Kuwait Court of Cassation principle number 1432

Third-party opposition is not a method of challenging judgments. Its true nature. Intervention in proceedings after judgment has been delivered therein by a person whom the legislature has empowered to do so. Conditions for its admissibility: proof by the opponent of fraud - 262 - Civil Procedure by the person who represented him in the action, or of that person's collusion or gross negligence. The right thereto remains unless extinguished by lapse of time. Admission of the opposition. Its effect. Removal of the binding authority of the judgment. The limits thereof. - The State's purchase of debts pursuant to Law 41 of 1993. Its effect. Their transfer to it. By virtue of an assignment of rights effective from the date the Law came into force, with their characteristics, accessories, and grounds confirming the rights, including the right of opposition. Example. - The State's right to oppose a judgment delivered against the debtor. Article 11 of Law 41 of 1993 concerning debts. Its condition: that the judgment diminish the creditor's general security or affect his financial position. A modification of the conditions laid down by Article 158 of the Civil Procedure Law concerning third-party opposition. This concerns the procedures for intervention in proceedings after judgment has been delivered therein. Its immediate application to pending oppositions pursued by the State after the entry into force of Debts Law 41 of 1993, even if the judgment was delivered before it came into force. The reason therefor. - The general rule is that a law applies, from the date it comes into force, to legal positions arising after its entry into force and to future effects arising from prior legal positions. Example concerning the changes introduced by Debts Law 41 of 1993 to the right of third-party opposition.