Kuwait Court of Cassation principle number 1021

Expropriation and temporary taking of real property. Their effect. Compensation for the expropriated property must be paid to the owners and holders of rights. Law 33/1964 concerning Expropriation. - Contracts of disposition creating and transferring real rights in immovable property, including ownership. Consensual contracts. Enactment of Law 5/1995 concerning Real Estate Registration. Its effect. Deferral of the creation or transfer of these rights until after registration. Other obligations remain unchanged. A person who has contracted to make a disposition transferring ownership of real property may not claim ownership of it for himself—even before registration—as against the transferee. The reason therefor: a person who warrants transfer of ownership to another may not assert it against him. Its implication. He is not entitled to dispute the compensation assessed for expropriation. - The owners' sale of their properties that were expropriated for public benefit to a company. Its effect. It gives the company standing to bring its action to claim any rights arising from the expropriation. The challenged judgment's departure from this. Defective inference that led it to misapply the law.