Kuwait Court of Cassation principle number 1628

Commercial companies—other than a silent partnership—have legal personality from their formation and are independent of the persons of their partners. - A partner signing a loan contract with the bank in his personal capacity, failure to pay the amounts under this contract when due, the bank impleading him in his personal capacity in an action in which judgment was rendered at first instance and on appeal ordering him to pay the amount, and his subsequently signing a debt settlement agreement with the creditor bank in his personal capacity, with the agreement making no mention of his capacity as a partner in the partner or of the company being a party thereto. Its implication. The effect of the agreement extends to its parties in their personal capacities. The judgment's contravention thereof. This vitiates it and requires its cassation.