Kuwait Court of Cassation principle number 2229

The legislature's prescription of a particular form for a contract. Its implication. The contract is invalid unless that form is fulfilled. Rationale therefor and its connection with public policy. Absence. Its effect. Nonexistence of the contract, and every interested person may invoke its nullity, and the court may declare it of its own motion. - Assignment of a share in a limited liability company. It must be effected by an official instrument. Contravention thereof. Its effect. Nonexistence of the assignment and its being regarded as devoid of effect. The challenged judgment's ruling that the acknowledgment containing the assignment of a share is valid and enforceable, although the papers contain nothing establishing fulfilment of the form required by law. A violation of the law and an error in its application requiring its cassation. - 389 - Commercial