Kuwait Court of Cassation principle number 504

The loan granted by the Credit and Savings Bank to beneficiaries of government plots to construct housing thereon. Guaranteed by the government until the date the borrower’s title deed is issued. The bank’s failure to recover the entire loan by that date. Issuance of the title deed accompanied by a real estate mortgage. - The absence in Law 30 of 1965, as amended, concerning the Credit and Savings Bank, of special regulation of this loan. Recourse must be had to the mortgage provisions of the Civil Code. Import thereof. One beneficiary of the plot alone applying for the housing loan. His failure to repay it in full by the date the deed is issued. Transfer of ownership to him secured by a mortgage within the limits of his share in the ownership of the land and building covered by the deed. Effect thereof. The consent of all beneficiaries of the plot to the loan application. Not necessary. Reason therefor. - An undivided share in real estate may be mortgaged. Article 980, Civil Code.