Kuwait Court of Cassation principle number 1465

Commencement of proceedings. Its criterion. Their constitution by service of the statement of claim. The reason therefor. Fulfilment of the adversarial principle. Fulfilment of the adversarial principle without service. Its sufficiency for the constitution of proceedings. The basis thereof. Article 47 of the Civil Procedure Law. - The appearance of both litigants of their own accord before the court and their presentation of their dispute to it, the submission of incidental claims orally at the hearing in the presence of the opposing party, and intervention in the action. Their import. Enabling the litigant to confront and respond to the claims directed against him. The reason therefor. Regulation of service procedures and specification of - 268 - Civil Procedure the conditions for their validity. Achievement of that purpose through a valid procedure or without a procedure. Its effect. Absence of prejudice, so that nullity is not declared. The reason therefor: form is not intended for its own sake but is a means of achieving a purpose. - The judgment's recognition of service of the statement of appeal on the appellant by delivery of a copy to him at the hearing, thereby fulfilling the adversarial principle. Does not vitiate it.