Kuwait Court of Cassation principle number 2452

Bankruptcy provisions and rules. They pertain to public policy. - A judgment declaring bankruptcy. It is not issued solely in favour of the creditor requesting it, but in the interests of all creditors, even if they were not parties to the proceedings or were undisclosed creditors. The Commercial Law contains no statement of the persons against whom an appeal must be directed. Effect thereof. Recourse to the general rules in the Civil Procedure Law. The appeal must be directed against the creditor seeking the declaration of bankruptcy and against the creditors’ trustee as representative of the body of creditors. Failure to join the latter. Effect thereof. Nullity of the appeal. Rationale therefor. - The requirement to join a person not joined in the appeal even after its time limit has expired. Article 134, Civil Procedure Law. This provision is restricted, in relation to cassation appeals, by Article 153/2, which requires the appeal petition to include the names of all parties who must be joined therein, otherwise the appeal is void. Example concerning a cassation appeal directed against the creditor seeking the declaration of bankruptcy, but not against the trustee of the creditors in whose favour the judgment challenged in cassation was rendered. - 463 - Civil Procedure