Kuwait Court of Cassation principle number 302

A clear provision. It is impermissible to adopt anything contrary to it or restricting it. The reason therefor. Example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limited liability company. Has the right to transfer the share by unilateral will. Transfer to an outsider. Its condition. Notification of the partners through the company manager. Their lack of desire to redeem the share within a month. Its effect. Freedom to dispose of the right, provided that the transfer is embodied in an official instrument. This disposition takes effect against the partners from the time of entry in the company's book and the Commercial Register. This does not depend on a resolution of the partners' general meeting approved by a numerical majority of the partners holding three-quarters of the capital. The reason therefor. The judgment's contravention thereof. A violation of law and an error in its application requiring its cassation.