Kuwait Court of Cassation principle number 2136

Contracts creating and transferring principal real rights in real property, including ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning real estate registration came into effect. Transfer of ownership is deferred until after registration. The transferor remains bound to create or transfer the right to the transferee. The transferor may not, even before registration, claim ownership of the property disposed of against the transferee, or dispute that right or the compensation assessed in lieu of its expropriation. - Expropriation of land sold under an unregistered preliminary sale contract. The purchaser’s entitlement to the substitute plot allocated by the State in consideration of its acquisition of the sold property. The seller’s dispute with him over this compensation in kind. Impermissible. The judgment’s contravention thereof. An error in applying the law requiring its cassation.