Kuwait Court of Cassation principle number 298

Adopting anything that contradicts or restricts statutory provisions. Impermissible where they are clear and manifest. Reason therefor. - Inquiry into the rationale of legislation and its grounds. There is no scope for it except where the provision is ambiguous. - Conversion of a company from one legal form to another. Requires publication in the Official Gazette and in two daily newspapers, the lapse of sixty days from the publication date, taking the legal measures necessary for the company's conversion, and annotating this in the commercial register. - The legislature's prescription of a particular form for a contract. Its validity is contingent upon compliance with that form. Introducing an amendment to it. The amendment must comply with that form. Reason: these are matters of public policy. Contravention thereof. Nonexistence of the contract or its amendment. Invoking its nullity. Permissible for any interested party. - Joint-stock companies whose shares are not offered for public subscription must be incorporated by an instrument issued by all founders. Article 94 of the Companies Law. Example.