Kuwait Court of Cassation principle number 1932

Sale of a business. Its condition. It must be effected by an official instrument. Failure thereof. Effect thereof. The contract is deemed void, has no legal existence and produces no effect in relation to either the contracting parties or third parties. Any interested person may invoke its nullity, and the court may declare it of its own motion. - The sale encompassing all elements of the business. Not necessary. Inclusion of its essential elements is sufficient. Assessment - 336 - Commercial of whether this is sufficient. For the court of merits, by virtue of its full authority to interpret contracts and ascertain the contracting parties' true intention. Its condition.