Kuwait Court of Cassation principle number 1431

Intervention by the Public Prosecution in certain personal status cases. Mandatory. Enumerated exhaustively. Article 338 of Law 51 of 1984, including cases concerning persons lacking capacity and persons with diminished capacity. - Failure of the Public Prosecution to intervene in cases where the law requires it. Its effect: nullity of the judgment. The reason therefor. Its relation to public policy. - The first-instance judgment deciding a petition for reconsideration filed after Law 51 of 1984 came into force, without intervention by the Public Prosecution in a dispute concerning a person with diminished capacity. The challenged judgment ruling that the first-instance judgment is void. Correct. The fact that the event underlying the dispute in respect of which reconsideration is sought predates the entry into force of the said law. Of no effect.