Kuwait Court of Cassation principle number 688

Constitution of litigation. The condition for its validity. That it be initiated by or directed against a party possessing capacity to be a party and to litigate, whether upon its commencement or upon appeal of the judgment rendered therein. The reason therefor. - 153 - The Right - The criterion of capacity. The existence of legal personality for the litigant, whether a natural or juridical person. Its absence. Its effect: the absolute nullity of the proceedings, pertaining to public policy.