Kuwait Court of Cassation principle number 1246

The general rule is that procedural legal rules apply with immediate effect to actions brought while they are in force, even if those actions arise from earlier facts. - Intervention by the Public Prosecution in certain personal status cases. Mandatory. These are listed by way of - 562 - Personal Status exhaustive enumeration. Article 338 of Law 51 of 1984, including cases concerning persons lacking or having diminished legal capacity. - Failure of the Public Prosecution to intervene in cases in which the law requires such intervention. Its effect is the nullity of the judgment. The reason for this. Its connection with public order. - The first-instance judgment determining a petition for reconsideration filed after Law 51 of 1984 entered into force, without intervention by the Public Prosecution in a dispute concerning a person of diminished legal capacity. The challenged judgment ruling that the first-instance judgment is void. Correct. The fact underlying the dispute in respect of which reconsideration is sought dating back to before the said Law entered into force. Has no effect.