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. - فوائده

    Principle 3650Awarding statutory interest from the date a commercial debt falls due. Its restriction to cases where the amount of the monetary obligation is known when it arises. This not being the case. Its effect. Interest accrues fCommercial and Labour — Volume 9 · Source page ٦١٧
  2. Principle 3651The criterion for entitlement to default interest, whether statutory or contractual, is that the debt which the debtor delayed paying arises from a commercial obligation or a commercial act. A civil obligation. No defaulCommercial and Labour — Volume 9 · Source page ٦١٧
  3. Principle 3653The balance debt becomes an ordinary debt upon closing the current account. Interest at the banking rate that applied to its individual entries while it was operating does not apply to it. What applies to it: what the paCommercial and Labour — Volume 9 · Source page ٦١٧
  4. Principle 3655Default interest, whether statutory or contractual. Its prerequisite. The debt whose payment the debtor has delayed must arise from a commercial obligation or act. The debt being civil. Its effect. Interest may not be clCommercial and Labour — Volume 9 · Source page ٦١٨
  5. Principle 3656Commercial debts. The general rule is that default interest becomes payable on them as soon as they fall due. Its condition. Their subject matter must be a monetary sum of a known amount at their inception. Failure to meCommercial and Labour — Volume 9 · Source page ٦١٨
  6. Principle 3658Awarding statutory interest from the date the commercial debt falls due. Restricted to cases where the amount of the monetary obligation is ascertainable when it arises; otherwise, interest runs from the date of the finaCommercial and Labour — Volume 9 · Source page ٦١٨
  7. Principle 3659Entitlement to default interest on a debt. Its criterion. The debt must arise from a commercial obligation or a commercial transaction. The debt being civil. Its effect. Claiming interest on it is prohibited as usury forCommercial and Labour — Volume 9 · Source page ٦١٨

  8. - دين الرصيد في الحساب الجاري

    Principle 3660Interest on a commercial loan is 7% where its rate is not specified in the contract. The contracting parties may agree on - 618 - Commercial a different interest rate. Condition thereof: that this rate not exceed the ratCommercial and Labour — Volume 9 · Source page ٦١٨
  9. Principle 3664The debt constituting the current account balance is not subject to the limitation that governed it before its entry into the account. It is subject to the ordinary limitation prescribed for the balance arising from the Commercial and Labour — Volume 9 · Source page ٦١٩
  10. Principle 3665Closure of the current account. Its effect. The balance debt becomes an ordinary debt, and the accrual of interest at the banking rate applied to it during its operation ceases. Absence of an agreement between the partieCommercial and Labour — Volume 9 · Source page ٦١٩

  11. - الشيك كأداة وفاء للدين

    Principle 3666Entry of a debt into the current account. Its effect. Its treatment as one of the account’s items and its becoming a single debt, namely the final debt of the current account balance. Article 395 of the Commercial Code. Commercial and Labour — Volume 9 · Source page ٦٢٠
  12. Principle 3668A cheque is an instrument of payment until the contrary is proved and it is proved to be an instrument evidencing a debt. The basis thereof. Freedom from liability is the presumption until evidence of liability is establCommercial and Labour — Volume 9 · Source page ٦٢٠

  13. - الدين المدني لا فوائد عليه

    Principle 3672A cheque is an instrument of payment and embodies its own cause. Its delivery to the beneficiary constitutes a legal presumption that its cause is payment. Proof that delivery of the cheque was security for performance oCommercial and Labour — Volume 9 · Source page ٦٢٠

  14. - قاعدة لا تركة إلا بعد سداد الدين

    Principle 3674Collecting interest in consideration of the use of a sum of money or for delay in paying it. Impermissible. Whether - 620 - Commercial such interest is statutory or contractual, provided that the matter adjudicated is ciCommercial and Labour — Volume 9 · Source page ٦٢٠

  15. - إعسار المدين

    Principle 3675The rule that there is no estate until debts are paid. Its implication. The estate remains encumbered after death by an accessory real right in favour of the deceased's creditors, such that an heir may not plead divisionCommercial and Labour — Volume 9 · Source page ٦٢١
  16. Principle 3676An action for the unenforceability of a disposition. The creditor bears the burden of proving collusion between the debtor and the transferee to prejudice the creditor’s rights; if the creditor alleges the debtor’s insolCommercial and Labour — Volume 9 · Source page ٦٢١

  17. - الدخول في برنامج تسوية المديونيات الصعبة

    Principle 3678A debt deferred until the debtor’s financial circumstances improve or the debtor is able to pay. The court may set the appropriate date for its payment. Condition thereof: consideration of the debtor’s circumstances, preCommercial and Labour — Volume 9 · Source page ٦٢١
  18. Principle 3680The provisions contained in Law 41 of 1993 concerning preservation of public funds, ensuring the State's collection of purchased debts, and granting relief to debtors. Nature of those provisions. - The debtor's choice toCommercial and Labour — Volume 9 · Source page ٦٢٢
  19. Principle 3681The provisions and rules relating to the collection of purchased debts. Their nature and purpose. Law 41 of .1993 - The bank acting on behalf of the State demanding the debt instalments from the debtor and taking enforceCommercial and Labour — Volume 9 · Source page ٦٢٢
  20. Principle 3682The customer’s cessation of payment of his debts purchased by the State. Its effect. The Public Prosecution may request that he be declared bankrupt even after his death or retirement, within the two years following thatCommercial and Labour — Volume 9 · Source page ٦٢٢
  21. Principle 3683A customer who has ceased paying his debts. The Public Prosecution may apply for a declaration of his bankruptcy. Law 41 of 1993. Within 15 days from the due date of the payment or instalment, he may apply to the managinCommercial and Labour — Volume 9 · Source page ٦٢٢
  22. Principle 3684The notarized acknowledgment of the appellant's indebtedness in his capacity. Its effect. A new debt arises, entirely disconnected from the old obligation and cleared of all defences as an effect of the transfer of debt.Commercial and Labour — Volume 9 · Source page ٦٢٢

  23. - تضامم المدينين

    Principle 3685Benefiting from Law 41 of 1993 concerning the State's purchase of certain debts. Its condition. The customer's notarisation of an acknowledgment of the amount of indebtedness according to the outstanding balance on 1/8/1Commercial and Labour — Volume 9 · Source page ٦٢٢
  24. Principle 3686Different sources of the debtors’ obligations in respect of a single debt. Its effect. They are all considered liable in solidum for performance of the obligation. An example concerning the difference between the source Commercial and Labour — Volume 9 · Source page ٦٢٣
  25. Principle 3687The creditor may claim the entire debt from any of the debtors where the sources of the obligation are multiple. The basis thereof is concurrent liability. Its import. - The subcontractor and workers working for the origCommercial and Labour — Volume 9 · Source page ٦٢٣
  26. Principle 3688An obligation in solidum. Its nature. Multiple sources of the obligation with a single subject matter. Effect thereof. The creditor may claim the debt from any of the debtors. Establishment of the liability of any one ofCommercial and Labour — Volume 9 · Source page ٦٢٣
  27. Principle 3689Multiple sources of the obligation and the existence of multiple debtors for a single debt. Its effect. The creditor may demand it from them collectively or from one of them individually. The reason for this. The obligatCommercial and Labour — Volume 9 · Source page ٦٢٣
  28. Principle 3690Obligation in solidum. Its nature. The difference between the two debts and their sources. Its effect. - 623 - CommercialCommercial and Labour — Volume 9 · Source page ٦٢٣
  29. Principle 3691The source of the obligation. Its multiplicity while its subject matter remains one, as where there are multiple debtors for a single debt and the creditor may claim the entire debt from them or any of them. Their obligaCommercial and Labour — Volume 9 · Source page ٦٢٤

  30. - تضامن المدين

    Principle 3692Multiple debtors for a single debt and differing sources of each debtor’s obligation. The consequence. They are all liable for performance of the obligation, and the creditor may demand the entire debt from any one of thCommercial and Labour — Volume 9 · Source page ٦٢٤
  31. Principle 3693A joint and several debtor who alone has an interest in the debt bears it in full in his relationship with the others. Consequence thereof. He is not entitled to recourse against another for any part of what he has paid.Commercial and Labour — Volume 9 · Source page ٦٢٤
  32. Principle 3694Payment by one of the joint and several debtors of the entire debt or more than his share thereof. He may not have recourse against any of the debtors except to the extent of that debtor’s share. Article 359, Civil Code.Commercial and Labour — Volume 9 · Source page ٦٢٤
  33. Principle 3695A joint and several debtor's plea of limitation in respect of another joint and several debtor to the extent of that debtor's share. Its effect does not extend to other debtors who have not invoked it. Article 345, CivilCommercial and Labour — Volume 9 · Source page ٦٢٤
  34. Principle 3696Joint and several liability is not presumed. Meaning: it arises only by agreement or a provision of law. A judgment contravening this. Requires its partial quashing. Example of the absence of joint and several liability Commercial and Labour — Volume 9 · Source page ٦٢٤

  35. - أموال المفلس ضامنة لما عليه من ديون

    Principle 3697Acts relating to the formation of companies and the sale or purchase of their shares and bonds. Commercial acts. Art. 5, Commercial Code. - Persons jointly obligated for a commercial debt. Jointly and severally liable foCommercial and Labour — Volume 9 · Source page ٦٢٤
  36. Principle 3698Issuance of a judgment declaring bankruptcy. Its effect. From its date, the bankrupt is divested of the power to manage all assets, whether related to the bankrupt's business or not. The reason therefor. All the bankruptCommercial and Labour — Volume 9 · Source page ٦٢٥
  37. Principle 3699Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt's creditors are barred from bringing actions against him and taking proceedings against his assets, and actions and proceedings pursued individually bCommercial and Labour — Volume 9 · Source page ٦٢٥

  38. - الديون الممتازة

    Principle 3700The provisions and rules of bankruptcy. Their connection with public policy. - A judgment declaring bankruptcy. It is not issued solely in favour of the creditor requesting it but in the interest of all creditors, even iCommercial and Labour — Volume 9 · Source page ٦٢٥

  39. - الديون الناشئة عن معاملات أسهم الشركات التي تمت بالأجل

    Principle 3701The preferential lien for amounts due to the Public Treasury in taxes, fees and other dues. Its ranking. Second in rank after the preferential lien for judicial expenses. - The preferential claim and the subject of the pCommercial and Labour — Volume 9 · Source page ٦٢٦
  40. Principle 3702Referral of the debtor to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms. Does not prevent his creditors from resorting to the ordinary courts to obtain judgmentCommercial and Labour — Volume 9 · Source page ٦٢٦
  41. Principle 3703Debts arising from company-share transactions concluded on deferred terms. Their reduction applies to the principal debt, not to its value resulting from the amicable settlement.Commercial and Labour — Volume 9 · Source page ٦٢٦

  42. - وفاء الدين

    Principle 3704The creditor’s failure to submit particulars of a debt to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms within the prescribed period. Its effect. Lapse of his rCommercial and Labour — Volume 9 · Source page ٦٢٦
  43. Principle 3710Under Article 30 of Law 6/1961, where there are multiple persons liable for blood money or compensation, they are jointly and severally liable among themselves, whatever the basis of each one’s obligation. The creditor mCommercial and Labour — Volume 9 · Source page
  44. Principle 3711Discharge of an obligation in foreign currency. Its condition. The contract must contain an express stipulation to that effect. Absence thereof. Its effect. Payment must be made in Kuwaiti currency.Commercial and Labour — Volume 9 · Source page
  45. Principle 3712A cheque is, in principle, an instrument of payment and stands in place of money until the contrary is established. Basis thereof. The burden of proving that delivery of the cheque was by way of a loan to the person in wCommercial and Labour — Volume 9 · Source page
  46. Principle 3713A cheque is an instrument of payment until the contrary is proved and it is established that it is an instrument evidencing a debt. The basis thereof. Freedom from liability is the presumption until evidence of indebtednCommercial and Labour — Volume 9 · Source page
  47. Principle 3714Payment by the drawee bank of the amount of a cheque bearing a forged signature. In principle, the risk of this payment falls upon the bank vis-à-vis its customer, regardless of the degree of perfection of the signature Commercial and Labour — Volume 9 · Source page
  48. Principle 3715A plurality of debtors for a single debt gives rise to their concurrent, not solidary, liability. The effect of this. Each is liable for the same debt and for the entire debt, and the creditor may demand the whole of it Commercial and Labour — Volume 9 · Source page
  49. Principle 3716The judge’s granting the debtor a period of grace. Permissible so long as no provision prohibits it and the conditions for granting it are met. An example of their being met. - Granting the debtor time for payment. WithiCommercial and Labour — Volume 9 · Source page
  50. Principle 3718The bank's payment to the first beneficiary of the value of a cheque bearing a forged signature of the drawer. The bank bears the consequences of this payment, irrespective of the degree of perfection of the forgery. ConCommercial and Labour — Volume 9 · Source page
PreviousPage 61 of 82Next