Kuwait Court of Cassation principle number 1525

Payment is a legal disposition and is therefore subject to the provisions applicable to such dispositions regarding validity and nullity. Its effect. It must be made by a person possessing capacity, free from defects of consent consisting of mistake, deceit, fraud, or duress, and must have a subject and a cause. - The second respondent's deposit of the consideration for exploitation of the disputed premises with the Enforcement Department on his own account, fraudulently and without the judicial receiver's approval, with the intention of creating a legal position for himself over the premises. Its effect. The payment is void and the company is not discharged from this consideration. The challenged judgment's recognition of this payment on the ground that it was valid and that placing the company under judicial receivership does not deprive the judicial receiver of the status of partner, although he is the sole person having capacity to represent it. An error in applying the law and a contradiction of what is established in the record.