KUWAIT CITY, June 3: The Court of Appeals, presided over by Justice Professor Mutlaq Hamoud Al-Mutairi, issued a final ruling to cancel the bankruptcy of a consultant doctor and dismissed the lawsuit filed against him in the public session held on May 21, 2024. Lawyer for the consultant doctor, Attorney Dr. Fawaz Khaled Al-Khatib, stressed that doctors are exempted from bankruptcy, because they do not engage in commercial activities.

The ruling included important legal principles like filing an appeal by the Bankruptcy Department as a regulatory procedure. If the appellant files the appeal at the court docket, this does not affect the validity of the appeal. The ruling indicated that even though the Bankruptcy Department receives appeals as an agent, this does not take away the jurisdiction of the Court of Appeals over these appeals.

The ruling also indicated that a bankruptcy verdict would be invalid if it is not preceded by the issuance of a bankruptcy decision; adding in the reasoning that if a ruling was previously issued canceling the bankruptcy decision, it is an essential part of declaring bankruptcy, This leads to the disappearance of the effects of the bankruptcy proceedings, thus, the ruling is invalid and the case is declared inadmissible. The ruling also confirmed an important legal principle stating that doctors cannot be declared bankrupt, given that they do not practice professional commerce and do not engage in commercial business on a regular basis -- a principle that was confirmed in a previous ruling. Al-Khatib pointed out that the ruling cannot be appealed at the Court of Cassation in accordance with the Bankruptcy Law, so the court establishes basic legal principles, which contribute to protecting the rights of doctors and individuals, and emphasizes the importance of sound legal procedures in bankruptcy cases.

By Jaber Al-Hamoud, Munif Naif
Al-Seyassah/Arab Times Staff