Kuwait Court of Cassation principle number 640

Constitution of the litigation. The condition for its validity. That it be initiated by a litigant or directed against a litigant possessing capacity to be a party and to litigate, whether at its commencement or upon appeal against the judgment rendered therein. The rationale for this. - The criterion for capacity. The existence of the litigant's legal personality, whether a natural or juridical person. Its absence. Its effect: absolute nullity of the proceedings in the action, pertaining to public policy.