Kuwait Court of Cassation principle number 3778

Performance of an obligation. It may be effected by someone other than the debtor, even without the debtor’s knowledge or against his will. The debtor’s objection thereto and notification of the creditor thereof. The creditor may refuse performance. - Performance is a legal transaction and is therefore subject to the provisions applicable to legal transactions in respect of validity and invalidity. Its effect. It must proceed from a person with capacity, be free of defects of consent consisting of mistake, deceit, fraud or duress, and have a subject matter and a cause. - Management of another’s affairs without mandate. Its nature. Article 269 of the Civil Code. The intervener’s intention must be directed towards undertaking the act in another’s interest. His intention being directed towards acting in his own interest. He is not regarded as an intervener without mandate, even if his intervention benefits another. - The judicial receiver is the sole person with standing to represent the person placed under receivership. - The second respondent’s deposit of consideration for use of the disputed property with the Enforcement Department for his own account by way of - 635 - Commercial fraud and without the judicial receiver’s consent, with the intention of creating a legal position for himself in relation to the property. Its effect. Invalidity of payment, and the company is not discharged from this consideration. The challenged judgment’s recognition of this payment on the basis of its validity and that placing the company under judicial receivership does not deprive the judicial receiver of his status as a partner, although he is the sole person with standing to represent it. An error in applying the law and a contradiction of what is established in the papers.