Kuwait Court of Cassation principle number 2933

The general rule is that agency terminates upon the death of the principal or the agent or the loss of capacity by either of them. The rationale: personal considerations are taken into account in selecting the agent. - Legal acts performed by the agent before his death remain in existence, producing their effects in accordance with the rules of agency. - The agent's heirs must promptly notify the principal of the death of their predecessor and take such measures as the circumstances require in the principal's interests. Its condition: that they have capacity and knowledge of the agency. - Termination of agency upon the death of either party. Not a matter of public policy. Its effect: agreement to the contrary is permissible, whether in the agency contract or in a subsequent agreement. - An agency contract is not inherited and is not considered part of the estate. The effect thereof. An example. - 544 - Obligation