Kuwait Court of Cassation principle number 674

The insane person and the person of impaired intellect are interdicted by virtue of their condition. The reason for this. Article 85/1 of the Civil Code. - Curatorship. Vests in the Public Authority for Minors Affairs over the property of an interdicted person if he is Kuwaiti, unless the court appoints another curator for him. Article 138/2 of the Civil Code. - The Public Authority for Minors Affairs. Has all the powers of a curator, and its curatorship ends only upon the lifting of interdiction. Articles 1 and 21 of Law 67/1983. - Constitution of proceedings. The condition for its validity. That they be instituted by or directed against a party possessing the capacity to be a party and to litigate, whether upon their commencement or upon appeal against the judgment rendered therein. The reason for this. - The criterion for capacity. Establishment of the party's legal personality, whether a natural or legal person. Its absence. Its effect. Absolute nullity of the proceedings in the action, involving public policy. Example concerning proceedings against an interdicted person represented by the Public Authority for Minors Affairs.