Kuwait Court of Cassation principle number 1429

Simulation. Its nature: an agreement between 2 parties to carry out an ostensible, unreal disposition concealing the true relationship between them. As between the contracting parties and their universal successors, regard is had to the true concealed contract, not the concealing simulated contract. - The evidentiary authority of an official instrument. It depends on the particulars recorded therein. An interested party may prove the contrary of its contents by all methods of proof, and may challenge it on grounds of simulation or the ineffectiveness of the disposition, even if registered, because registration does not immunize it from challenge. - Proof in commercial matters, except as excluded by a special provision. Permissible by all legal methods of proof, even if directed to contradicting what is established in writing. - Formation of companies and the sale and purchase of their shares and bonds. A commercial act. Its effect. The simulation of this contract may be established by all methods of proof.