Kuwait Court of Cassation principle number 1316

The legislature’s prescription of a particular form for a contract. Its meaning. Its invalidity unless that form is satisfied. The reason for this and its connection with public policy. Failure thereof. Its effect. The contract’s non-existence; any interested person may invoke its nullity, and the court may rule on it of its own motion. - Assignment of a share in a limited liability company. It must be made by an official instrument. Contravention thereof. Its effect. The assignment’s non-existence and its being deemed without effect. The challenged judgment’s ruling that the acknowledgment containing an assignment of a share was valid and enforceable, although the papers contained nothing establishing satisfaction of the form required by law. A violation of law and an error in its application necessitating its cassation. - 272 - Obligation