Kuwait Court of Cassation principle number 2631

The legislature's imposition of a particular form for a contract. Its implication. It is not valid unless that form is satisfied. The rationale for this and its connection with public policy. Failure to satisfy it. Its effect. The nonexistence of the contract; any interested party 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 effected by an official instrument. Contravention thereof. Its effect. The nonexistence of the assignment and its being regarded as devoid of effect. The challenged judgment's ruling that the acknowledgment containing an assignment of a share is valid and enforceable, despite the case papers containing nothing indicating satisfaction of the form required by law. A violation of the law and an error in its application requiring its cassation.