Kuwait Court of Cassation principle number 698

A judgment acquiring the force of res judicata and establishment that the party against whom it was rendered was not properly represented in the proceedings. Its effect. That force does not shield it from challenge by a petition for re- - 155 - Right consideration on this ground, and the court determines the question of the party's representation anew. The reason therefor: improper representation of a party results in the nullity of the proceedings and the judgment rendered therein. - Volition is presumed to exist in a person when concluding a legal act unless the contrary is established. The exception: the two cases of insanity or mental deficiency. Article 100, Civil Code.