Kuwait Court of Cassation principle number 504

Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the petition of challenge and were not previously invoked before the court of merits. The condition for this. - Litigation procedures pertain to public policy. Violation of the fundamental forms of litigation and its prescribed procedures for bringing actions. Its effect. Nullity, which the court may declare of its own motion. - The judge's non-contentious acts. The legislature specified them exhaustively. - Orders on petitions. They may not be issued in cases where no special provision authorizes their issuance. The absence of any provision in the Civil Code, the Commercial Code or the Code of Procedure permitting recourse to orders on petitions to assess the remuneration of a custodian appointed over disputed property, as well as the absence of a statutory provision concerning the type of judicial expenses for whose assessment an order is sought. Its effect. An action must be brought concerning it through the ordinary procedures for bringing actions. The challenged judgment's departure from this and its ruling upholding the order on a petition issued to assess the remuneration of the respondent - 445 - Procedure for judicial custodianship work. A violation of the law requiring its cassation.