Kuwait Court of Cassation principle number 780

Constitution of proceedings. The condition for its validity. That they be instituted through valid procedures and that the party have capacity to litigate. This must obtain at all their stages. The rationale therefor. Nullity of the proceedings for lack of capacity is a recurring nullity. It may be pleaded at any stage of the action. The criterion for capacity to litigate. Its nature. Absence of capacity. Its effect. Nullity of the action or appeal. Its relation to public policy. - A juridical person. What is required for its creation. - A sole proprietorship does not have capacity to be a party to proceedings. Its owner conducts proceedings concerning it.