المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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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    Principle 3719The insurer under compulsory insurance against motor vehicle accidents and the liable person are bound by the same debt despite its different sources. Effect thereof: their concurrent liability for its payment. Payment oCommercial and Labour — Volume 9 · Source page ٦٢٨
  2. Principle 3720The general rule is that a cheque is an instrument for paying a debt to the person in whose favour it is drawn or to whom it has passed, and its delivery to the beneficiary is a presumption thereof until the contrary is Commercial and Labour — Volume 9 · Source page ٦٢٨
  3. Principle 3721The creation of a commercial instrument as a means of discharging a prior obligation results in the creation of a new obligation, namely the obligation under the instrument, to the permissibility of the ordinary obligatiCommercial and Labour — Volume 9 · Source page ٦٢٨
  4. Principle 3722Payment of a debt is to be made to the creditor or the creditor’s representative. The creditor’s ratification of payment made to a third party validates that payment retroactively from the date of payment. The burden of Commercial and Labour — Volume 9 · Source page ٦٢٩
  5. Principle 3723Payment by the insurer of the insurance amount to the insured under damage insurance. Its effect. Its subrogation by operation of law to his rights against the liable person. Reason therefor. Such subrogation is confinedCommercial and Labour — Volume 9 · Source page ٦٢٩
  6. Principle 3724Traders’ obligations relating to their commercial activities. They are time-barred upon the lapse of ten years from the date on which performance of the obligation falls due. An example.Commercial and Labour — Volume 9 · Source page ٦٢٩
  7. Principle 3725Payment by a third party of the debtor's debt. His right of recourse against him for what he paid. He is precluded from doing so in the event of payment on the debtor's behalf despite the debtor's opposition or without hCommercial and Labour — Volume 9 · Source page ٦٢٩
  8. Principle 3726The general rule is that performance of an obligation to pay a sum of money is to be in the national currency unless payment in foreign currency has been agreed upon.Commercial and Labour — Volume 9 · Source page ٦٢٩
  9. Principle 3727Letter of guarantee. Its nature. An undertaking by the bank, at its customer’s request, to pay a specified amount to the beneficiary whenever the latter demands it within the period specified therein. Independence of thiCommercial and Labour — Volume 9 · Source page ٦٢٩
  10. Principle 3728The general rule is that a cheque is an instrument of death for a debt due to the person in whose favour it was drawn, unless the contrary is proved.Commercial and Labour — Volume 9 · Source page ٦٢٩
  11. Principle 3729Creating a commercial paper as an instrument for discharging a prior original obligation. Its effect. A negotiable-instrument obligation arises alongside the original obligation. The creditor has the option of recourse bCommercial and Labour — Volume 9 · Source page ٦٢٩
  12. Principle 3731Payment in kind. The two conditions for its existence. Entering into an agency does not constitute payment in kind and does not result in the extinguishment of the obligation by an equivalent of payment. The basis for thCommercial and Labour — Volume 9 · Source page ٦٣٠
  13. Principle 3732Payment of the value of cheques in a felony case is not performance of a natural obligation, but rather avoidance of penal consequences, and constitutes payment of what is not due, which may be recovered.Commercial and Labour — Volume 9 · Source page ٦٣٠
  14. Principle 3733Drawing up a commercial instrument as a means of discharging a prior obligation. Effect thereof. An obligation under the negotiable instrument arises alongside the original obligation. The creditor has the choice of procCommercial and Labour — Volume 9 · Source page ٦٣٠
  15. Principle 3735Inferring the concurrence of the parties' intentions as to performance by substitute consideration, or its absence. A matter of fact within the exclusive competence of the court of merits, provided that the inference is Commercial and Labour — Volume 9 · Source page ٦٣٠
  16. Principle 3736Bank transfer. Its nature. Entry of a specified amount on the debit side of the originator’s account. Transfer, upon his written order, to the credit side of another account.Commercial and Labour — Volume 9 · Source page ٦٣٠
  17. Principle 3737Unusual damage for which the creditor is entitled to compensation because of the debtor’s delay in payment. Its criterion. It must be abnormal damage of an exceptional nature.Commercial and Labour — Volume 9 · Source page ٦٣٠
  18. Principle 3738The assessment of compensation for property incorporated into public-benefit projects became final before Law 33/1964 entered into force. There is no basis for seeking guidance from Article 19 thereof, which specified a Commercial and Labour — Volume 9 · Source page ٦٣٠
  19. Principle 3739A cheque is an instrument of payment and embodies its cause in itself. Its delivery to the beneficiary is a legal presumption that its cause is payment. Proof that delivery of the cheque was security for the performance Commercial and Labour — Volume 9 · Source page ٦٣٠
  20. Principle 3741Transfer of debt. Its effect. Validity of payment to someone other than the creditor. Its criterion. Fulfilment of the conditions for management of another’s affairs without mandate.Commercial and Labour — Volume 9 · Source page ٦٣١
  21. Principle 3742The bank's payment of a forged cheque. Its effect. It is not discharged towards its customer. The bank's liability, its basis and conditions.Commercial and Labour — Volume 9 · Source page ٦٣١
  22. Principle 3743The general rule regarding obligations to pay a sum of money is that payment is made in Kuwaiti currency. Exception. Agreement to pay in a foreign currency. Payment must be made in that currency.Commercial and Labour — Volume 9 · Source page ٦٣١
  23. Principle 3744A cheque is, in principle, an instrument for payment of an existing debt owed by the drawer. Whoever alleges otherwise. Bears the burden of proving what he alleges.Commercial and Labour — Volume 9 · Source page ٦٣١
  24. Principle 3745A person other than the debtor may discharge the debtor’s obligation without his knowledge or will. Its scope, effect, and conditions. The payer’s revocation of this payment or release from it and recovery. Its conditionCommercial and Labour — Volume 9 · Source page ٦٣١
  25. Principle 3746An obligation to pay a sum of money is discharged in Kuwaiti currency. It is permissible to agree that payment shall be made in foreign currencies. The Amiri Order issued on 3/8/1990 does not provide for the abolition ofCommercial and Labour — Volume 9 · Source page ٦٣١
  26. Principle 3747Deposit of the debt after formally tendering it to the creditor. When it takes the place of payment discharging liability.Commercial and Labour — Volume 9 · Source page ٦٣١
  27. Principle 3749Payment in currency is permissible, whether upon conclusion of the contract or upon its performance. Article 174, Civil Code. - The issuance of an Amiri Order on 3/8/1990 contrary thereto. It has no effect on the permissCommercial and Labour — Volume 9 · Source page ٦٣١
  28. Principle 3750A change in the currency exchange rate, upwards or downwards, at the time of payment from that at the time of the agreement specifying its amount. Its effect. The obligation of al-mīn remains for the same amount specifieCommercial and Labour — Volume 9 · Source page ٦٣١
  29. Principle 3751The general rule is that an obligation to pay a sum of money is discharged in the national currency unless payment in foreign currency is agreed. The provision in Article Five of the Amiri Order issued on 3/8/1990 that aCommercial and Labour — Volume 9 · Source page ٦٣٢
  30. Principle 3752Assessment of the existence or absence of affluence and the ability to pay. A matter of fact. Its assessment is within the exclusive competence of the court of merits. Its condition.Commercial and Labour — Volume 9 · Source page ٦٣٢
  31. Principle 3753Invoking the provisions of the legislation of a state other than the State of Kuwait. Impermissible. The Amiri Order of 3/8/1990. Payment in foreign currency during the period of Iraqi aggression against the country. PerCommercial and Labour — Volume 9 · Source page ٦٣٢
  32. Principle 3754The general rule is that an obligation to pay a sum of money must be performed in the national currency unless payment in foreign currency has been agreed. - Article 5 of the Amiri Order issued on 3/8/1990 does not repeaCommercial and Labour — Volume 9 · Source page ٦٣٢
  33. Principle 3755The insurer’s payment of the insurance amount to the insured under insurance against damage. Its effect. Statutory subrogation to the insured’s rights against the liable party. The reason therefor. Such subrogation is coCommercial and Labour — Volume 9 · Source page ٦٣٢
  34. Principle 3756Default interest. Entitlement thereto. It is the debt becoming due for the person late in paying a commercial debt. Rationale therefor. - The litigants’ claims in the action. The court must adhere to them. Its departure Commercial and Labour — Volume 9 · Source page ٦٣٢
  35. Principle 3757Creation of a commercial instrument as a means of discharging a prior obligation. Its effect. The creation of a new, independent obligation, namely the obligation - 632 - Commercial under the negotiable instrument, alongCommercial and Labour — Volume 9 · Source page ٦٣٢
  36. Principle 3760Limitation governing commercial paper. Its basis in a presumption of payment supplemented by the supplementary oath. The condition for this. The debtor must not invoke a defence contradicting this presumption. Example.Commercial and Labour — Volume 9 · Source page ٦٣٣
  37. Principle 3761The insurer under compulsory motor accident insurance and the liable third party. Their obligation concerns the same debt despite its differing source. The effect of this. Their concurrent liability for its payment. - CoCommercial and Labour — Volume 9 · Source page ٦٣٣
  38. Principle 3762The surety’s joint and several liability with the debtor. Its effect: the creditor may claim the debt from the surety alone. The surety may not resist the claim by requiring prior recourse against the debtor or exhaustioCommercial and Labour — Volume 9 · Source page ٦٣٣
  39. Principle 3764A worker may not collect interest for delay in payment of his entitlements. Basis thereof. - 633 - CommercialCommercial and Labour — Volume 9 · Source page ٦٣٣
  40. Principle 3765Permissibility of agreeing on payment in foreign currency. The Amiri Order issued on 3/8/1990. Does not repeal what is prescribed under the second paragraph of Article 174 of the Civil Code.Commercial and Labour — Volume 9 · Source page ٦٣٤
  41. Principle 3766The judgment giving the appellant the choice of paying the insurance amount awarded in US dollars or its equivalent in Kuwaiti dinars, that is, payment in either currency. The challenge that the papers contain no statemeCommercial and Labour — Volume 9 · Source page ٦٣٤
  42. Principle 3767A judgment rescinding a bilateral contract because one party failed to perform its obligation. Its effect: the other contracting party’s entitlement to compensation for the damage suffered as a result of rescission. The Commercial and Labour — Volume 9 · Source page ٦٣٤
  43. Principle 3768The debtor's ability to pay. One of the conditions for issuing a travel-ban order. The burden of proving this rests on the creditor. Whether or not ability is established. A matter for the trial court.Commercial and Labour — Volume 9 · Source page
  44. Principle 3769Delay interest becoming due merely upon the debt falling due. The reason for this: delay in paying a commercial debt on its due date causes damage merely by its occurrence. Example.Commercial and Labour — Volume 9 · Source page
  45. Principle 3770A travel-ban order remains effective until the debt is extinguished by payment or release. The exception: the debtor deposits with the treasury of the Enforcement Department a sum equal to the debt and its accessories, aCommercial and Labour — Volume 9 · Source page
  46. Principle 3771Decisions issued by the occupation authorities during their occupation of the State of Kuwait abolishing the Kuwaiti currency. Legally nonexistent. The currency relied upon in this regard is the dinar. The Amiri Order isCommercial and Labour — Volume 9 · Source page
  47. Principle 3772Performance by providing the very thing due is the general rule. Exception. The creditor’s agreement to performance by something else. Its effect. The debtor may perform accordingly and is thereby discharged from the debCommercial and Labour — Volume 9 · Source page
  48. Principle 3773Merchants’ obligations relating to their commercial business. They become time-barred upon the lapse of ten years from the date performance of the obligation falls due.. Ordinary limitation applies to acts lacking a commCommercial and Labour — Volume 9 · Source page
  49. Principle 3774Payment 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
  50. Principle 3776A cheque. Its nature. An instrument of payment. Its cause: an existing debt due to the person in whose favour it was drawn or to whom it devolved, pursuant to the presumption arising from its delivery to the beneficiary,Commercial and Labour — Volume 9 · Source page
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