Kuwait Court of Cassation principle number 3090

Survival of the mortgage granted by an owner whose instrument of title has been declared annulled, rescinded or extinguished, in favour of the mortgage creditor acting in good faith at the time the mortgage was concluded. Its condition. That the mortgaged property be owned by the debtor. Absence thereof. Its effect. He may not invoke good faith. Article 975, Civil Code. - Absolute nullity of the registered sale contract constituting the mortgagor debtor's instrument of title, because he sold the property to himself from his debtor - 574 - Obligation the mortgagor, owing to failure to recover his debt from him, contrary to Article 992, Civil Code. Its implication. His lack of ownership of 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. Contravention thereof. An error requiring partial cassation of the judgment.