Kuwait Court of Cassation principle number 1057

Ascertaining and understanding the facts and assessing whether the litigants' waiver of the right occurred before or after its legal establishment. Within the authority of the court of merits. - The challenged judgment's conclusion that the female custodian granted the right of residence in that capacity in the disputed property is entitled to partition off the portion meeting the need. Its not relying on the defense based on her waiver of this right because she had previously obtained a judgment for a housing allowance, since the amount awarded by that judgment can be discontinued. Correct. Basis thereof: a right cannot be waived before it exists, so obtaining a housing allowance does not constitute an advance waiver of the right of residence subsequently established in one of the housing alternatives provided by the Housing Welfare Institution.