Kuwait Court of Cassation principle number 632

Constitution of proceedings. Its condition. They must be instituted through valid procedures and the litigant must have capacity to litigate, whether when the action is initially brought, when the judgment rendered therein is appealed, or when a cassation appeal is lodged. - A litigant’s capacity to litigate. Its criterion. Establishment of that litigant’s legal personality, whether a natural or legal person. Absence thereof. Effect thereof. Nullity of the proceedings. This nullity concerns public policy. - 126 - Procedure