Kuwait Court of Cassation principle number 3798

Commission agency and contract agency. Their nature and the distinction between them. - Characterisation of the contract, whether it is a commission agency or a contract agency, and determination of the rights of its parties. The governing consideration is the contract’s provisions and the common intention of the contracting parties at the time the agreement was concluded. - 744 - Agency - Establishment that the appellant bank is an ordinary sales agent. The challenged judgment’s rejection of its plea that the action is inadmissible because it was brought against a party lacking the requisite capacity, on the basis that it is a commission agent to whom the effects of the contract extend. Error and contradiction of what is established in the case papers. Agency in banking operations: