Kuwait Court of Cassation principle number 3762

Termination of agency upon the death of either party. Not a matter of public policy. The consequence: an agreement that the heirs replace the agent upon his death is permissible. - The appellants' contention before the court of merits that the commercial agency contract continued after the death of the agent—the predecessor of the appellants and respondents—and that the respondents manage the agency for all the heirs, that it remains registered in the commercial registers in the predecessor's name, and that they appropriated its revenues for themselves. The appellants' request for the appointment of - 737 - Agency an expert to investigate the validity of this defence. The challenged judgment's disregard thereof, upholding the first-instance judgment dismissing the action on the ground that the agency ended upon the agent's death. This does not constitute a response to this defence or justify rejection of the request to appoint an expert, which vitiates it and requires its cassation.