Kuwait Court of Cassation principle number 3112

A disposition to one of the heirs while retaining possession of the property and the right to enjoy it for life. Is deemed a disposition taking effect after death. Article 943, Civil Code. Its application to a gift contract. - The legal presumption contained in Article 943, Civil Code. Conditions for its existence. The disposition must be to one of the heirs, with retention of the property disposed of for life, and the disponor's enjoyment of it must be based on a legal right. The consequence thereof. The disponor's mere possession of the property for life without relying on a legal right authorizing this, or retention of the right to enjoy it. Neither, on its own, establishes that presumption. The burden of proving the fulfilment of these conditions. Falls on the person alleging them. - Simulation. Its implication. The contract was never intended to exist by the contracting parties. - Registration. Does not cure a void contract.