Kuwait Court of Cassation principle number 4041

What the Civil Code provides concerning joining the seller in an action claiming title to the thing sold, failing which the buyer's right to the warranty against eviction lapses, and its absence of the provision restricting the buyer's right, in cases of total or partial eviction, to recovery of the price eviction only if the seller succeeds in proving that he did not know the cause of eviction at the time of sale. The absence of similar provisions in the former Commercial Law. Does not prejudice the buyer's right to compensation including the loss he sustained and the profit he lost, even if he did not join the seller.