Kuwait Court of Cassation principle number 1800

Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the petition of appeal, provided their elements were before the court of merits when it adjudicated the action. - Litigation at two levels. Its relation to public policy. - Challenging judgments by an original action for nullity. Impermissible. - Seeking redress against judgments. Must be through the appropriate methods of challenge. Closure or impermissibility of the avenue of challenge. There is no means of setting aside the judgment by an original action for nullity. A judgment's being devoid of its essential elements. Its nonexistence may be pleaded or an original action brought to that effect, as an exception to the general rule. - Bringing an action seeking a declaration of the nonexistence of a judgment directly before the appellate court. Deprivation of a level of - 288 - Civil Procedure litigation. The principle of litigation at two levels relates to public policy. Its effect. Inadmissibility of the action. The court must raise this issue of its own motion. Its proceeding to determine the merits. An error requiring cassation of the judgment.