Kuwait Court of Cassation principle number 3122

A sale contract whose subject matter is an undivided share in land in respect of which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effect. Absolute nullity of the contract. There is no basis for restricting nullity to a particular type of sale. The reason therefor. Article (1) of Law 92 of 1976 concerning certain provisions relating to dispositions of real estate. - The contracting parties’ contravention of a rule relating to public order. Its effect. Absolute nullity of the contract. The court may rule on it of its own motion. - Establishment that the sale contract concerned an undivided share in a larger area in respect of which no subdivision decision had been issued by the Municipality. Its effect. Its nullity. The challenged judgment’s contravention thereof and its ruling confirming ownership on the basis that there is a difference between a claim for confirmation of ownership and the validity and enforceability of the sale contract, despite the respondent basing his claim on a private sale contract concerning that share in respect of which no subdivision decision had been issued. An error in the application of the law requiring its cassation. - 581 - Obligation