Kuwait Court of Cassation principle number 419

An action to establish a state of affairs. Its purpose. Taking an interim measure among purely preservatory measures on which an interested party may rely before the court of merits to prove the claim against the other party or to negate it. - Challenging the judgment rendered in an action to establish a state of affairs. Its criterion: the evidence has not been prepared in the action, so a challenge is permissible in order that the court before which the challenge is brought may complete the preparation of evidence feared likely to disappear and remedy deficiencies in its preparation. Example concerning the validity of a judgment that an appeal against a judgment rendered in an action to establish a state of affairs is impermissible. - 84 - Civil Procedure 5- Declaration of bankruptcy:-