Kuwait Court of Cassation principle number 3463

An objection by a third party to the proceedings is not a method of challenging judgments. Its true nature: intervention in the proceedings after judgment has been issued therein by a person whom the legislature has empowered to do so. Conditions for its admissibility: the objector proving 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 res judicata effect. The limits of this. - The State's purchase of debts pursuant to Law 41 of 1993. Its effect. Their transfer to it by an assignment of rights effective from the date that Law came into force, with their characteristics, accessories and actions affirming the rights, including the right of objection. An example. - The State's right to object to a judgment issued against the debtor. Article 11 of Law 41 of 1993 concerning debts. Its condition: that the judgment weaken the creditor's general security or affect his financial position. A modification of the conditions laid down by Article 158 of the Civil Procedure Law concerning an objection by a third party to the proceedings. This relates to procedures for intervention in proceedings after judgment has been issued therein. Its immediate application to pending objections pursued by the State after the Debts Law 41 of 1993 came into force, even if the judgment was issued before it came into operation. The reason for this. - The general rule is that a law applies from the date it comes into operation to legal positions arising after its entry into force and to the future effects arising from previous legal positions. An example concerning the changes introduced by - 587 - Civil Procedure the Debts Law 41 of 1993 to the right of objection by a third party to the proceedings.