Kuwait Court of Cassation principle number 1662

Nullity means non-existence. - Giving effect to a void contract whose constituent elements have not been satisfied conflicts with public policy. - A judgment declaring a company void leaves behind a de facto company to be liquidated in accordance with the general rules concerning de facto companies. It may not be invoked against third parties acting in good faith and shareholders. - The action for nullity becoming time-barred upon the lapse of fifteen years from the date of the contract. Art. 186/3, Civil Code. There is no basis for invoking this when nullity is raised by way of defence. Its relation to bringing an action. Invoking the judgment declaring bankruptcy in that regard. Not permissible.