Kuwait Court of Cassation principle number 2886

Gift. Revocation is impermissible other than in the case of a gift by parents to their child. The exception. Revocation is permissible with judicial authorization if the donor relies on an acceptable excuse. Its condition. The absence of an impediment to revocation among those exhaustively specified in Article 539 of the Civil Code. - A gift from one spouse to the other. Revocation is precluded as long as the marriage subsists. - 535 - Obligation - Assessing what constitutes a breach by the donee, in her acts and conduct, of what she owes to the donor, and the donor's inability to provide himself with means of living befitting him or to fulfill the maintenance for others imposed upon him by law. A matter exclusively for the court of merits. Its condition. - The challenged judgment's inference, within its discretionary authority, of the absence of ingratitude or repudiation by the first respondent justifying the appellant's revocation of his gift to her, and of the absence of his inability to maintain himself and those whom he is obliged to maintain or to provide a residence of his own, and its conclusion that none of the circumstances permitting revocation of a gift existed. Challenging it. An argument on the merits. Impermissible to raise it before the Court of Cassation.