Kuwait Court of Cassation principle number 866

Imprisonment of a debtor if he refrains from complying with a final judgment or final payment order despite his ability to pay. Its procedures and conditions. Absence of one of these conditions. Its necessary consequence. Refraining from issuing the orders. - The condition relating to the right claimed. It must be established by a final judgment or final payment order. Its establishment in a valid instrument among the enforceable instruments does not dispense with the requirement that this condition be satisfied. The reason: a right established by a final judgment or final payment order offers greater assurance in a matter connected with the debtor's liberty. - 187 - The right Types of rights: Right of usufruct: