Kuwait Court of Cassation principle number 2747

Issuance of a judgment possessing the force of res judicata and establishment that the party against whom it was issued was not properly represented in the proceedings. Its effect. That force does not protect it against challenge by a petition for reconsideration on this ground, and the court determines the question of the party's representation anew. The rationale thereof: improper representation of a party results in nullity of the proceedings and the judgment issued therein. - A ruling upholding the validity of transactions preceding issuance of a judgment imposing interdiction for mental infirmity. Does not constitute an infringement of binding force so long as it did not conclusively determine the existence of mental infirmity at the time of the transaction.