Kuwait Court of Cassation principle number 180

The husband's capacity. The provisions of Law No. 51/1984 concerning Personal Status apply thereto, rather than the Civil Code. The reason for this. It is a special law containing rules governing capacity to marry. - Conclusion of marriage. Its condition. An offer by the wife's guardian and acceptance of marriage, or by those acting in their stead. - Marriage contract. Its condition. Both spouses possess capacity to marry in terms of sanity and puberty. The reason for this. Marriage of an insane or mentally deficient person. The contract must be undertaken by the guardian of the person according to the order of inheritance. Multiple guardians of the person. The court of merits may select the most suitable among them. Absence of the legally recognized guardian. The judge has guardianship as the holder of general guardianship acting on behalf of the ruler. - A marriage contract concluded by an offer from the wife's guardian and acceptance by the insane or mentally deficient husband himself without his legally recognized guardian. A void marriage not susceptible to ratification. The reason: a defect in the husband's capacity prevents conclusion of the contract because one of its essential elements is absent. Example concerning the nullity of a marriage contract because the interdicted husband undertook it himself without his guardian, despite that guardian signing it as a witness.