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. - التزامات الوكيل والموكل

    Principle 3593Manager of a limited partnership. Liable to the partnership for errors committed by him in management, even if slight. His liability to the partnership is contractual and to third parties is tortious. The manager appointCommercial and Labour — Volume 9 · Source page ٦٠٥
  2. Principle 3594The limitation period as between principal and representative. Does not run as long as the representation continues. The reason for this. The representative’s possession of the principal’s property is precarious possessiCommercial and Labour — Volume 9 · Source page ٦٠٥
  3. Principle 3595Successive agencies, in each of which the agent is authorized to appoint another agent for what the agent was appointed to do. The effects of the contract concluded by the last of the agents accrue to the original princiCommercial and Labour — Volume 9 · Source page ٦٠٥

  4. مديونيات

    Principle 3596The agent is obliged to carry out the agency for the principal's account within its prescribed limits. The principal's liability toward third parties for the agent's fault within the limits of the rules of tortious liabiCommercial and Labour — Volume 9 · Source page ٦٠٦
  5. Principle 3598Legal rules considered matters of public policy. Their meaning. The condition for considering them as such. An example of what is not considered a matter of public policy: the provisions of Law 41 of 1993, as amended, coCommercial and Labour — Volume 9 · Source page ٦٠٦
  6. Principle 3599Where determination of the dispute before the court does not depend on deciding the constitutionality of the provisions challenged as unconstitutional, but requires the application of other legal rules. Its consequence. Commercial and Labour — Volume 9 · Source page ٦٠٦
  7. Principle 3601The bank administering indebtedness subject to Law 41 of 1993. The assets under its administration. Their ownership passes to the State as private property. Its decisions concerning them. They are not administrative deciCommercial and Labour — Volume 9 · Source page ٦٠٦
  8. Principle 3602Legal rules considered to concern public policy. Their nature and what is required in the statutory provisions establishing them. Example. - A request by the debtor subject to Law 41 of 1993 for permission to sell the boCommercial and Labour — Volume 9 · Source page ٦٠٦
  9. Principle 3603Laws issued concerning the State's purchase of certain indebtedness. They authorize the Central Bank of Kuwait, on behalf of the State, to purchase the total cash facilities specified therein. The legislature's purpose tCommercial and Labour — Volume 9 · Source page ٦٠٧
  10. Principle 3604The State’s purchase of local banks’ debts owed by Kuwaiti debtors pursuant to the provisions of Law 41 of 1993. Its consequences. The appellant’s dispute concerning the original debt from which he was discharged by the Commercial and Labour — Volume 9 · Source page ٦٠٧
  11. Principle 3605The three characteristics distinguishing adhesion contracts from others. The nature of those characteristics. - The acknowledgment signed voluntarily by the appellant with the intention of benefiting from the advantages Commercial and Labour — Volume 9 · Source page ٦٠٧
  12. Principle 3606The bank managing the purchased indebtedness is the statutory representative of the State in calculating debtors' balances, reviewing them to verify their correctness, and taking all legal measures against them if they bCommercial and Labour — Volume 9 · Source page ٦٠٧
  13. Principle 3607Multiple sureties for a single debt subject to Law 41 of 1993 and its amendments. Does not render any of them liable for the entire debt or a surety for the other co-sureties; the amount of the shortfall in the debt is dCommercial and Labour — Volume 9 · Source page ٦٠٧
  14. Principle 3608Law 41/1993. The legislature’s intent therefrom. Addressing Kuwaitis’ debts in a comprehensive and final manner. The facilities it includes.Commercial and Labour — Volume 9 · Source page ٦٠٧
  15. Principle 3611The State's purchase of certain debts in accordance with the conditions prescribed in Law 41 / 1993, as amended. Its effect: those debts transfer to the State with all their real and personal securities, and the provisioCommercial and Labour — Volume 9 · Source page ٦٠٨
  16. Principle 3612All the customer's assets secure payment of the indebtedness. In collecting it, the State has priority over ordinary creditors if their debts do not bear an established date preceding 2/8/1990. Basis therefor. - PermissiCommercial and Labour — Volume 9 · Source page ٦٠٨
  17. Principle 3614The provisions contained in Law 41 of 1993 concerning the preservation of public funds, ensuring the State’s collection of purchased debts, and granting facilities to debtors. The nature of those provisions. - The debtorCommercial and Labour — Volume 9 · Source page ٦٠٨
  18. Principle 3615Procedure: impermissibility of disregarding a special law in order to apply a general law. An example concerning the impermissibility of invoking the Civil Code provisions concerning a deposit contract and disregarding tCommercial and Labour — Volume 9 · Source page ٦٠٨
  19. Principle 3616The meaning of indivisibility of a dispute. Its effect when a ruling is issued deeming the appeal never to have existed. - Discontinuance of proceedings as intended by the legislature in Article 9 of Law 41 of 1993 conceCommercial and Labour — Volume 9 · Source page ٦٠٩
  20. Principle 3617The debts which Law 41 of 1993 authorized the Central Bank of Kuwait to purchase. Their nature: they are those that led to disruption of financial conditions in the State's banking system. What is not included in those dCommercial and Labour — Volume 9 · Source page ٦٠٩
  21. Principle 3618Cessation of payment, in accordance with its provisions, by a customer subject to Law 41 of 1993. The Public Prosecution may request that he be declared bankrupt. Article 14.(¿) - A customer’s delay in paying any paymentCommercial and Labour — Volume 9 · Source page ٦٠٩
  22. Principle 3619Law No. 41/1993. It prescribed for the administrative authority the controls and criteria governing the purchase of debts in terms of their type and the customers whose debts may be purchased, and did not leave it discreCommercial and Labour — Volume 9 · Source page ٦٠٩
  23. Principle 3621The bank managing the debts purchased by the State. It may supervise the management of pledged assets and activities carried out in respect of them to maximize their value, increase their returns or preserve them. SubscrCommercial and Labour — Volume 9 · Source page ٦١٠
  24. Principle 3622Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. Its purpose: establishing rules ensuring the State’s collection of the purchased debts to safeguard public funds and graCommercial and Labour — Volume 9 · Source page ٦١٠
  25. Principle 3623The Public Prosecution may request a declaration of bankruptcy of a customer who ceases payment pursuant to Law 41 of 1993, and the provisions of the Commercial Law are followed in matters for which the first law containCommercial and Labour — Volume 9 · Source page ٦١٠
  26. Principle 3624Concessions provided for in Law 41 of 1993 and its amendments. Condition for the debtor to benefit from them. His compliance with the provisions imposed on him by law. His failure to authenticate the acknowledgment proviCommercial and Labour — Volume 9 · Source page ٦١٠
  27. Principle 3626The Constitutional Court's previous ruling rejecting the plea of unconstitutionality of Law No. 41 of 1993 concerning the State's purchase of certain debts and the manner of their collection. Its authority is absolute anCommercial and Labour — Volume 9 · Source page ٦١١
  28. Principle 3627An application for a composition preventing bankruptcy submitted by a debtor subject to Law 41 of 1993 or by the Public Investment Authority. It must initially be presented to the chamber of the Court of First Instance dCommercial and Labour — Volume 9 · Source page ٦١١
  29. Principle 3628The debtor’s notarization of an acknowledgment of indebtedness pursuant to Law 41 of 1993, as amended. It bars the debtor from raising any future dispute concerning its legality or amount attributable to grounds precedinCommercial and Labour — Volume 9 · Source page ٦١١
  30. Principle 3629The bankruptcy court. Its jurisdiction to issue authorization to the Public Investment Authority, in its capacity as administrator of the union of creditors, to sell the bankruptcy estate's assets and deposit the sale prCommercial and Labour — Volume 9 · Source page ٦١٢
  31. Principle 3630The customer's benefiting from the provisions of Law 41 of 1993. Its condition. Notarization of the acknowledgment provided for in Article Eight thereof. His failure to notarize the acknowledgment or his notarization of Commercial and Labour — Volume 9 · Source page ٦١٢
  32. Principle 3631The principle concerning contracts is that they are binding. The implication thereof: neither contracting party may unilaterally rescind the contract without the other's consent. Permissibility of agreeing to undo the coCommercial and Labour — Volume 9 · Source page ٦١٢
  33. Principle 3632The State’s substitution for the creditor in recovering the assigned right against the debtor pursuant to the provisions governing assignment of rights insofar as they do not conflict with the provisions of Law 41 of 199Commercial and Labour — Volume 9 · Source page ٦١٢
  34. Principle 3633Determining the state of cessation of payments that justifies a declaration of bankruptcy. Within the authority of the trial court. Condition therefor. - Cessation of payments by a customer subject to the provisions of LCommercial and Labour — Volume 9 · Source page ٦١٣
  35. Principle 3634Conditions specific to a declaration of bankruptcy under Law 41 of 1993. - The lead bank for the indebtedness undertaking enforcement proceedings against mortgaged assets. A discretionary power it may exercise or entrustCommercial and Labour — Volume 9 · Source page ٦١٣
  36. Principle 3635Authorization for the Central Bank of Kuwait to purchase the total distressed facilities. Credit facilities granted to finance money-market and foreign-exchange transactions. Their exclusion from these debts. The CentralCommercial and Labour — Volume 9 · Source page ٦١٣
  37. Principle 3636Use of compensation due to a debtor subject to the Debts Law, immediately upon its receipt, for immediate cash repayment of his indebtedness. An exception to the set-off provisions contained in the Civil Code. Its conseqCommercial and Labour — Volume 9 · Source page ٦١٤
  38. Principle 3637The guarantor under Law 41 of 1993 concerning the State’s purchase of certain debts and the manner of their collection. Being treated as a customer and being subject to the rules regulated by its provisions, including thCommercial and Labour — Volume 9 · Source page ٦١٤
  39. Principle 3638Issuance of Law 41 of 1993. Its purpose. Addressing Kuwaitis' debts to local banks and investment companies subject to Central Bank supervision after the State's purchase thereof. The concessions this Law granted to civiCommercial and Labour — Volume 9 · Source page ٦١٤
  40. Principle 3639Facilities for which corresponding provisions are available with the entities selling their debts. Their exclusion from the debts that the Central Bank must purchase. Reason therefor. They are characterized by limited riCommercial and Labour — Volume 9 · Source page ٦١٥
  41. Principle 3640A plurality of sureties for a single debt subject to the provisions of amended Law 11 of 1993 concerning the State's purchase of certain debts and the manner of their collection, and its amendments. Its effect. The amounCommercial and Labour — Volume 9 · Source page ٦١٥
  42. Principle 3641The State’s purchase of certain debts stipulated in Law 41/1993. Its effect. Its substitution for the creditor in respect of recovery of the assigned right against the debtor pursuant to the provisions governing assignmeCommercial and Labour — Volume 9 · Source page ٦١٥
  43. Principle 3642The authenticated acknowledgment of the appellant's indebtedness in his capacity. Its effect. Creation of a new debt wholly disconnected from the old obligation and purged of all defences as an effect of the transfer of Commercial and Labour — Volume 9 · Source page
  44. Principle 3643Benefiting from Law 41 of 1993 concerning the State's purchase of certain indebtedness. Its condition. The customer must authenticate an acknowledgment of the amount of the indebtedness according to the outstanding balanCommercial and Labour — Volume 9 · Source page
  45. Principle 3644The Public Prosecution may request a declaration of bankruptcy of a customer who ceases payment pursuant to Law 41 of 1993. The provisions of the Commercial Code shall be followed in matters for which the former law makeCommercial and Labour — Volume 9 · Source page
  46. Principle 3645Multiple guarantors for a single debt subject to Law 41 of 1993 and its amendments. Does not result in any of them being liable for the entire debt or guaranteeing the remainder of his fellow guarantors, and the amount oCommercial and Labour — Volume 9 · Source page
  47. Principle 3646Default interest on a commercial debt becomes payable as soon as the debt falls due. The basis for this. - 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
  48. Principle 3647Award of statutory interest. It runs from the date commercial debts fall due. Example.Commercial and Labour — Volume 9 · Source page
  49. Principle 3648Default interest. Compensation for the debtor’s delay in performing his obligation. - Delay in paying a commercial debt beyond its due date gives rise to damage merely by occurring. - A debt that has fallen due. Meaning Commercial and Labour — Volume 9 · Source page
  50. Principle 3649Statutory interest. Its running from the time the debt falls due. Its criterion. - Statutory interest. Its nature: compensation for delay in fulfilling an obligation to pay a sum of money.Commercial and Labour — Volume 9 · Source page
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