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. -البيع سيف (البيع عند الشحن البحري)

    Principle 332Registered shares. When their ownership is established and how they are assigned. The reason for this. Protecting the company and third parties from multiple dispositions of a single share. - 68 - Commercial - Sale of anCommercial and Labour — Volume 9 · Source page ٦٨

  2. - البيع الرسمي

    Principle 333A sale (C and F) is a sale upon shipment to which the rules of a CIF sale, cif, apply, except for the seller's obligation to insure the goods during the sea voyage for the buyer's benefit; thus the seller bears the risk Commercial and Labour — Volume 9 · Source page ٦٩
  3. Principle 334Sale of a business. A formal contract. Official form is an essential element thereof. Absence of official form. Effect. Absolute nullity of the contract concerning public policy.Commercial and Labour — Volume 9 · Source page ٦٩

  4. - بيع السيارة

    Principle 335Company shares and partners' interests are property of recognized value. Their assignment is a form of sale. It must be in an official instrument. - The partners' redemption of the interest sold. Its condition. - Sale ofCommercial and Labour — Volume 9 · Source page ٦٩
  5. Principle 336The vehicle owner's obligation to notify the Traffic Department of evidence of his transfer of its ownership and to undertake certain procedures to establish its ownership. He is not exempted from that by the purchaser'sCommercial and Labour — Volume 9 · Source page ٦٩

  6. - بيع الوفاء

    Principle 337Permissibility of agreeing in a sale contract that the seller retains ownership of the thing sold until the entire price is paid. Art. 464, Civil Code; Arts. 137/1, 138, Commercial Law. Absolute nullity of that conditionCommercial and Labour — Volume 9 · Source page ٦٩
  7. Principle 338Sale with a right of redemption. A sale in which the seller retains the right to recover the thing sold from the purchaser in return for repayment of the price. The legislature adopted the practice prevailing before the Commercial and Labour — Volume 9 · Source page ٧٠

  8. - بيع موجودات التفليسة

    Principle 339A sale with a right of redemption is the seller's retention, at the time of sale, of the right to recover the property sold in return for repayment of the price and expenses. Its implication. The contract is deemed a loaCommercial and Labour — Volume 9 · Source page ٧٠

  9. التوكيل في البيع (الوكالات العقارية)

    Principle 340The bankruptcy court - its jurisdiction to grant permission to the Public Investment Authority, in its capacity as administrator of the creditors' union, to sell the assets of the bankruptcy estate and deposit the sale pCommercial and Labour — Volume 9 · Source page ٧٠
  10. Principle 341The seller's issuance of a real estate power of attorney to the purchaser and delivery of the title deed to him. The latter may issue similar powers of attorney to others. Registration of the contract by the final purchaCommercial and Labour — Volume 9 · Source page ٧١

  11. بيُوع

    Principle 342The original principal's authorization of his agent to sell the immovable property to himself and to appoint another agent for that purpose. The agency is treated as a remunerated agency and as being in the agent's interCommercial and Labour — Volume 9 · Source page ٧١

  12. إيجار

    Principle 344Award of the auction in a compulsory sale. Its effect. Transfer of ownership of the thing sold from the debtor or possessor to the successful bidder in exchange for the price he paid. The auction purchaser has no concernCommercial and Labour — Volume 9 · Source page ٧٢
  13. Principle 348The provisions of the Rent Law do not apply to a lease of premises together with assets whose importance exceeds that of the leased premises. The determining consideration is ascertaining the contracting parties' intentiCommercial and Labour — Volume 9 · Source page ٧٢
  14. Principle 349Application or non-application of Rental Law No. 35 of 1978 to a lease of premises together with the tangible or intangible assets contained therein. Its criterion. Ascertainment of the contracting parties' intent.Commercial and Labour — Volume 9 · Source page ٧٢
  15. Principle 351The inclusion in a lease of essential terms unusual in an ordinary lease is a legal presumption that the parties intended to create a contract different from a lease. The provisions of the Commercial Code apply thereto. Commercial and Labour — Volume 9 · Source page ٧٢
  16. Principle 352The general rule is that judgments issued during the course of proceedings may not be challenged independently before issuance of the concluding judgment terminating the dispute in its entirety. Exceptions thereto. ProviCommercial and Labour — Volume 9 · Source page ٧٣
  17. Principle 353Real Property Leasing Law No. 35/1978. Cases in which a lease contract falls outside this scope. A contract for the lease of a commercial business is not subject to this Law. The reason for this.Commercial and Labour — Volume 9 · Source page ٧٣
  18. Principle 354The contract including material terms unfamiliar in an ordinary lease. Its effect. Its exclusion from the scope of application of Law No. 35/1978 concerning the Lease of Real Estate. Determining which terms are familiar.Commercial and Labour — Volume 9 · Source page ٧٣
  19. Principle 355The rule that the effect of nullity does not extend to the past in a lease contract. Its inapplicability where the subject matter of the contract is prohibited and its exploitation is unlawful. Example.Commercial and Labour — Volume 9 · Source page ٧٣
  20. Principle 356Nullity of the contract for use of the property does not preclude the obligation to pay consideration for its use as compensation equivalent to the benefit obtained.Commercial and Labour — Volume 9 · Source page ٧٣
  21. Principle 357Application of the provisions of the Commercial Code or other legal provisions, rather than the provisions of Real Property Leasing Law 35/1978, where the purpose of the contract is merely speculation to achieve materialCommercial and Labour — Volume 9 · Source page ٧٣
  22. Principle 358Law No. 35/1978 concerning real property leasing. What falls outside its scope of application. Lease contracts containing material terms unusual in an ordinary lease. The criterion for identifying those terms.Commercial and Labour — Volume 9 · Source page ٧٤
  23. Principle 359The jurisdiction of the Rentals Circuit arises only where the dispute relates to a provision of Decree-Law 35/1978 concerning a tenancy relationship. - A claim for an order to return what was collected in enforcement of Commercial and Labour — Volume 9 · Source page ٧٤
  24. Principle 360The jurisdiction of the Rentals Circuit pursuant to the provisions of Decree-Law 35/1978. Its criterion. What falls outside this jurisdiction. An example: an action for recourse by the payer against the debtor and a subrCommercial and Labour — Volume 9 · Source page ٧٤
  25. Principle 362Management of common property belongs to the manager whose appointment is agreed upon by those owning the majority of the shares. - Their failure to appoint a manager and the performance by one co-owner alone of one of tCommercial and Labour — Volume 9 · Source page ٧٤
  26. Principle 363A lease concerning premises whose rent is determined by reference to material and intangible factors whose importance far exceeds that of the premises themselves, such as benefiting from a trade name, a license, or otherCommercial and Labour — Volume 9 · Source page ٧٤
  27. Principle 364Jurisdiction of the rental circuit. Its criterion. The dispute relates to a provision of Decree-Law 35/1978. Which does not apply to contracts containing unusual essential terms or whose purpose is - 74 - Commercial specCommercial and Labour — Volume 9 · Source page ٧٤
  28. Principle 366The lease of a commercial establishment falls outside the scope of application of the Real Estate Leasing Law. Basis thereof.Commercial and Labour — Volume 9 · Source page ٧٥
  29. Principle 367A contract leasing commercial premises and their licence for operation for the same purpose for which they were licensed, which contains exceptional terms unusual in a lease contract. The dispute concerning falling outsiCommercial and Labour — Volume 9 · Source page ٧٥
  30. Principle 368The Real Estate Lease Law excluded from its scope of application lease contracts in certain cases which it set out within a rule governing them. Including the lease of a commercial business. Basis thereof.Commercial and Labour — Volume 9 · Source page ٧٥
  31. Principle 369Recourse by one of the parties to the insurance contract against the car's lessee for a right arising from the insurance contract. Impermissible. So long as the lessee has not acquired ownership of the insured car and isCommercial and Labour — Volume 9 · Source page ٧٥
  32. Principle 370A lease aimed solely at speculation to achieve material profit. The provisions of Decree-Law 35/1978 do not apply to it except insofar as the parties agree. The condition for this. No contravention of public policy.Commercial and Labour — Volume 9 · Source page ٧٥
  33. Principle 371The rule that the effect of nullity does not extend to the past in continuing contracts such as leases. The exception to it: where the subject matter of the contract is prohibited because it contravenes public policy. ExCommercial and Labour — Volume 9 · Source page ٧٥
  34. Principle 372Absence of a quality warranted by the lessor in the leased property. Gives rise to warranty liability without requiring that its absence diminish the benefit or render the property unfit for use. Example concerning the lCommercial and Labour — Volume 9 · Source page ٧٥
  35. Principle 373An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, solely within the limits of the matters appealed. With the original claim remaining unchanged, addition of a new ground.Commercial and Labour — Volume 9 · Source page ٧٥
  36. Principle 374Rent is consideration for use. - Use of a building's facade by placing an advertising sign on it. Its necessary consequence: the company benefiting from the use is bound to pay the agreed rent, irrespective of what the cCommercial and Labour — Volume 9 · Source page ٧٦
  37. Principle 375A lease contract containing substantial conditions unusual in an ordinary lease. Its exclusion from the scope of application of the provisions of Law 35/1978 concerning Real Estate Leases. Reason therefor: these conditioCommercial and Labour — Volume 9 · Source page ٧٦
  38. Principle 376Tender and deposit where the subject is money or another thing that can readily be delivered without hardship to the creditor at his original domicile or place of business. The manner thereof: following the steps prescriCommercial and Labour — Volume 9 · Source page ٧٦
  39. Principle 377An agreement to conceal an instalment sale contract under the guise of a lease contract, describing the price as rent, and upon its full payment the contract converts into a sale contract. The legislature’s disregard of Commercial and Labour — Volume 9 · Source page ٧٦
  40. Principle 378Leasing property held in common. A right of the majority of the co-owners. A lease of the entire property or a physically divided part thereof granted by a co-owner who does not hold a majority of the shares. Valid and eCommercial and Labour — Volume 9 · Source page ٧٦
  41. Principle 379Law 35 of 1978 concerning real property leasing. Does not apply to lease contracts in certain circumstances, including contracts containing material terms unusual in an ordinary lease. The reason for this. Such terms conCommercial and Labour — Volume 9 · Source page ٧٦
  42. Principle 380Engaging in trade is prohibited for a non-Kuwaiti unless he has a Kuwaiti partner or partners whose capital is not less than 51%. Article 23/1 of the Commercial Code. - The Economic Agreement between the States of the GuCommercial and Labour — Volume 9 · Source page ٧٧
  43. Principle 381Total destruction of the leased property during the lease term due to a cause for which neither contracting party is responsible. Its effect is dissolution of the contract by operation of law. The reason for this. The diCommercial and Labour — Volume 9 · Source page ٧٧
  44. Principle 382The relationship of subordination on which a principal's liability for his subordinate's fault is based. Its nature. The latter's being subject to carrying out the principal's orders as to how he performs the work undertCommercial and Labour — Volume 9 · Source page ٧٧

  45. سمسرة

    Principle 383Examination of the rationale for legislation and its underlying reasons. There is no occasion for it unless the text is ambiguous. Decree-Law 35/1978 concerning the lease of immovable property. It contains provisions derCommercial and Labour — Volume 9 · Source page ٧٧
  46. Principle 386A claim for a brokerage fee for mediation in the purchase of company shares on deferred terms is considered a claim arising from a share transaction on deferred terms. The arbitration panel has jurisdiction to hear it whCommercial and Labour — Volume 9 · Source page ٧٨
  47. Principle 387A broker is an agent commissioned by one contracting party to mediate with the other to conclude a transaction in return for remuneration payable upon the success of his mediation.Commercial and Labour — Volume 9 · Source page ٧٨
  48. Principle 388The broker's remuneration. Payable by the person who commissioned him to complete the transaction, not the other party to the contract. One contracting party's assertion that he did not commission the broker to complete Commercial and Labour — Volume 9 · Source page ٧٨
  49. Principle 389Brokerage is a commercial activity. A non-Kuwaiti may not engage in it. A brokerage contract in which the broker is a non-Kuwaiti. Absolutely void as a matter of public policy. It cannot constitute a basis for entitlemenCommercial and Labour — Volume 9 · Source page ٧٨
  50. Principle 390The regulation of brokerage business contained in Minister of Commerce and Industry Decision 10 of 1971 is confined solely to brokerage in dealings in securities of Kuwaiti joint-stock companies. Dealing in shares of GulCommercial and Labour — Volume 9 · Source page
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