Kuwait Court of Cassation principle number 1332

A party's capacity to litigate. Its criterion. The existence of legal personality, whether a natural or juridical person. Absence of capacity to be a party to proceedings. Its effect. Nullity of the action and appeal. This nullity concerns public policy. - The two elements of the creation of a juridical person. - A sole proprietorship. It does not enjoy juridical personality. It is not capable of acquiring rights or bearing obligations and does not possess capacity to be a party to proceedings. Who sues and is sued on its behalf. Its owner, since it forms part of his patrimony. An appeal brought by it. Void.