Kuwait Court of Cassation principle number 2090

Constitution of proceedings. The condition for its validity. That they originate from a party or are directed against a party possessing capacity to be a party and to litigate, whether upon their commencement or upon appeal against the judgment issued therein. The rationale therefor. - The criterion for capacity. The existence of legal personality of the party, whether a natural or a juridical person. Its absence. Its effect: absolute nullity of the proceedings, pertaining to public policy.