Kuwait Court of Cassation principle number 2636

The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their formation. The form of a contract prescribed by law constitutes an essential element of the contract. It must be observed when contracting. Failure to do so results in nullity of the contract and the agreements connected with it. - Official form is necessary for the establishment of limited liability companies and for any partner’s assignment of his share therein. Failure to complete this. Its effect: nullity. - A void contract produces no effect in itself. Any interested person, whether a contracting party or a third party, may invoke its nullity, and the court may declare it of its own motion. An example concerning the nullity of a partner’s assignment in a limited liability company because it was not embodied in an official instrument.