Kuwait Court of Cassation principle number 2299

The criterion for characterising an employment contract and distinguishing it from other contracts is the element of remuneration and subordination. - The criterion for the existence of a partnership contract is the partners' intention to participate in its risk-bearing activity. - Ascertaining the intention to participate. A question of fact independently determined by the trial judge, provided it is reasonable. - The governing consideration in characterising contracts is what the contracting parties intended. Ascertaining that. Within the authority of the court of merits.