Kuwait Court of Cassation principle number 638

The rule is that procedural legal rules apply with immediate effect to actions brought while they are in force - 127 - Civil Procedure even if those actions arise from earlier facts. - Intervention by the Public Prosecution in certain personal status cases. Mandatory. The cases are exhaustively enumerated. Article 338 of Law 51 of 1984, including cases concerning persons lacking capacity and persons of diminished capacity. - Non-intervention by the Public Prosecution in cases where the law requires it. Its effect. Nullity of the judgment. The reason for this. Its connection with public policy. - The first-instance judgment determining a petition for reconsideration filed after Law 51 of 1984 entered into force, without intervention by the Public Prosecution, in a dispute concerning a person of diminished capacity. The challenged judgment ruling that the first-instance judgment was void. Correct. The fact underlying the dispute in respect of which reconsideration is sought predating the entry into force of the aforementioned law. Has no effect.