Kuwait Court of Cassation principle number 2854

It is impermissible to open or own any establishment or office for the purpose of engaging in trade without first obtaining a licence therefor. The licence is issued only to a person of Kuwaiti nationality who owns the establishment’s capital and is responsible for its management. Failure to satisfy this results in revocation of the licence. This pertains to public policy. Agreement to the contrary results in absolute nullity. Example. - The old obligation being void entails the nullity of the new obligation for lack of its cause, so no novation occurs. The nullity of the new obligation leaves the old obligation subsisting.