Kuwait Court of Cassation principle number 823

Determining the principal liable for the subordinate’s fault. The relevant time is when the right to compensation arose. This is not altered by the subordinate’s transfer to the supervision and direction of another principal. The condition for this. There must be no case of universal or particular succession. The mere transfer of a department’s affiliation from one State entity to another. It is not regarded as a merger giving rise to universal succession so long as the first entity retains its legal personality, its patrimony and the obligations attaching thereto. It remains solely liable for debts incurred by it towards third parties. Transfer of the department’s functions to a second entity. Has no effect. - 178 - Right - Delay by the Expropriation Department in implementing exchange procedures. Establishment that, when the right to compensation for delay arose, it was affiliated with the Municipal Council, one of the two organs of Kuwait Municipality. Its transfer to the Ministry of Finance as of the date Law No. 2 of 2006 came into force. That Law contains nothing indicating that the Ministry of Finance succeeded Kuwait Municipality in obligations arising before the transfer of affiliation. Its implication. The Minister of Finance lacks standing in the dispute. The challenged judgment’s departure from this and its dismissal of the plea raised by him. Vitiates it and requires its cassation.