Kuwait Court of Cassation principle number 2859

The legislature’s prescription of a particular form for a contract. Its significance. It is not valid unless that form is fulfilled. The reason therefor and its connection with public policy. Absence. Its effect. Non-existence of the contract; any interested person may invoke its nullity, and the court may declare it of its own motion. - Assignment of a share in a limited liability company. It must be effected by an official instrument. Contravention thereof. Its effect. Non-existence of the assignment and its being deemed without effect. The challenged judgment’s ruling that the declaration containing assignment of a share is valid and effective, although the papers contain nothing establishing fulfilment of the form required by law. Contravention of the law and error in its application requiring its cassation.