Kuwait Court of Cassation principle number 1356

Performance is a legal act and is therefore governed by the provisions applicable to legal acts as regards validity and nullity. Its effect. It must emanate from a person with capacity, be free from defects of consent, and have a subject matter and a cause. - The second respondent's deposit of the consideration for use of the disputed property with the Enforcement Department for his own account, fraudulently and without the judicial receiver's consent, intending to create a legal position for himself in respect of the property. Its effect. Invalidity of the performance, and the company is not discharged from this consideration. The challenged judgment's recognition of this performance on the basis of its validity and that placing the company under judicial receivership does not deprive the judicial receiver of his status as a partner, notwithstanding that he alone has standing to represent it. An error in applying the law and a contradiction of what is established in the papers.