Kuwait Court of Cassation principle number 284

Termination of agency upon the death of either party. Not a matter of public policy. Implication thereof: it is permissible to agree that the heirs shall replace the agent upon his death. - The court must respond to a definitive request; otherwise, its judgment is devoid of reasons. Appointment of an expert - 55 - Procedure is not a right of the litigants. Implication thereof: the court may refuse it for specific reasons subject to review by the Court of Cassation. - The appellants' contention before the court of merits that the commercial agency contract continued after the death of the agent—the predecessor of the appellants and respondents—and that the respondents were conducting the agency for the benefit of all the heirs, that it remained registered in the commercial registers in the predecessor's name, and that they appropriated its revenues for themselves. The appellants' request for appointment of an expert to verify this defence. The challenged judgment's disregard thereof, upholding the first-instance judgment dismissing the action on the ground that the agency terminated upon the agent's death. This does not constitute a response to this defence and does not justify refusing the request to appoint an expert, which renders it defective and necessitates its cassation.