Kuwait Court of Cassation principle number 299

Adoption of what contradicts or restricts statutory provisions. Impermissible when they are clear and plain. The reason for this. - Inquiry into the wisdom and reasons underlying legislation. No place for it except where the text is ambiguous. - Conversion of a company from one legal form to another. Requires its publication in the Official Gazette and in 2 daily newspapers, the lapse of 60 days from the publication date, the taking of the necessary legal procedures for conversion of the company, and annotation thereof in the commercial register. - The legislature's prescription of a particular form for a contract. Its validity is contingent upon fulfilment thereof. Introducing an amendment thereto. It must fulfil that form. The reason for this: these are matters of public policy. Violation thereof. Non-existence of the contract or its amendment. Invoking its nullity. Permissible for every interested party. - Joint-stock companies whose shares are not offered for public subscription must be incorporated by an instrument issued by all founders. Article 94 of the Companies Law. Example.