Kuwait Court of Cassation principle number 380

Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is not rendered solely for the benefit of the creditor requesting it, but for the benefit of all creditors, even if they were not parties to the proceedings or were undisclosed creditors. The absence from the Commercial Code of a specification of the persons against whom an appeal is to be directed. Its effect. Recourse to the general rules of procedure. The appeal must be directed against the creditor requesting the declaration of bankruptcy and against the creditors' trustee as representative of the body of creditors. Failure to join the latter. Its effect. Nullity of the appeal. The reason therefor. - The obligation to join anyone not joined in the appeal, even after expiry of its time limit. Article 134 of the Code of Procedure. This provision is restricted, in relation to an appeal in cassation, by Article 153/2, which requires the petition to include the names of all litigants who must be joined therein, failing which the appeal is void. Example. Concerning directing an appeal in cassation against the creditor requesting the declaration of bankruptcy without the trustee of the creditors for whose benefit the judgment challenged in cassation was rendered. - 83 - The Law