Kuwait Court of Cassation principle number 248

A non-Kuwaiti engaging in trade in Kuwait. Not permissible except through a Kuwaiti partner or partners holding at least 51% of the total capital. The reason for this. Determining the nature of the work. A matter of fact. The condition for this. That it be reasonable. An example of an unreasonable inference concerning construction of a concrete structure and finishing works with the supply of materials and workers. - Contracts for the construction, alteration, restoration and demolition of real estate in which the contractor undertakes to supply raw materials or workers. Commercial acts. - The contracting parties’ violation of a mandatory rule relating to public policy. Its effect. Absolute nullity of the contract. - A void contract. Produces no effect. Any interested party may invoke its nullity, and the court may rule upon it of its own motion. - The judgment’s characterization of construction works and the supply of raw materials and workers as relating to a simple craft which a non-Kuwaiti may - 51 - Commercial practise. An error in the application of the law. Requiring its cassation.