Kuwait Court of Cassation principle number 1379

A judgment imposing interdiction for mental infirmity: ruling that dispositions preceding it are valid does not infringe its res judicata effect so long as it did not conclusively determine the existence of mental infirmity at the time of the disposition. - 284 - Obligation - The rule is that a person makes a disposition with sound volition unless the contrary is proven. - A person becoming notorious for insanity or mental infirmity, or the court appointing a curator over him. Its consequence: a presumption that a disposition made by him from the time the condition became notorious or from the time the curator was appointed was made while he was in that state. The burden of proving that the disposition was made during a lucid interval falls on whoever alleges that. - Assessment of the existence of notorious mental infirmity at the time of the disposition. Within the authority of the judge of the merits. Example of rejecting an application to invalidate an assignment contract because it was valid and was made on a date preceding the judgment imposing interdiction on the disposer, and because the state of mental infirmity was not notorious.