Kuwait Court of Cassation principle number 3236

Combining housing in kind and its rent in cash at the same time is impermissible. The principle is performance of the obligation in kind. Provision of housing by the person obliged to pay maintenance. Its consequence. He is not compelled to pay its rent in cash. Reason thereof. Elimination of the maintenance beneficiary's need to obtain shelter through performance of the obligation in kind. Combining the original obligation and its cash equivalent. Unjust enrichment. The husband—the appellant—relying on what the inspection established regarding his preparation of suitable housing for his wife and children. The challenged judgment's failure to examine this defence is an inadequacy of reasoning. - 601 - Obligation