Kuwait Court of Cassation principle number 3830

Termination of the agency upon the death of either party. Not a matter of public policy. The import thereof: it is permissible to agree that the heirs replace the agent upon his death. - The appellants’ assertion 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 the benefit of 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 appointment of 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 basis that the agency terminated upon the agent’s death. Does not constitute a proper response to this defence and does not justify refusing the request to appoint an expert, thereby vitiating it and requiring it to be quashed.