Kuwait Court of Cassation principle number 1172

A gift contract. The condition for its completion according to the Malikis. Possession of the gifted property by the donee or his guardian before the donor's death. The father's death leaving minor children for whom he did not appoint a testamentary guardian. The paternal uncle, elder brother, or grandfather may take the father's place and validly receive the property gifted to them. - A gift contract. A matter of personal status. The consequence: the school of Imam Malik is the applicable law. The reason for this.