Kuwait Court of Cassation principle number 2769

Bankruptcy provisions and rules. Their relation to public policy. - A judgment declaring bankruptcy. It is not issued solely in favour of the creditor requesting it, but in the interest of all creditors, even if they were not parties to the proceedings or were undisclosed creditors. The Commercial Code's failure to specify against whom an appeal is to be directed. Its effect. Recourse to the general rules of procedure. The appeal must be directed against the creditor seeking the declaration of bankruptcy and against the creditors' trustee as representative of the body of creditors. Failure to join the latter. Its effect. Nullity of the appeal. The reason for this. - The requirement to join a person not joined in the appeal even after expiry of its time limit. Article 134, Civil Procedure Code. This provision is qualified, as regards appeals in cassation, by Article 153/2, requiring the petition to contain the names of all parties who must be joined therein; otherwise, the appeal is void. Example. Concerning an appeal in cassation directed against the creditor seeking the declaration of bankruptcy but not against the trustee of the creditors in whose favour the judgment challenged in cassation was issued.