Kuwait Court of Cassation principle number 3116

The general rule is that contracts are consensual. Mere mutual consent of the contracting parties suffices for their formation. The form of contract prescribed by law constitutes an essential element of the contract. It must be observed when contracting. Failure to do so entails the nullity of the contract and its associated agreements. - Official form is necessary for the establishment of limited liability companies and for the assignment by any partner of his interest therein. Failure to complete this. Its effect: nullity. - A void contract in itself produces no effect whatsoever. Any interested person, whether a contracting party or a third party, may invoke its nullity, and the court may rule on it of its own motion. Example concerning the nullity of an assignment by a partner in a limited liability company because it was not embodied in an official instrument.