Kuwait Court of Cassation principle number 1149

Transfer of ownership of immovable property. Its postponement until registration has occurred and from its date. Its effect. Registration is decisive. Its consequence. Priority of the registered contract over the earlier private contract. - An action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller’s obligations to transfer ownership of the sold property and obtaining a judgment whose registration takes the place of registration of the contract in transferring ownership. Its consequence. Granting the purchaser’s request. Its condition. That transfer of ownership to him and registration of the judgment to be issued are possible. - 219 - Obligation - The seller’s disposition of the sold immovable property to another under a registered contract before issuance of the judgment. Its effect. Not granting the purchaser’s request for the validity and enforceability of his purchase contract.