Kuwait Court of Cassation principle number 2472

Grounds of invalidity relating to form and grounds of objection to the conditions of sale. They must be raised before the sales judge or the competent court in accordance with the procedures and time limits provided in Article 271 of the Civil Procedure Law. Failure to do so. Its effect. Lapse of the right to raise them. - The sales judge. The judge’s task is to conduct the sale of the immovable property. Fixing the date of sale and conducting it. Both occur without intervention by attaching creditors or interested parties. Failure to complete the sale on the appointed day for any reason. The sales judge must fix a hearing to conduct it at the request of the interested party, with repetition of the procedures for announcing the sale, observing the legally specified time limits. The legislature’s specification of a time limit for invoking grounds of invalidity preceding the sale hearing, upon whose expiry the opportunity to raise them closes. Its implication. The date of sale intended in Article 271 is the date fixed by the enforcement officer immediately upon registration of the attachment application. Article 264 of the Civil Procedure Law. This date is regarded as the date by which the time limits for the debtor’s action concerning grounds of invalidity or objection are determined. The challenged judgment’s adherence to this view and its ruling that the right to institute the action had lapsed. Does not vitiate it. - Action for disregarding an attachment:-