Kuwait Court of Cassation principle number 120

The State’s purchase of debts pursuant to Law 41 of 1993. Its effect. Their transfer to it under an assignment of rights effective from the date the law enters into force, with their characteristics, accessories and actions affirming the rights, including the right of objection. An example. - The State’s right to object to a judgment rendered against the debtor. Article 11, Law 41 of 1993 concerning Debts. Its condition: the judgment must weaken the creditor’s general security or affect his financial position. An amendment to the conditions contained in Article 158 of the Law of Procedure concerning objection by a third party to the proceedings. Its connection with the procedures for intervention in proceedings after judgment has been rendered therein. Its application with immediate effect to pending objections pursued by the State after the entry into force of Debts Law 41 of 1993, even if the judgment was rendered before it entered into force. The rationale thereof. - The general rule is that the law applies from the date it enters into force to legal positions arising after its entry into force and to future effects ensuing from prior legal positions. An example concerning the changes introduced by Debts Law 41 of 1993 to the right of objection by a third party to the proceedings.