Kuwait Court of Cassation principle number 3933

Employment contract. Its distinction from other contracts. The criterion therefor. The elements of remuneration and subordination. Law 38 of 1964. Partnership contract. Its criterion. The intention to participate in an activity involving risk. The trial court’s independent authority to infer whether an employment relationship exists. The condition therefor. - The challenged judgment’s inference of an employment relationship between the litigants from documents which do not, in themselves, lead to what the judgment inferred from them and do not address the appellant’s defence. Its effect. The judgment is regarded as defective for unsound inference and inadequate reasoning.