Kuwait Court of Cassation principle number 1170

An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title. Its purpose is the specific performance of the seller's obligations that would transfer ownership to the purchaser and obtaining a judgment whose registration takes the place of registration of the contract in transferring ownership. - A claim for specific performance and performance by way of compensation. Two counterparts that divide between them the performance of the debtor's obligation and are equal in measure. Its implication. A claim for specific performance implicitly includes a claim for performance by way of compensation if the former is impossible, because they are identical in subject matter and each falls within the other. Its effect. The purchaser's insistence on a claim for compensation in - 223 - Obligation the event that specific performance is impossible, even for the first time before the Court of Appeal, is not a new claim. Contravention of this: vitiates the judgment and requires its partial cassation. Performance of obligations in administrative contracts: