Kuwait Court of Cassation principle number 975

The court administering the bankruptcy. Its jurisdiction to grant permission to the Kuwait Investment Authority, in its capacity as administrator of the body of creditors, to sell the assets of the bankruptcy estate and deposit the sale proceeds in the treasury of the managing bank for distribution to creditors after deducting the amounts determined by the court for expenses. Article 21 of Law 41 of 1993, as amended, and its Implementing Regulations. - What the court issues pursuant to its judicial authority. Permissibility of challenging it, unlike decisions it issues that do not have the character of judgments. - The decision issued by the Bankruptcy Court granting permission to the Kuwait Investment Authority to sell the assets of the bankruptcy estate without determining a judicial dispute or contentious proceedings in the legal sense. A non-contentious judicial act issued by the court as the body entrusted with supervising and overseeing the bankruptcy proceedings. Its effect. Impermissibility of challenging it by appeal. Prefacing the decision with the word “judgment” does not alter this. The reason therefor. Article 127 of the Civil Procedure Law. - 551 - Civil Procedure An example. - Bankruptcy decisions. Impermissibility of challenging them by appeal unless the law provides otherwise. - Decisions issued by the bankruptcy judge that are not subject to challenge. Their nature. A decision issued in a matter outside his jurisdiction. Permissibility of challenging it before the Court of Appeal within ten days from the date of notification of the decision. Article 639/1 of the Commercial Code.