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. سمسرة

    Principle 391The rule is that the broker's remuneration is determined by agreement between him and the client who authorized him to seek conclusion of the transaction. In the absence of agreement, the judge determines this remuneratiCommercial and Labour — Volume 9 · Source page ٧٨
  2. Principle 392Brokerage contract. Its definition. When the broker becomes entitled to his remuneration. - The broker's remuneration is not due unless he succeeds in his mediation and the contract is concluded through him; performance Commercial and Labour — Volume 9 · Source page ٧٩
  3. Principle 393The client's right to request reduction of the broker's remuneration to an amount proportionate to the broker's effort. Its rationale. When it ceases to exist.Commercial and Labour — Volume 9 · Source page ٧٩
  4. Principle 394Brokerage, even if undertaken as an isolated act. A commercial act. A non-Kuwaiti is prohibited from engaging in it independently, even if he does not practise it professionally. The reason for this prohibition is the prCommercial and Labour — Volume 9 · Source page ٧٩
  5. Principle 395A claim for brokerage remuneration for mediation in the purchase of company shares on deferred payment. A claim arising from the transaction in respect of which mediation occurred. Jurisdiction to hear it vests in the arCommercial and Labour — Volume 9 · Source page ٧٩
  6. Principle 396The broker's remuneration. The criterion for entitlement to it: his completion of the transaction, irrespective of its performance, rescission, or invalidity for a reason of which he was unaware or which arose after its Commercial and Labour — Volume 9 · Source page ٧٩
  7. Principle 397Limitation of the rights of members of the liberal professions, including brokers. Its period. Five years. The basis of this limitation. A presumption of payment. - Brokers obtaining from the contracting party, after comCommercial and Labour — Volume 9 · Source page ٧٩
  8. Principle 398A broker is entitled to remuneration only upon succeeding in his mediation through the conclusion of the contract for the transaction in which he mediated as a result of his efforts and endeavors. His failure to achieve Commercial and Labour — Volume 9 · Source page ٧٩
  9. Principle 399The basis for a broker's entitlement to remuneration: conclusion of the contract as a result of the broker's mediation. - An action claiming a broker's remuneration shall not be heard, upon denial, after five years have Commercial and Labour — Volume 9 · Source page ٨٠
  10. Principle 400The broker's remuneration is payable by the person who authorized him to endeavour to conclude the transaction. - Several persons authorizing a single broker for a joint undertaking. Its effect. Their joint and several lCommercial and Labour — Volume 9 · Source page ٨٠
  11. Principle 401The broker's fee is determined according to law, agreement, or custom. Its reduction. Within the authority of the trial court. The condition therefor. It may assess his fee if there is no custom determining it.Commercial and Labour — Volume 9 · Source page ٨٠
  12. Principle 403A broker is an agent commissioned by one contracting party to mediate with the other contracting party to complete a transaction between them for remuneration due to him pursuant to an express or implied agreement inferrCommercial and Labour — Volume 9 · Source page ٨٠
  13. Principle 405A broker's entitlement to his remuneration. Its condition. Success of his mediation and conclusion of the contract as a result of his effort and endeavors. - Assessment thereof. A matter of fact. Article 38 of the CommerCommercial and Labour — Volume 9 · Source page ٨٠
  14. Principle 406The broker’s remuneration. The condition for entitlement thereto. His success in his mediation, such that the conclusion of the contract he mediated is a direct result of his effort and endeavours. Article 308 of the ComCommercial and Labour — Volume 9 · Source page ٨٠
  15. Principle 407A broker is a remunerated agent commissioned by one contracting party to mediate with the other contracting party to conclude a transaction between them pursuant to an express or implied agreement. The broker's remuneratCommercial and Labour — Volume 9 · Source page ٨١

  16. عمولة

    Principle 408Brokerage. Its nature. A contract whereby a broker undertakes to a person to search for a second party to conclude a particular contract and to mediate its conclusion in return for remuneration, without having any involvCommercial and Labour — Volume 9 · Source page ٨١
  17. Principle 409The agreed commission or benefit and interest. No prohibition on the creditor combining them even if this exceeds the legally prescribed maximum interest. The condition for this. That the commission or benefit not be witCommercial and Labour — Volume 9 · Source page ٨١

  18. - ماهية البنوك وطبيعة عملها ووظيفتها

    Principle 411Refusal by a bank board member or manager to pay his debts. Its effect. Loss of eligibility for board membership. It need not stem from genuine inability or a disturbed financial position. Assessing whether this exists. Commercial and Labour — Volume 9 · Source page ٨٤
  19. Principle 413Non-Kuwaitis' deposits with banks and companies, the agreements they conclude with them to invest those deposits for their account, and dealing in foreign currency and precious metals. Their exception from the prohibitioCommercial and Labour — Volume 9 · Source page ٨٤
  20. Principle 414Appointing the bank as agent to collect the value of a cheque. Subjection to the agency provisions contained in the Civil Code, supplemented by banking custom. - An agent's appointment of a substitute. Impermissible exceCommercial and Labour — Volume 9 · Source page ٨٤
  21. Principle 415Appointing the bank as agent to collect the value of a check is subject to the provisions on agency in the Civil Code, supplemented by banking custom. - An agent authorized to delegate without designation of the substituCommercial and Labour — Volume 9 · Source page ٨٤
  22. Principle 416Commercial banks. Their nature: institutions whose principal business is accepting deposits for use in banking operations. Law 32 of 1968 concerning Currency, the Central Bank of Kuwait and the Banking Profession. - PracCommercial and Labour — Volume 9 · Source page ٨٥
  23. Principle 417Banks. Their nature. - Exchange companies. Prohibited from conducting banking activities. The rationale for this is to prevent these companies from competing with banks in their primary role.Commercial and Labour — Volume 9 · Source page ٨٥
  24. Principle 418Managing individuals' accounts, pledging, and lending are banking activities that exchange companies may not practise. Every agreement contrary thereto is absolutely void on grounds of public policy, rendering the contraCommercial and Labour — Volume 9 · Source page ٨٥
  25. Principle 419Banking and brokerage operations and activities connected with them. Are considered commercial acts regardless of the status or intention of the person performing them.Commercial and Labour — Volume 9 · Source page ٨٥

  26. - ضوابط تعيين أعضاء مجالس إدارتها

    Principle 422Experience required for membership of a bank's board of directors. Its rules and controls. Article 68, Law 32/1968. The condition that no negligence, default or commission of acts contrary to law be attributed to the canCommercial and Labour — Volume 9 · Source page ٨٦
  27. Principle 423Refusal to pay. Causes loss of eligibility for nomination to membership of banks' boards of directors. No requirement that the refusal indicate genuine inability and a disturbed financial position as justification for loCommercial and Labour — Volume 9 · Source page ٨٦

  28. - بوجه عام

    Principle 424A member of a company's board of directors. Must own a number of its shares, to be deposited with an approved bank within one month from the date of appointment, and not transferable until the membership ends. Failure toCommercial and Labour — Volume 9 · Source page ٨٦
  29. Principle 426Letter of guarantee. Its definition, effect, and the obligation arising from it. - The sums represented by the letter of guarantee are considered funds owned by the bank until paid to the beneficiary. The effect thereof.Commercial and Labour — Volume 9 · Source page ٨٧
  30. Principle 427Documents stipulated in the contract for opening a documentary credit. The bank's obligation to verify their conformity with the instructions of the party ordering the opening of the credit. Scope of this obligation.Commercial and Labour — Volume 9 · Source page ٨٧
  31. Principle 428The bank's liability to its customer for the acts of the foreign correspondent bank undertaking execution of the credit. The condition for its establishment.Commercial and Labour — Volume 9 · Source page ٨٧
  32. Principle 430The relationship of the bank issuing the letter of guarantee with the beneficiary. Its separation from its relationship with the debtor customer. The bank's obligation to pay the amount demanded by the beneficiary so lonCommercial and Labour — Volume 9 · Source page ٨٧
  33. Principle 431Specification of a particular validity period in a letter of guarantee. The effect of this. The bank's obligation remains limited to that period and then lapses thereafter unless renewed before its expiry.Commercial and Labour — Volume 9 · Source page ٨٧
  34. Principle 434The management appointed over the bank by the Iraqi occupation authorities. Its representation of the bank is usurping and unlawful representation. The effect of this. Its acts and procedures are nonexistent as against tCommercial and Labour — Volume 9 · Source page ٨٨
  35. Principle 435Bank transfer. Its definition: the bank's posting of an amount from one customer's account to another account at his request. - The beneficiary's submission of the transfer order to the bank instead of the applicant. ItsCommercial and Labour — Volume 9 · Source page ٨٨
  36. Principle 436The general rule is that a current-account contract of indefinite duration may be terminated at the will of either party. Notice periods shall be observed when closing the account. Absence of periods for this. Its effectCommercial and Labour — Volume 9 · Source page ٨٨
  37. Principle 438A documentary credit is a contract under which the bank undertakes to open a credit at the request of one of its customers in favor of another person, the beneficiary, against documents representing goods transported or Commercial and Labour — Volume 9 · Source page ٨٨
  38. Principle 439Current account. Its nature: a contract whereby 2 persons agree to enter in an account, through reciprocal and interwoven payments, debts arising from transactions between them. It is not confined to banking transactionsCommercial and Labour — Volume 9 · Source page ٨٨
  39. Principle 440Entry of a debt into the current account. Its effect. It is considered one of its entries and becomes a single debt, namely the final debt of the current account balance. Article 395 of the Commercial Law.Commercial and Labour — Volume 9 · Source page ٨٩
  40. Principle 441Establishment that the debt consists of banking facilities granted by the bank to the debtor, for which it opened a current account in which it was entered. The parties' intention that default interest accrue from the duCommercial and Labour — Volume 9 · Source page ٨٩
  41. Principle 442Bank transfer. Its meaning. The bank carrying out a procedure resulting in the transfer of a sum from one customer's account to another account at his request by way of book entry, whereby the sum is entered on the debitCommercial and Labour — Volume 9 · Source page ٨٩

  42. - الاعتمادات المستندية

    Principle 443Payments into a current account. They lose their individual identity in the account, giving rise to a single debt determined upon closure of the account. This is confined to the relationship between the customer, even ifCommercial and Labour — Volume 9 · Source page ٨٩
  43. Principle 444Documentary credit. Its nature. Its independence from the contract for which it was opened. The bank opening the credit is bound only by the terms of the credit itself. Its obligation for the value of payment of the valuCommercial and Labour — Volume 9 · Source page ٨٩
  44. Principle 445Documentary credit. Its nature. Its independence from the contract on account of which the credit was opened. The basis of the bank's undertaking to open it.Commercial and Labour — Volume 9 · Source page ٩٠
  45. Principle 448Documentary credit. Its nature. Its independence from the contract between the seller and purchaser by reason of which the credit was opened. The effect of this. The applicant for opening the credit may not revoke it - tCommercial and Labour — Volume 9 · Source page ٩٠
  46. Principle 450The bank's liability to its customer for the acts of the foreign correspondent bank undertaking execution of the credit. Its condition.Commercial and Labour — Volume 9 · Source page ٩٠
  47. Principle 451Performance of the loan agreement. Its nature. - Credit-opening contract: its definition. A unilaterally binding contract under which the bank undertakes to place the agreed amount at the customer's disposal without the Commercial and Labour — Volume 9 · Source page ٩٠
  48. Principle 452Documentary credit. Its nature. Its independence from the contract by reason of which it was opened. The bank is a stranger to that contract. The independence of the bank's relationship with the beneficiary from the relaCommercial and Labour — Volume 9 · Source page ٩٠
  49. Principle 453The Executive Regulations of Law 41/1993 concerning the State's purchase of certain debts and the manner of their collection. Delegation to the Council of Ministers to issue them. Reason therefor. - 90 - Commercial - ProCommercial and Labour — Volume 9 · Source page ٩٠
  50. Principle 454Opening credit. A contract under which the bank places means of payment at the beneficiary's disposal within a specified amount.Commercial and Labour — Volume 9 · Source page
PreviousPage 8 of 82Next