Kuwait Court of Cassation principle number 1812

Performance of an obligation. Permissible by someone other than the debtor, even without the debtor’s knowledge or against his will. The debtor’s objection thereto and notification of the creditor thereof. The creditor may refuse performance. - Performance is a legal transaction and is therefore subject to the rules applicable to such transactions as regards validity and nullity. Its effect. It must emanate from a person with capacity, be free from defects of consent, and have a subject matter and a cause. - Management of another’s affairs without mandate. Its nature. Article 269 of the Civil Code. The intervening person must intend to perform the act in another’s interest. His intention to act in his own interest. He is not regarded as a manager without mandate even if his intervention benefits another. - The second respondent’s deposit with the Enforcement Department of the consideration for use of the disputed property for his own account, fraudulently and without the judicial receiver’s consent, with the intention of creating a legal position for himself over the property. Its effect. Nullity of the payment, and the company is not discharged from this consideration. The challenged judgment’s recognition of this payment on the basis of its validity and that imposing judicial receivership on the company does not deprive the judicial receiver of the status of partner, notwithstanding that he alone has standing to represent it. Error in applying the law and contradiction of what is established in the papers.