Kuwait Court of Cassation principle number 2899

The legislature’s prescription of a particular form for a contract. Its import. It is valid only upon fulfillment of that form. The rationale therefor. Its connection with public policy. Failure thereof. Its effect. Nonexistence of the contract. Any interested person may invoke its nullity, and the court may rule thereon of its own motion. - The sale encompassing all the elements constituting the establishment in order to be considered a sale of a business. Not necessary. Determining the elements indispensable to the existence of a commercial establishment depends on the type of trade carried on by the owner of the business. - A contract for the sale of a business. Its recording in an authentic instrument before a notary is a condition of its formation. Contravention thereof. Nullity of the contract.