Kuwait Court of Cassation principle number 873

Real property privately owned by the State. Its exploitation may take place only under a lease or a temporary license to use, evidenced in writing, specifying the parties' rights and obligations and the essential conditions unusual in an ordinary lease. - The leasehold right arising from a lease. A movable right even if the subject of the lease is real property. The lessor's intervention to enable the lessee to use the leased premises. Its implication. It is a personal right. It is not subject to the provisions governing ownership in common, including partition of common property in either form, whether partition in kind or partition of enjoyment. - The right of usufruct. Its nature. Its difference from the leasehold right as a financial right existing in itself that can be valued and divided among co-owners in common. Its implication. The lessee's lack of entitlement to partition the leased premises differs in essence from the right of the State Properties Department, derived from the decision of the Committee for the Exploitation of State Lands outside the Planning Boundary—concerning the controls and standards applicable to chalets and the governing implementing regulations—to subdivide the entire licensed land area at the licensees' request and prepare a new plan for each chalet. Preferential right: