Kuwait Court of Cassation principle number 627

Constitution of the proceedings. Conditions for their validity: that they be instituted through valid procedures and that the litigant have capacity to litigate. This must be present at all stages. The reason: nullity of the proceedings for lack of capacity. A recurring nullity. It may be pleaded at any stage of the action. The criterion for capacity to litigate. Cessation of capacity. Its effect. Nullity of the action or appeal. This concerns public policy. - A juridical person. What is required for its establishment. - A sole proprietorship does not have capacity to be a party to proceedings. Its owner conducts proceedings concerning it.