Kuwait Court of Cassation principle number 1779

An objection by a person outside the proceedings is not a means of challenging judgments. Its true nature: intervention in proceedings after judgment has been rendered, by a person authorized by the legislature. Conditions for its admissibility: the objector must establish fraud, collusion, or gross negligence by the person who represented him in the action. The right thereto remains unless extinguished by lapse of time. Admission of the objection. Its effect. Removal of the judgment's binding effect. The limits thereof. - The State's right to object to a judgment rendered against the debtor. Article 11 of Law 41 of 1993 concerning indebtedness. Its condition: the judgment must weaken the creditor's general security or affect his financial position. Amendment of the conditions contained in Article 158, Civil Procedure, concerning an objection by a person outside the proceedings. This concerns procedures for intervention in proceedings after judgment has been rendered. Its immediate application to pending objections pursued by the State after the entry into force of Indebtedness Law 41 of 1993, even if the judgment was rendered before it took effect. The reason therefor. - The rule is that the law applies from its effective date to legal positions arising after its entry into force and to future effects arising from earlier legal positions. Example concerning the changes introduced by Indebtedness Law 41 of 1993 to the right of objection by a person outside the proceedings.