Kuwait Court of Cassation principle number 845

Performance of an obligation. It may be made by someone other than the debtor, even without the debtor's knowledge or against his will. The debtor's objection thereto and notification of the creditor thereof. The creditor may refuse performance. - Performance is a legal disposition and is subject to the rules applicable thereto concerning validity and nullity. Effect thereof. It must issue from a person possessing capacity, be free of defects of consent and have an object and a cause. - The judicial receiver is the sole person with standing to represent the person placed under receivership. - 161 - Civil Procedure - The second respondent's deposit of consideration for use of the disputed premises with the Enforcement Department for his own account, fraudulently and without the judicial receiver's consent, with the intention of creating a legal position for himself over the premises. Effect thereof. Nullity of performance, and the company is not discharged from that consideration. The appealed judgment's recognition of this performance on the basis of its validity and that placing the company under judicial receivership does not negate the judicial receiver's status as partner, notwithstanding that he alone has standing to represent it. An error in applying the law and a contradiction of what is established in the case papers.