Kuwait Court of Cassation principle number 2999

The bankruptcy court has jurisdiction to issue authorization to the Kuwait Investment Authority, in its capacity as administrator of the union of creditors, to sell the assets of the bankruptcy estate and deposit the sale proceeds in the treasury of the managing bank for distribution among the creditors after deducting the amounts determined by the court for expenses - Article 21 of Law 41 of 1993, as amended, and its Implementing Regulations. - What the court issues pursuant to its judicial authority. It may be challenged, unlike decisions it issues that do not have the character of judgments. - The decision issued by the bankruptcy court authorizing the Kuwait Investment Authority to sell the assets of the bankruptcy estate without determining a judicial dispute or litigation in the legal sense. A non-contentious judicial act issued by the court in its capacity as the body entrusted with supervision and oversight of the bankruptcy proceedings. Its effect. It may not be challenged by appeal. Prefacing the decision with the word judgment does not alter this. The reason thereof. Article 127 of the Civil Procedure Law. Example. - Bankruptcy decisions. They may not be challenged by appeal unless the law provides otherwise. - Decisions issued by the bankruptcy judge that are not open to challenge. Their nature. A decision issued on a matter outside his jurisdiction. It may be challenged before the Court of Appeal within ten days from the date of notification of the decision. Article 639/1 of the Commercial Code. - 586 - Sale Sale in the Majalla of Judicial Rules: