Kuwait Court of Cassation principle number 2060

Inferring simulation from its evidence. Independently undertaken by the judge of merits. - A state of death-illness. Conditions for its existence. - The challenged judgment’s inference that the assignment by the predecessor in title of the minors represented by the first respondent in her representative capacity was absolutely simulated and that it was a disposition made during death-illness, from witness statements whose meaning cannot bear what it inferred from them and from the other presumptions. Defective inference necessitating its cassation. Reason therefor. - An immediately effective disposition. Valid whether it is a sale or a gift concealed in the form of a sale contract satisfying its legal form. - Legal dispositions undertaken by the agent before the principal’s death within the limits of the agency. They remain in existence and produce their effects, so that the principal acquires all rights arising from them and bears the obligations resulting from them.