Kuwait Court of Cassation principle number 3700

The provisions and rules of bankruptcy. Their connection with 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 the creditors’ representative in his capacity as representative of the body of creditors. Failure to join the latter. Its effect. Invalidity of the appeal. The reason for this. - The requirement to join anyone not joined in the appeal, even after its time limit has expired. Article 134 of the Law of Procedure. This provision is restricted, with regard to an appeal in cassation, by Article 153/2, which requires the petition to include the names of all litigants who must be joined therein, failing which the appeal is invalid. Example. Concerning an appeal in cassation directed against the creditor seeking the declaration of bankruptcy without the representative of the creditors in whose favour the judgment challenged in cassation was rendered. - 625 - Commercial - Preferential debts:-