Kuwait Court of Cassation principle number 2878

Determination of the principal liable for the subordinate's fault. The relevant time is when the right to compensation arises. The subordinate's transfer to the supervision and direction of another principal does not alter this. 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. Not considered a merger entailing universal succession so long as the first entity retains its legal personality and financial patrimony and the obligations attaching thereto. It remains solely liable for the debts incurred by it toward third parties. Transfer of the department's activities to a second entity. Has no effect. - Delay by the Expropriation Department in implementing the exchange procedures. Establishment of its affiliation, when the right to compensation for delay arose, to the Municipal Council, one of the two organs of Kuwait Municipality. Its transfer to the Ministry of Finance as of the effective date of Law No. 2 of 2006. Its absence of anything indicating succession by the Ministry of Finance to Kuwait Municipality in the obligations - 559 - Sale arising before the transfer of affiliation. Consequence. The Minister of Finance lacks standing in the dispute. The challenged judgment's contravention of this and its ruling rejecting the plea raised by him. Vitiates it and necessitates its cassation. - The obligation to pay the price: