Kuwait Court of Cassation principle number 1711

A clear provision. It is impermissible to adopt what contradicts or restricts it. The reason for this. An example of an erroneous interpretation of Article 212 of the Commercial Companies Law. - A partner in a limited liability company. He has the right to assign his interest by unilateral intention. His assignment to an outsider. Its condition. Notification of the partners through the company’s manager. Their unwillingness to redeem the interest within one month. Its effect. His freedom to dispose of his right, provided that the assignment is embodied in an official instrument. The effectiveness of this disposition as against the partners from the time of entry in the company’s book and the commercial register. This is not dependent upon a resolution of the partners’ general assembly with the approval of a numerical majority of the partners holding three quarters of the capital. The reason for this. The judgment’s contravention thereof. A violation of the law and an error in its application requiring its cassation.