Kuwait Court of Cassation principle number 1941

Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them even if they have not previously been invoked before the court of merits or in the appeal petition, whenever the elements necessary to adjudicate them are available from the facts and papers. The basis thereof. - A judgment declaring bankruptcy. It is not issued for the benefit of the creditor requesting it alone, but for the benefit of all creditors, even if they were not parties to the proceedings or were undisclosed creditors. The Commercial Law's absence of a statement of the persons against whom an appeal is to be directed. Its effect: recourse to the general rules of civil procedure. The appeal must be directed against the creditor seeking the declaration of bankruptcy and the creditors' trustee as representative of the body of creditors. - The requirement to join a person not joined in the appeal, even after its time limit has expired. Article 134 of the Civil Procedure Law. This provision is restricted, in relation to appeals in cassation, by the requirement in Article 153/2 that the petition include the names of all parties required to be joined therein, failing which the appeal is void. An example concerning the direction of an appeal in cassation against the female debtor seeking the declaration of bankruptcy and the creditors alone, without the trustee of the creditors in whose favor the challenged judgment was issued. - 352 - Civil Procedure Types of Actions - The Constitutional Action:-