Kuwait Court of Cassation principle number 2898

A gift is subject to the donor's nationality at the time of the gift. The extent to which the gift is effective against the heirs and the amount that may be donated. Subject to the donor's law at the time of his death, which is the law governing inheritance and wills. Article 49, Law 5 of 1961 regulating Legal Relations with a Foreign Element. - The form of the gift is governed by the law of the donor's nationality. Formal execution in a gift of immovable property and taking possession in a gift of movable property are considered formal conditions of the gift. - Establishment that the female transferor's nationality is Lebanese, without dispute by the litigants. Its implication. Lebanese law is applicable as the law of the donor's nationality at the time of the gift. The appellant's submission of a copy of the Lebanese Code of Obligations and Contracts and insistence on its application. A material defence. The judgment's disregard of it. Inadequacy and an error in the application of the law requiring its cassation. - 538 - Obligation