Kuwait Court of Cassation principle number 2941

Termination of agency upon the death of either party. Is not a matter of public policy. Its implication: it may be agreed that the heirs replace the agent in the event of his death. - The appellants’ contention before the trial court that the commercial agency contract(*) continued after the death of the agent—the predecessor of the appellants and respondents—and that the respondents manage the agency for the benefit of all the heirs, that it remains registered in the commercial registers in the predecessor’s name, and that they appropriated its revenues for themselves; and the appellants’ request for appointment of an expert to ascertain the validity of this defence. The challenged judgment’s disregard of this, affirming the first-instance judgment dismissing the action on the basis that the agency ended upon the agent’s death. Does not constitute a response to this defence and does not justify refusal of the request to appoint an expert, which vitiates it and requires its cassation.