Kuwait Court of Cassation principle number 1800

The provisions of Law No. 32 of 1969 concerning the Regulation of Commercial Premises Licences. The prohibition on issuing a licence to a non-Kuwaiti and the requirement that he be the owner of the establishment's capital or of a share of no less than 51% thereof and that he be responsible for management. Its purpose. Its provisions concern public policy. Their application with immediate effect from their entry into force to the effects produced by contracts predating them. The judgment's ruling that the contract is void because the non-Kuwaiti owned the establishment with all its contents, including the capital, throughout the duration of the contract extending beyond the entry into force of the aforementioned law. It does not vitiate it. The distinction between exploitation of the licence and exploitation of the premises. There is no scope for it. The reason therefor. - 313 - Commercial