Kuwait Court of Cassation principle number 297

A clear provision whose meaning plainly indicates its intent. It is impermissible to depart from it or construe it under the pretext of seeking guidance from the rationale that prompted it. Example of an erroneous interpretation of Article 18 of the Commercial Companies Law. - The right of a non-managing partner in general partnerships and limited partnerships to request from the manager an account of the management of the company’s business and personally inspect the company’s books, documents, papers, and everything relating to its business to ascertain proper management. A personal right. It is confined to this, without the right to obtain copies of the documents. It is impermissible to appoint an agent to act on his behalf under this rule. Exception. A minor partner. His guardian may act on his behalf. This right may not be assigned to another, nor may his creditors exercise it on his behalf. This concerns public policy. Its effect. It is impermissible to agree otherwise by depriving him of this right or giving the non-managing partner a copy thereof. Contravention thereof. An error in the application of the law.