Kuwait Court of Cassation principle number 1351

Constitution of proceedings. The condition for its validity. Institution through valid procedures and the litigant’s capacity to litigate. This must be present at all stages. The reason for this: invalidity of the proceedings for lack of capacity. A recurring - 237 - Commercial invalidity. It may be pleaded at any stage of the action. The criterion for capacity to litigate. Termination of capacity. Its effect. Invalidity of the action or appeal. This concerns public policy. - A legal person. What is required for its creation. - A sole proprietorship has no capacity to be a party to proceedings. Its proprietor conducts proceedings concerning it.