Kuwait Court of Cassation principle number 1424

The legislature’s prescription of a particular form for a contract. Its implication. The contract is valid only upon fulfilment thereof. The reason therefor and its connection with public policy. Failure thereof. Its effect. Non-existence of the contract; any interested person may invoke its nullity, and the court may rule thereon of its own motion. - Assignment of an interest in a limited liability company. It must be effected by an official instrument. Contravention thereof. Its effect. Non-existence of the assignment and its being deemed without effect. The challenged judgment’s ruling that the acknowledgment containing the assignment of an interest is valid and effective, although the papers contain nothing indicating fulfilment of the form required by law. A violation of the law and an error in its application requiring its cassation.