Kuwait Court of Cassation principle number 2795

The mortgage granted by an owner whose title has been ordered annulled, rescinded, or extinguished remains in favor of the mortgagee who acted in good faith at the time the mortgage was concluded. Its condition. The mortgaged property must be owned by the debtor. Absence thereof. Its effect. He may not rely on good faith. Article 975, Civil Code. - Absolute nullity of the registered sale contract constituting the mortgagor debtor's title, because he sold the property to himself from his mortgagor debtor for failure to recover his debt from him, in contravention of Article 992 of the Civil Code. Its implication. He does not own the property in dispute. The mortgage he subsequently created over this property. Its grant by a non-owner. Its effect. Its nullity in turn, regardless of the creditor's good or bad faith in the latter mortgage. Departure from this. An error requiring partial cassation of the judgment.