Kuwait Court of Cassation principle number 3072

The legislature's prescription of a particular form for a contract. Its implication. It is not valid unless that form is satisfied. The reason for this is its connection with public policy. Absence. Its effect. The non-existence of the contract; any interested person may invoke its nullity, and the court may rule on it of its own motion. - Assignment of a share in a limited liability company. Must be effected by an official instrument. Contravention of this. Its effect. The non-existence of the assignment and its being considered without effect. The challenged judgment's ruling that the acknowledgment containing the assignment of a share is valid and enforceable, while the documents contain nothing indicating fulfilment of the form required by law. A violation of the law and an error in its application requiring its cassation. - 570 - Obligation