Kuwait Court of Cassation principle number 2891

The reputation of a commercial establishment. Its elements and their combined effect on attracting customers. - The licence and building are among the tangible elements of the business. Leasing it with its tangible and intangible components constitutes a sale of the business. The condition for this. - Determining whether the elements of the business covered by the sale constitute essential elements of the commercial establishment, making its sale a sale of a commercial establishment, or are non-essential. Within the authority of the court of merits. The condition for this. - Characterising whether the sale is a sale of a commercial establishment or a sale of some of its non-essential elements. A question of law subject to review by the Court of Cassation.