Kuwait Court of Cassation principle number 1380

Mental infirmity is a defect affecting the mind that does not deprive a person of understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning minor apply to a mentally infirm person. - Dispositions of a discerning minor. Valid if purely beneficial to the minor and void if purely detrimental to the minor. Implication. Granting the minor capacity to acquire wealth and denying the minor capacity to diminish wealth. The determining factor is the nature of the contract itself, not the extent of its ultimate consequences. Implication. The principle is that a disposition must emanate from a sound will. Failure of this requirement entails its invalidity. - Gift contract. A gratuitous contract. It is regarded as a purely detrimental disposition. Effect. Its invalidity where the donor's mental infirmity at the date of its execution is established. Prodigality and heedlessness: