Kuwait Court of Cassation principle number 1027

Gift. Revocation is impermissible except for a gift by parents to their child. Exception. Revocation is permissible with judicial authorisation if the donor relies on an acceptable excuse. Its condition. Absence of any impediment to revocation exhaustively specified in Article 539 of the Civil Code. - A gift from one spouse to the other. Revocation is precluded while the marriage subsists. - Assessment of what constitutes a breach by the donee, in their acts and conduct, of their duties towards the donor, and of the donor's inability to provide themselves with suitable means of subsistence or to meet the maintenance legally imposed upon them for others. Within the sole discretion of the trial court. Its condition. - The challenged judgment's finding, within its discretionary authority, that the first respondent had not shown ingratitude or disavowal justifying the appellant's revocation of his gift to her, and that he was not unable to maintain himself and - 201 - Obligation those whom he is obliged to maintain or to provide a dwelling of his own, and its conclusion that none of the cases permitting revocation of a gift existed. Challenging it. A factual argument. It may not be raised before the Court of Cassation.