Kuwait Court of Cassation principle number 2152

Compensation assessed for expropriated real property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over real property, including ownership. They remain consensual contracts after the entry into force of Law No. 5 of 1959 concerning real estate registration. Transfer of ownership is deferred until after registration. The transferor remains obligated to create or transfer the right to the transferee. The transferor may not, even before registration, claim ownership of the disposed-of real property against the transferee or dispute with him that right or the compensation assessed in substitution for its expropriation. - 401 - Obligation - Expropriation of land sold under an unregistered preliminary sale contract. The purchaser’s entitlement to the substitute plot allocated by the State in exchange for its acquisition of the sold real property. The seller’s disputing with him this compensation in kind. Impermissible. A judgment contrary thereto. An error in the application of the law requiring its cassation. Registration of a gift contract: