Kuwait Court of Cassation principle number 2102

Contracts creating and transferring principal real rights in immovable property, including ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning Real Estate Registration came into force. Transfer of ownership is deferred until after registration. The transferor remains obliged to create the right or transfer it to the transferor obliged to create the right or transfer it to the transferee. The transferor may not, even before registration, claim ownership of the property disposed of against the transferee or dispute with the transferee that right or the compensation assessed in lieu of its expropriation. - Expropriation of land sold under an unregistered preliminary sale contract. The buyer's entitlement to the substitute plot allocated by the State in return for its acquisition of the sold property. The seller's dispute with the buyer over this compensation in kind. Impermissible. A judgment contravening this. An error in applying the law requiring its cassation.