Kuwait Court of Cassation principle number 2746

A contract of sale whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effect. Absolute nullity of the contract. There is no basis for restricting nullity to one type of sale. The reason for this. Article (1) of Law 92 of 1976 concerning certain provisions relating to the disposal of real property. - The contracting parties' violation of a rule relating to public policy. Its effect. Absolute nullity of the contract. The court may declare it of its own motion. - Establishment that the sale contract concerned an undivided share in a larger area for which no subdivision decision had been issued by the Municipality. Its effect. - 507 - Obligation Its nullity. The challenged judgment's contravention thereof and its ruling confirming ownership on the basis of a difference between a claim for confirmation of ownership and validity and enforceability of the sale contract, despite the respondent relying in his claim upon a private sale contract for that share for which no subdivision decision had been issued. An error in the application of the law requiring its cassation. Sale with a right of redemption: