Kuwait Court of Cassation principle number 693

Issuance of a judgment possessing the force of res judicata and establishment that the party against whom it was issued was not properly represented in the proceedings. Its effect. That force does not protect it from challenge by a petition for reconsideration on this ground, and the court determines the question of the party’s representation anew. The reason therefor: failure to represent a party properly results in nullity of the proceedings and the judgment rendered therein. - The general rule is that a person possesses volition when entering into a legal act unless the contrary is proved. The exception: the two cases of insanity or mental infirmity. Article 100, Civil Code..