Kuwait Court of Cassation principle number 2176

Prohibition on a non-Kuwaiti engaging in trade unless he has a Kuwaiti partner holding at least 51% of the capital. Rationale for this prohibition. Its connection with public policy. Violation of this prohibition entails absolute nullity. - When an act is considered commercial: when undertaken for the purpose of speculation to achieve material profit, even if performed by a person who is not a merchant. Determining this. A matter of fact. - Contracts for the construction, alteration, restoration and demolition of immovable property, where the contractor undertakes to provide raw materials or supply workers. Commercial acts regardless of the capacity or intention of the person undertaking them. - 378 - Commercial