Kuwait Court of Cassation principle number 1502

The seller’s obligation to deliver the thing sold. It is effected by making the thing sold freely available to the purchaser in a manner enabling him to possess and enjoy it without impediment, even if he has not actually taken possession of it, provided that the seller has informed him thereof. Article 472/1 of the Civil Code. - Proof that the thing sold was placed at the purchaser’s disposal and that he was notified thereof. It rests upon the seller. - The seller’s obligation to deliver the thing sold. An obligation to achieve an end, since it derives from his obligation to transfer ownership. Its effect. The risk of loss before delivery rests upon the seller, even if the purchaser became its owner before its loss, so long as he has not taken delivery of it. - Whether or not the purchaser took delivery of the thing sold. A matter of fact within the exclusive province of the trial judge. The condition therefor. Example.