Kuwait Court of Cassation principle number 670

Valid constitution of litigation. Its condition. That it be brought through proper procedures and that the litigant have capacity to litigate. This must exist at all stages of the action. The reason therefor. Nullity of litigation proceedings for lack of capacity. A recurring nullity attaching to them at all stages, which may be pleaded at any stage of the action and which the court declares of its own motion. The effect thereof. - Acts of a person lacking discernment that involve both benefit and detriment. What is meant thereby. Those under which a person receives and gives, regardless of the extent of the benefit or loss accruing to him personally. The implication thereof. - 149 - The Right The bringing of an appeal by a person lacking discernment, and the bringing of an appeal against him without joining his legal representative. Its effect. Its nullity for failure to constitute litigation.