Kuwait Court of Cassation principle number 2078

Characterisation of a contract as a commission agency or a contract agency and determination of the rights of its parties. The governing consideration is the contract's provisions and the common intention of the contracting parties at the time the agreement was concluded. - Establishment that the appellant bank is an ordinary sales agent. The challenged judgment's rejection of its plea that the action was inadmissible because it was brought against a party lacking capacity, on the basis that it was a commission agent to whom the effects of the contract accrued. Error and contradiction of what is established in the case papers. - Agency in banking operations:-