Kuwait Court of Cassation principle number 2895

A gift preceding the issuance of Amiri Decree No. 19/1959 enacting the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of the Judiciary. Its subjection to the rules prescribed in the Majalla of Judicial Provisions as the law under which the disposition was made. - A gift is acquisition of ownership without consideration for the sake of the donee; it is concluded by offer and acceptance and is not completed except by taking possession. Article 833 and subsequent articles of the Majalla of Judicial Provisions. - Earnestness in requesting the gifted property and establishing the date of the gift instrument. Indicates that possession was taken. - Assessing possession of the gifted real estate and physical control over it, assessing evidence and drawing inferences leading to the establishment of - 537 - Obligation possession or its negation. Matters of fact. Independently determined by the court of merits without review. Its condition. Basing its judgment on sound reasons capable of leading to the conclusion it reached. - A gift contract. Its date having been authenticated before the notary prior to the entry into force of Real Estate Registration Law No. 5 of 1959. Its consequence. Its being regarded as one of the instruments accepted to establish the root of title before the authority entrusted with registration procedures. - A gift. Is not completed except by taking possession, in accordance with the provisions of the Majalla of Judicial Provisions. Example concerning a sound inference that the condition of taking possession of the gifted land, necessary to complete the gift, was absent.