Kuwait Court of Cassation principle number 414

Issuance of a judgment declaring bankruptcy. Its effect. From its date, the bankrupt is divested of the administration of all his assets, whether connected with his trade or not. The reason: all his assets secure payment of his debts and his patrimony is indivisible. This includes assets devolving upon him while he is bankrupt, and he may not conduct actions relating to them except those confined to conservatory procedures which benefit his creditors and do not harm them. Example. An appeal against the first-instance judgment by the respondent company declared bankrupt, rather than by the bankruptcy administrator. Void. The subsequent ruling reversing the bankruptcy judgment does not alter this. The reason: admissibility of an appeal depends upon the appellant having capacity at the time the appeal is filed. The judgment's disregard of the plea of nullity of this appeal. An error in the application of law requiring its cassation.