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. - وفاء الدين

    Principle 3778Performance of an obligation. It may be effected by someone other than the debtor, even without the debtor’s knowledge or against his will. The debtor’s objection thereto and notification of the creditor thereof. The creCommercial and Labour — Volume 9 · Source page ٦٣٥
  2. Principle 3779Tender and deposit where the subject is money or another thing that can readily be delivered without hardship to the creditor at the creditor's original domicile or workplace. Its manner: following the steps prescribed iCommercial and Labour — Volume 9 · Source page ٦٣٦
  3. Principle 3780Payment of a debt to someone other than the creditor. Its effect. The debtor is not discharged unless the creditor ratifies that payment.Commercial and Labour — Volume 9 · Source page ٦٣٦
  4. Principle 3781Formal tender of a debt which cannot be delivered to the creditor at his domicile or place of work, or cannot readily be transported except with difficulty. It is completed by the debtor calling upon his creditor, througCommercial and Labour — Volume 9 · Source page ٦٣٦

  5. - صلح

    Principle 3784The guardian's receipt from the insurance company of compensation covering all harm suffered by the injured person. It is not considered a compromise. The reason therefor. A compromise requires each of its parties reciprCommercial and Labour — Volume 9 · Source page ٦٣٧
  6. Principle 3785The judgment’s reliance on the expert’s report, which disregarded the settlement agreement with respect to settling the profits account between the parties on the ground that they agreed, in the record of the expert procCommercial and Labour — Volume 9 · Source page ٦٣٧
  7. Principle 3786Amicable liquidation of forward share transactions registered pursuant to Decree-Law 57/1982. The Office for the Liquidation of Forward Share Transactions has jurisdiction over them and may value the assets of those refeCommercial and Labour — Volume 9 · Source page ٦٣٧
  8. Principle 3787The Kuwait Investment Authority and the debtor whose bankruptcy is sought. They may submit proposals for a composition to avert bankruptcy to the court hearing the bankruptcy petition. The court may reject or approve it.Commercial and Labour — Volume 9 · Source page ٦٣٧
  9. Principle 3788A judge's ratification of a settlement. A purely non-contentious judicial act. Its exclusion from the scope of judicial judgments. The reason for this. - Recourse to the Court of First Instance for an order enforcing judCommercial and Labour — Volume 9 · Source page ٦٣٧
  10. Principle 3789Appeal. Its effect. Resubmission of the dispute to the court of second instance within the limits of the matters appealed, together with its legal grounds and factual evidence. - 637 - Commercial - The provision in ArticCommercial and Labour — Volume 9 · Source page ٦٣٧

  11. ذمة مالية

    Principle 3790Composition to avert the bankruptcy of clients whose indebtedness was purchased under Law 41 of 1993. Its condition. The client, whether debtor or guarantor, or the Public Investment Authority must submit an application Commercial and Labour — Volume 9 · Source page ٦٣٨
  12. Principle 3791The legal representative of a sole proprietorship is its owner, as it forms part of his patrimony.Commercial and Labour — Volume 9 · Source page ٦٣٨
  13. Principle 3793Commercial companies other than undisclosed partnerships. They have legal personality and a patrimony independent of the persons of their partners and their patrimonies. A manager’s or partner’s signature in his own nameCommercial and Labour — Volume 9 · Source page ٦٣٨
  14. Principle 3794A sole proprietorship has neither legal personality nor an independent patrimony. Its connection to its owner's patrimony. It must be sued in the person of its owner.Commercial and Labour — Volume 9 · Source page ٦٣٨
  15. Principle 3795A sole proprietorship is part of its owner’s patrimony and has no legal personality. - 638 - Commercial - Mention of the sole proprietorship in the appeal petition coupled with its owner’s name, and the petition’s identiCommercial and Labour — Volume 9 · Source page ٦٣٨
  16. Principle 3796The two elements of the formation of a legal person. - A sole proprietorship does not possess legal personality and has no capacity to be a party to litigation. Its owner conducts litigation on its behalf, as it is a parCommercial and Labour — Volume 9 · Source page ٦٣٩
  17. Principle 3797The two elements of the creation of a juridical person. Article /18 of the Civil Code. - The inclusion of multiple individual activities in the patrimony of a natural person. Its effect. That person may sue and be sued iCommercial and Labour — Volume 9 · Source page ٦٣٩
  18. Principle 3798The requirement that the Kuwaiti partners’ proportion of the capital must not be less than 51% of the company’s capital. This requirement is incompatible with the nature of an undisclosed partnership, because it lacks leCommercial and Labour — Volume 9 · Source page ٦٣٩
  19. Principle 3801Issuance of a judgment declaring bankruptcy. Its effect. The bankrupt is divested, from its date, of the administration of all his assets, whether related to his trade or not. The reason for this. All his assets secure pCommercial and Labour — Volume 9 · Source page ٦٣٩
  20. Principle 3802A company is a legal person existing in its own right and independent of the persons of its partners. Its implication. The independence of its patrimony and its separation from the patrimonies of the partners. - A companCommercial and Labour — Volume 9 · Source page ٦٤٠
  21. Principle 3803A subcontractor has a direct action against the employer for what is due to him from the principal contractor. The condition for this. The employer must owe the principal contractor a debt arising from the contract for wCommercial and Labour — Volume 9 · Source page ٦٤٠
  22. Principle 3805A non-Kuwaiti engaging in commerce in Kuwait. Not permissible unless he has a Kuwaiti partner or partners whose capital is no less than 51% of the total capital of the commercial establishment. The rationale thereof. ProCommercial and Labour — Volume 9 · Source page ٦٤٠
  23. Principle 3806Limited liability company. Its financial patrimony is independent of the patrimonies of its partners. Meaning thereof. The manager representing it has his personal financial patrimony independent of it, and his liabilityCommercial and Labour — Volume 9 · Source page ٦٤٠
  24. Principle 3807Omission or error in the names and capacities of the parties stated in the judgment. Its effect. Its nullity. The condition thereof. - 640 - Commercial - A sole proprietorship has no existence independent of its owner. ICommercial and Labour — Volume 9 · Source page ٦٤٠
  25. Principle 3808Capacity to litigate. Established for natural persons and legal persons. - How a legal person comes into existence through its substantive and formal elements. The law’s non-recognition of this personality for any collecCommercial and Labour — Volume 9 · Source page ٦٤١
  26. Principle 3809A sole proprietorship. It is not a legal person with a separate patrimony, but is part of its owner’s patrimony. Consequence: registration of a trademark in its name is merely registration in its owner’s name, and he becCommercial and Labour — Volume 9 · Source page ٦٤١
  27. Principle 3810Inadmissibility of any claim or defence in which its proponent has no existing interest recognized by law. - Absence of an interest in an appeal in cassation where it is based on an unproductive aspect or a ground which,Commercial and Labour — Volume 9 · Source page ٦٤١

  28. براءة ذمة

    Principle 3811Tender and deposit where the subject is money or another thing that can readily be delivered to the creditor at his original domicile or place of work without difficulty. The method: following the steps stipulated in ArtCommercial and Labour — Volume 9 · Source page ٦٤١
  29. Principle 3812The creditor’s mere failure to take the requisite proceedings against the debtor when the debt falls due, or delay in taking them, does not discharge the guarantor. The nature of these proceedings. Bringing an action to Commercial and Labour — Volume 9 · Source page ٦٤٢
  30. Principle 3813A cheque is an instrument of payment until the contrary is established and it is proved to be an instrument evidencing a debt. The basis thereof is that freedom from liability is presumed until evidence of liability is eCommercial and Labour — Volume 9 · Source page ٦٤٢
  31. Principle 3818The drawee bank is not discharged vis-à-vis its drawer customer where it pays a cheque on which the signature of - 642 - Commercial the drawer has been forged, regardless of how skilfully the forgery was executed. The reCommercial and Labour — Volume 9 · Source page ٦٤٢
  32. Principle 3819The debtor’s payment of part of the debt and the creditor’s acceptance of that payment. Does not constitute a presumption of payment of the entire debt. The reason for this.Commercial and Labour — Volume 9 · Source page ٦٤٣
  33. Principle 3821The creditor causing, through his fault, the loss of any securities in respect of which the surety may be subrogated to him and upon which the surety relies in guaranteeing the debtor. Its effect. The surety may invoke dCommercial and Labour — Volume 9 · Source page ٦٤٣

  34. - رجوع المؤمن على المؤمن له

    Principle 3823The employer's recourse against his subordinate for compensation paid to the injured party. Its restrictions. - 644 - Commercial - The insurer's recourse against the insured:-Commercial and Labour — Volume 9 · Source page ٦٤٤
  35. Principle 3825Conditions entailing forfeiture of the insured’s right to insurance and conditions permitting the insurer recourse for compensation paid. They may not be invoked against the insured unless displayed distinctively. ExamplCommercial and Labour — Volume 9 · Source page ٦٤٥
  36. Principle 3826Permissibility of including in an insurance contract a clause forfeiting the insured’s right of recourse against the insurer as a sanction for his breach of the contract. Its condition. The insurer’s compliance with the Commercial and Labour — Volume 9 · Source page ٦٤٥
  37. Principle 3828The insurer's recourse against the insured to recover compensation it may have paid. Its condition. - The speeding condition which, when fulfilled, entitles the insurer to recourse against the insured. What is meant is sCommercial and Labour — Volume 9 · Source page ٦٤٥
  38. Principle 3830A provision in the insurance policy granting the insurer a right of recourse against the insured for the value of compensation paid where the accident occurs as a result of driving the vehicle at a speed exceeding the leCommercial and Labour — Volume 9 · Source page ٦٤٥
  39. Principle 3834The insurance company’s recourse against the insured. Its criterion. The occurrence of the accident as a result of the vehicle driver’s breach of the restrictions contained in the insurance policy.Commercial and Labour — Volume 9 · Source page ٦٤٦
  40. Principle 3836The freedom of contracting parties to modify the rules of contractual liability within the limits of the law and the rules of public order. - The insurer’s direct action for recourse against him. The independence of thisCommercial and Labour — Volume 9 · Source page ٦٤٦
  41. Principle 3837Freedom of contracting parties to modify the rules of contractual liability within the limits of law and public policy. - Inclusion in the insurance policy of reasonable restrictions on the insured’s use and driving of tCommercial and Labour — Volume 9 · Source page ٦٤٦
  42. Principle 3838The content of a contract includes its terms and the legal rules applicable to it. - The insurer's right of recourse against the insured for compensation it has paid in the cases specified in Article 76 - 646 - CommerciaCommercial and Labour — Volume 9 · Source page ٦٤٦
  43. Principle 3839Use of a vehicle for a purpose other than that stated in its registration booklet, and taking passengers or carrying a load exceeding the prescribed limit. This permits the insurer to have recourse against the insured foCommercial and Labour — Volume 9 · Source page
  44. Principle 3840Agreement on the insurer’s right of recourse against the insured to recover any compensation it may have paid where the latter permitted a person without a driving licence to drive. The condition for this recourse: proofCommercial and Labour — Volume 9 · Source page
  45. Principle 3841Rules of contractual liability. Contracting parties' freedom to amend them. Limits thereof: the law and public policy. The insurer's right of recourse against the insured for compensation paid to the injured party in theCommercial and Labour — Volume 9 · Source page
  46. Principle 3842The driver of the insured vehicle permitting someone to ride on its exterior door. This is not one of the cases stipulated in Article 76 of the Implementing Regulations of the Traffic Law. The insurer’s recourse against Commercial and Labour — Volume 9 · Source page
  47. Principle 3843The insurance company may have recourse against the insured for the amount of compensation it may have paid in two cases. What they are: breach of reasonable conditions or the existence of one of the cases prescribed in Commercial and Labour — Volume 9 · Source page
  48. Principle 3844An insurance policy may include restrictions on the insured concerning the use and driving of the vehicle, subject to the condition that they do not conflict with the Traffic Law and its resolutions. An example concerninCommercial and Labour — Volume 9 · Source page
  49. Principle 3845The prerequisite for the insurer’s recourse to recover compensation it may have paid, whether to the insured or to a third party, is proof that the accident involving the insured vehicle occurred as a result of its driveCommercial and Labour — Volume 9 · Source page
  50. Principle 3846An insurance policy’s inclusion of reasonable restrictions on the insured entitling the insurer, if he breaches them, to have recourse against him to recover any compensation it may have paid. The condition for this. TheCommercial and Labour — Volume 9 · Source page
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