Kuwait Court of Cassation principle number 2651

The seller’s obligation to deliver the thing sold. Due immediately upon completion of the contract unless another date is agreed upon or the nature of the thing sold or custom requires the passage of a specified period for such delivery. Articles 474, Civil Code, and 131, Commercial Code. - The seller may not withhold delivery on the ground that the purchaser is a foreigner and does not satisfy the conditions necessary for licensing the car sold. The reason therefor: determination of whether the conditions are satisfied or not is entrusted to the General Traffic Department. - The person in whose name the car’s licence is issued. He is its owner regardless of his breach of his contractual obligations towards the seller. - 488 - Obligation - Inclusion in the car sale contract of a retention-of-title clause until payment of the price in full. Nullity of that clause on grounds of public policy. The reason therefor: it prevents transfer of ownership to the purchaser in whose name it is licensed. Art. 5 bis, Traffic Law. - The seller’s and purchaser’s obligation to take the procedures for transfer of ownership of the car within a specified period. Art. 11, Traffic Law. - Transfer of ownership of the car. Its manner. An example. - A contracting party in breach of performance of his obligation under the contract may not plead non-performance because of his opponent’s breach of performance of his obligation under another contract. The reason therefor.