Kuwait Court of Cassation principle number 4386

Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not previously asserted before the court of merits. The condition for this. - A plea of lack of subject-matter jurisdiction is a matter relating to public policy. It is considered present in the litigation and before the court even if no plea concerning it is raised before it, and the court rules on it of its own motion. - The criterion for determining the courts' final jurisdiction. Their adherence to the rules of jurisdiction prescribed by law and their not departing from them expressly or implicitly. Its relation to public policy. Contravention thereof. Its effect. The appeal against the judgment falls outside the restriction of nullity set out in Article 138 of the Civil Procedure Law. The rationale.