Kuwait Court of Cassation principle number 2562

The principle is that an agent acts in the principal’s name. Exception: the agent acts in his personal name. Rationale: concealing the principal’s name in the transaction if the principal so wishes. Effect thereof. Their relationship becomes that of an agent - 493 - Obligation with his principal by way of interposition or concealment, and is governed by the provisions on agency; the agent is therefore prohibited from appropriating for himself anything he was entrusted to obtain for his principal’s account. He must return to the principal the funds in his possession and the rights acquired for the principal’s account. Prescription of these rights: the period barring the hearing of an action concerning them is suspended as long as the agency subsists and the account between them has not been settled. Rationale. Example.