Kuwait Court of Cassation principle number 3603

Custody giving rise to liability is founded on presumed fault. The nature of this. The default is that custody belongs to the owner. It may pass to another under a contract granting the latter authority of use, direction and supervision. What matters is the actual control exercised by the other person over the thing for his own account. The implication of this: the purchaser is a custodian upon taking delivery of the thing sold and exercising his powers over it as owner. Custody remains with him even if the contract is annulled or rescinded, until he returns the thing sold to the seller. Assessment of whether proof exists of the transfer of control from one person to another. A matter of fact. - Transfer of actual control over the vehicle causing the accident to the purchaser upon his taking delivery of it under a purchase contract. Its implication. He becomes its custodian and the seller ceases to have that capacity. Requiring the seller to pay compensation jointly and severally with the purchaser from him. An error requiring partial cassation of the judgment.