Kuwait Court of Cassation principle number 2753

Absolute nullity of the registered sale contract constituting the mortgagor debtor’s title deed, because he sold the real property to himself from his mortgagor debtor for failure to recover his debt from him, contrary to Article 992 of the Civil Code. Its import. His lack of ownership of the real property in dispute. The mortgage he subsequently created over that real property. Its creation by a non-owner. Its effect. Its nullity in turn, irrespective of the creditor’s good or bad faith in the latter mortgage. Contravention thereof. An error requiring partial cassation of the judgment. - 509 - Obligation