Kuwait Court of Cassation principle number 318

Determining whether the elements of the business establishment covered by the sale constitute essential elements of the commercial establishment such as to make its sale a sale of a commercial establishment, or are merely non-essential elements. Within the authority of the court of merits. The condition for this. - Characterizing whether or not the sale is a sale of a business establishment. A question of law. The judgment's conclusion that the sale includes tangible and intangible elements, although the sale was restricted to the establishment's tangible elements without its intangible elements. An untenable inference and an error in the application of the law requiring its cassation.