of the capacity or intention of the person undertaking them. - Proof of commercial debts or their extinguishment. Free of restrCommercial and Labour — Volume 9 · Source page ٦٠
  21. Principle 300Transactions relating to insurance of its various types are considered commercial transactions pursuant to Article Five of the Commercial Law. Statutory interest of 7% is due for delay in paying debts arising therefrom, Commercial and Labour — Volume 9 · Source page ٦٠
  22. Principle 301Banking operations. They are considered commercial acts, whether on the part of the bank or on the part of its customers. Art. 5 of the Commercial Code. The implication of this: loans contracted by banks are commercial aCommercial and Labour — Volume 9 · Source page ٦٠
  23. Principle 302Engaging in commerce is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or Kuwaiti partners whose capital is not less than 51%. Article 23/1 of the Commercial Law. - The Economic Agreement between the Gulf CCommercial and Labour — Volume 9 · Source page ٦١
  24. Principle 303The Economic Agreement between the Gulf Cooperation Council states, approved by the State of Kuwait by Law 5 of 2003. Accorded equal treatment to nationals of these states in all economic fields. Its implication. NationaCommercial and Labour — Volume 9 · Source page ٦١
  25. Principle 304Acts performed by a merchant in connection with his commercial activities and for the needs of his trade. They acquire a commercial character. Reason therefor. Example concerning entitlement to default interest on a debtCommercial and Labour — Volume 9 · Source page ٦١
  26. Principle 305A Kuwaiti contracting with a non-Kuwaiti for commercial work to be performed by the latter outside the State of Kuwait for his benefit. A valid contract creating reciprocal obligations binding upon its parties. The prohiCommercial and Labour — Volume 9 · Source page ٦١

  27. - الالتزام بضمان الاستحقاق

    Principle 307Compensation to the buyer under the warranty against eviction in the former Commercial Code. Recourse is to its general rules because it contains no regulation thereof. Articles 162, 163 thereof. - Compensation for contrCommercial and Labour — Volume 9 · Source page ٦٤
  28. Principle 308The provisions on warranty against eviction contained in the Civil Code. Their application to facts preceding the entry into force of its provisions is precluded. The reason therefor. They are unrelated to public policy.Commercial and Labour — Volume 9 · Source page ٦٤
  29. Principle 309What the Civil Code provides concerning joining the seller in an action asserting superior title to the thing sold, failing which the purchaser's right to warranty against eviction lapses, and its absence of the rule resCommercial and Labour — Volume 9 · Source page ٦٤

  30. - الالتزام بضمان الوصف

    Principle 310The warranty against eviction is an obligation owed by 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 obligation to trCommercial and Labour — Volume 9 · Source page ٦٤
  31. Principle 311A difference in the type of goods agreed upon with the seller. The reference in this regard is the agreement concluded between the parties or commercial custom. - The absence from the Commercial Code, concerning commerciCommercial and Labour — Volume 9 · Source page ٦٥

  32. - التزام بضمان التعرض

    Principle 312A contracting party may seek annulment of the contract if he labored under a mistake that induced him to assent to the contract. Assessment of whether or not the contracting party labored under a mistake. A matter for thCommercial and Labour — Volume 9 · Source page ٦٥

  33. - الالتزام بسداد الثمن

    Principle 313Warranty against interference and eviction in commercial sales governed by the former Commercial Code. Governed exclusively by the provisions on contractual liability and performance by way of compensation contained therCommercial and Labour — Volume 9 · Source page ٦٥

  34. - بيع الأسهم

    Principle 314Documentary credit. Its nature. Independence of this contract from the contract on account of which the credit was opened. Opening a documentary credit may be a means of settling the price between seller and buyer in accCommercial and Labour — Volume 9 · Source page ٦٥

  35. - بيع المحل التجاري (بيع المتجر)

    Principle 315A shareholder in a joint-stock company. His right is of the nature of a property right. He may pay one fifth of the price of the shares upon - 65 - Commercial subscription for them and pay the remainder within five yearsCommercial and Labour — Volume 9 · Source page ٦٥
  36. Principle 317The tangible and intangible components of a business. - When a contract may be considered a sale of a commercial business. The purchaser of the commercial business must carry on the same activity that the seller carried Commercial and Labour — Volume 9 · Source page ٦٦
  37. Principle 318Determining whether the elements of the business establishment covered by the sale constitute essential elements of the commercial establishment such as to make its sale a sale of a commercial establishment, or are merelCommercial and Labour — Volume 9 · Source page ٦٦
  38. Principle 319A contract for the sale of a business need not include all its necessary elements or be executed by the owner of the real property or the operator of the plot. Inclusion of the essential elements for conducting its activCommercial and Labour — Volume 9 · Source page ٦٦
  39. Principle 320A commercial establishment. Its definition. Its elements. Tangible and intangible. - Execution in official form is an essential element in the formation of a sale of a commercial establishment. The sanction for its absenCommercial and Labour — Volume 9 · Source page ٦٦
  40. Principle 321The elements of a business and its tangible and intangible constituents. Those necessary for its formation. - The element of customer connections. Indispensable to the existence of a business. Selling it alone is consideCommercial and Labour — Volume 9 · Source page ٦٦
  41. Principle 322The goodwill of a commercial business. Its elements and their collective effect on attracting customers. - 66 - Commercial - The licence and the building are tangible elements of the business. Leasing it together with itCommercial and Labour — Volume 9 · Source page ٦٦
  42. Principle 323The contract including a sale of a commercial establishment. Failure to embody it in an official document. The sale is void. The nullity does not extend to the establishment's license so long as it was effected through pCommercial and Labour — Volume 9 · Source page ٦٧
  43. Principle 324The sale of a business establishment is concluded only by an official instrument. Its absence. Its effect. Nullity. This pertains to public policy.Commercial and Labour — Volume 9 · Source page ٦٧
  44. Principle 325Anyone who receives something not due is obliged to return it. This is not altered by whether the absence of entitlement arises from the facts themselves or from a legal consideration. - The appellant's insistence that tCommercial and Labour — Volume 9 · Source page ٦٧
  45. Principle 326Sale of a business. Condition for its conclusion. Recording it in an official instrument before a notary public. Failure to follow the entirety prescribed by law. Its effect. Absolute nullity of the sale. It may be invokCommercial and Labour — Volume 9 · Source page ٦٧

  46. - بيع السفن الصغيرة

    Principle 327A business establishment. Its inclusion of tangible and intangible elements. Their nature. Restriction of the sale of the establishment to some of these elements. Its characterization as a sale of the commercial establisCommercial and Labour — Volume 9 · Source page ٦٧

  47. - البيع بالمزايدة

    Principle 328Ownership of small vessels passes from the seller to the buyer by the contract alone and is not contingent on registration of the contract. - Registration of small vessels is not an obligation of their seller. - Sale by Commercial and Labour — Volume 9 · Source page ٦٨

  48. - بيع ملك الغير

    Principle 329A general, unrestricted provision. It may not be particularized or restricted. The reason for this. - Article 104 of the Companies Law makes no distinction between installments representing the nominal value of shares anCommercial and Labour — Volume 9 · Source page ٦٨
  49. Principle 330Sale of another's property under the former Commercial Law 2 of 1961 does not transfer ownership of the thing sold unless ratified by the true owner.Commercial and Labour — Volume 9 · Source page ٦٨
  50. Principle 331The sale of another's property does not transfer ownership unless ratified by the owner. Article 381 of the former Commercial Law.Commercial and Labour — Volume 9 · Source page
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