Kuwait Court of Cassation principle number 687

Valid constitution of proceedings. Its condition: that they be brought by or directed against a party possessing capacity to be a party and to litigate, whether at their commencement or upon appeal against the judgment rendered therein. Reason therefor: the nullity of proceedings for lack of capacity is recurring and attaches to proceedings at all their stages. It may be pleaded at any stage of the action. - Capacity. Its criterion: establishment of the party's legal personality, whether a natural or legal person. Its absence. Its implication: absolute nullity of the proceedings, relating to public policy.