Kuwait Court of Cassation principle number 2662

Termination of the agency upon the death of either of its parties. Is not a matter of public policy. Its import: it is permissible to agree that the heirs substitute for the agent in the event of his death. - The appellants' contention before the trial court that the commercial agency contract continued after the death of the agent—the predecessor of the appellants and respondents—and that the respondents manage the agency for the benefit of all the heirs, that it remains registered in the commercial registers in the predecessor's name, and that they appropriated its revenues for themselves; and the appellants' request for the appointment of an expert to investigate the validity of this defence. The appealed judgment's disregard of this, upholding - 456 - Commercial the first-instance judgment dismissing the action on the basis that the agency terminated upon the agent's death. Does not constitute a valid response to this defence and does not justify rejection of the request to appoint an expert, which vitiates it and necessitates its cassation. - Commission agency contract:-