Kuwait Court of Cassation principle number 675

An insane person and a person of unsound mind are interdicted by virtue of their condition. The reason. Article 85/1 of the Civil Code. - Curatorship. Vests over the property of an interdicted person in the Public Authority for Minors’ Affairs if he is Kuwaiti, unless the court appoints another curator for him. Article 138/2 of the Civil Code. - The Public Authority for Minors’ Affairs. Has all the powers of a curator, and its curatorship ends only upon the lifting of interdiction. Articles 1 and 21 of Law 67/1983. - Constitution of proceedings. The condition for their validity. They must be initiated by or directed against a party having the capacity to be a party and to litigate, whether at their commencement or upon appeal against the judgment issued therein. The reason. - The criterion for capacity. The existence of legal personality in the party, whether a natural or legal person. Its absence. Its effect. Absolute nullity of the proceedings, pertaining to public policy. Example concerning the joinder of an interdicted person represented by the Public Authority for Minors’ Affairs.