Kuwait Court of Cassation principle number 1609

A clear text whose meaning plainly indicates its intent. It is impermissible to depart from it or interpret it under the pretext of seeking guidance from the rationale that prompted it. An example of an erroneous interpretation of Article 18 of the Commercial Companies Law. - The right of a non-managing partner in general partnerships and simple limited partnerships to request from the manager an account of the management of the partnership’s business and personally to inspect the partnership’s books, documents, papers, and everything relating to its business to ascertain sound management. A personal right. Confined to that, without the right to obtain copies of documents. It is impermissible to appoint an agent to act for him under this rule. Exception. A minor partner. His guardian may act on his behalf. This right may not be assigned to a third party, and his creditors may not exercise it on his behalf. Its connection with public policy. Its effect. It is impermissible to agree otherwise by depriving him of this right or giving the non-managing partner a copy thereof. Contravention thereof. An error in the application of the law.