Kuwait Court of Cassation principle number 3926

The criterion distinguishing an employment contract from other contracts. It is the element of subordination. The existence of a partnership agreement requires the intention to participate in the partnership’s activity and to share profits and losses. Ascertaining this intention. Within the authority of the court of merits. The absence from the partnership agreement of a provision for bearing losses does not preclude its being regarded as a partnership agreement, and the partner’s share of losses shall equal his share of profits.