Kuwait Court of Cassation principle number 1548

The seller’s obligation to deliver the thing sold. It is effected by placing the thing sold at the purchaser’s disposal in such a way as to enable the purchaser to possess and enjoy it without impediment, even if the purchaser has not actually taken possession of it, so long as the seller has informed the purchaser thereof. Article 472/1 of the Civil Code. - Proof that the thing sold was placed at the purchaser’s disposal and that the purchaser was notified thereof. The burden rests on the seller. - The seller’s obligation to deliver the thing sold. An obligation to achieve a result, as it derives from the obligation to transfer ownership. Effect thereof. The risk of loss before delivery rests on the seller, even if the purchaser became its owner before its loss, so long as the purchaser has not taken delivery of it. - Whether or not the purchaser took delivery of the thing sold. A question of fact within the exclusive purview of the trial judge. Condition thereof. Example.