Kuwait Court of Cassation principle number 1892

Issuance of a judgment declaring bankruptcy. Its effect. Divesting the bankrupt, from its date, of the administration of all his assets, whether related to his trade or not. The reason for this. All his assets secure payment of his debts, and his patrimony is indivisible. This includes assets devolving upon him while bankrupt, and he may not conduct proceedings concerning them except those confined to conservatory measures in which taking the initiative benefits his creditors and does not harm them. Example. An appeal against the first-instance judgment by the respondent company adjudged bankrupt, rather than by the bankruptcy administrator. Void. The subsequent judgment setting aside the bankruptcy declaration does not alter this. The reason: admissibility of an appeal depends on the appellant having capacity when the appeal is lodged. The judgment's disregard of the plea that this appeal was void. An error in applying the law requiring its cassation.