Kuwait Court of Cassation principle number 2740

Contracts of disposition creating and transferring rights in rem in immovable property, including ownership. Consensual contracts. Enactment of Law 5/1959 concerning real estate registration. Its effect. Creation or transfer of these rights is deferred until after registration. All other obligations remain unchanged. A person who has contracted to transfer ownership of real property may not claim ownership thereof for himself—even before registration—against the transferee. The reason therefor: a person who guarantees transfer of ownership to another may not assert it against that other. Its implication. He has no right to dispute the compensation assessed for expropriation. - Owners’ sale to a company of their properties that were expropriated for public benefit. Its effect. It gives the company standing to bring its action to claim any rights arising from the expropriation. The challenged judgment’s departure from this. Defective reasoning leading it to an error in applying the law. Installment sale contract: