Kuwait Court of Cassation principle number 731

A party's capacity to litigate. Its criterion. Establishment of his legal personality, whether a natural or legal person. Absence of capacity to be a party to proceedings. Its effect. Nullity of the action and the appeal. This nullity relates to public policy. - The two elements of the creation of a legal person. - A sole proprietorship. It has no legal personality and no capacity to acquire rights and bear obligations, nor does it have capacity to be a party to proceedings. Who sues and is sued on its behalf. Its proprietor, as it forms part of his patrimony. An appeal brought by it. Void.