Kuwait Court of Cassation principle number 3552

Identification of the superior liable for the subordinate’s fault. The relevant time is when the right to compensation arises. This is not altered by the subordinate’s transfer to the supervision and direction of another superior. Condition thereof. There must be no case of universal or particular - 655 - Obligation succession. Mere transfer of the affiliation of a department from one state entity to another. Not deemed a merger resulting in universal succession so long as the first entity retains its legal personality, its patrimony, and the obligations attaching thereto. It remains solely liable for the debts incurred by it towards third parties. Transfer of the department’s activities to a second entity. Has no effect.