Kuwait Court of Cassation principle number 3840

Constitution of proceedings. The condition for its validity. They must be initiated by, or directed against, a party having capacity to litigate, whether upon commencement of the proceedings or appeal against the judgment rendered therein. Absence thereof. Its effect. Invalidity of the proceedings in the action. This concerns public policy. - The challenged judgment concluding that the female deceased lacked capacity to enter into legal dispositions and capacity to litigate owing to an intervening condition that deprived her of consciousness and understanding. Its consequently finding the power of attorney issued to her son, pursuant to which he instituted that action, nonexistent, and its proceedings absolutely void. No defect. The heirs' continuation of the proceedings after her death. It does not validate their procedures.