Kuwait Court of Cassation principle number 546

Commercial companies—except a silent partnership—have juridical personality from their formation and are independent of the persons of their partners. - A partner's signing a loan agreement with the bank in his personal capacity, failure to pay the amounts under that agreement when due, and the bank's suing him in his personal capacity in an action in which judgments were issued at first instance and on appeal ordering him to pay the amount, followed by his signing a debt settlement agreement with the creditor bank in his personal capacity, with the agreement containing no mention of his capacity as a partner in the company or that the company is a party to it. Its implication. The effect of the agreement extends to its two parties in their personal capacities. The judgment's contravention of this. It vitiates it and requires its cassation.