Kuwait Court of Cassation principle number 1331

The principle is that contracts are consensual unless the law requires a particular form for their existence. Effect thereof. Form is an essential element of the contract that must be observed when contracting; otherwise, its contravention results in nullity. - 275 - Obligation - Sale of a business. The sale need not encompass all its constituent elements. Determination of the elements necessary for the existence of the commercial establishment. Depends on the type of trade carried on by the business proprietor. - A contract for the sale of a business. The legislature required it to be embodied in an official instrument before a notary public; otherwise, it is void, and any interested party may invoke its nullity, and the court shall rule thereon of its own motion. Reason therefor: this nullity pertains to public policy.