Kuwait Court of Cassation principle number 2153

The general rule is the immediate application of procedural legal rules to actions brought while they are in force, even if those actions arose from earlier facts. - Intervention by the Public Prosecution in certain personal status cases. Mandatory. Specified exhaustively. Article 338 of Law 51 of 1984, including cases concerning persons lacking capacity and persons with diminished capacity. - Failure of the Public Prosecution to intervene in cases where the law requires it. Its effect. Nullity of the judgment. The reason for this. Its connection with public policy. - The first-instance judgment's determination of a petition for reconsideration filed after Law 51 of 1984 came into force, without intervention by the Public Prosecution, in a dispute concerning a person with diminished capacity. The challenged judgment's ruling that the first-instance judgment is void. Correct. The fact that the event underlying the dispute in which reconsideration was sought predates the entry into force of the aforementioned law. It has no effect.