Kuwait Court of Cassation principle number 1558

The seller's failure to perform his contractual obligation to transfer ownership of the sold real estate to the purchaser where he does not own it or part thereof. A breach of a contractual obligation. Its effect. The purchaser's right to rescission and compensation. A personal right. An action for it shall not be heard upon its denial after the passage of fifteen years, provided that the defendant invokes this. The period begins to run from the date on which the seller's lack of ownership of the property sold is established and the purchaser becomes aware thereof. This is not altered by the possibility of ownership of the property sold devolving upon the seller at a later time or the true owner's ratification of the sale and the consequent possibility of applying the provisions on the sale of another's property. The basis thereof: the application of the provisions of the law is determined by existing legal positions, not hoped-for and anticipated positions. - The right claimed in an action for partial rescission and compensation for the seller's breach of his obligation to transfer ownership of part of the divisible property sold to the purchaser because he does not own that part. It is the right to partial rescission of the contract and the right to compensation arising from the breach of that obligation. Its implication. The acknowledgment that precludes the defendant from pleading that such an action may not be heard is his acknowledgment of the claimant's right to rescission and compensation. His failure to acknowledge - 296 - Obligation the right in that manner. Its effect. The judge is precluded from hearing the action whenever the conditions for applying it are fulfilled. This is not altered by whether the denying party is correct or mistaken in his acknowledgment. The basis thereof. - Denial requiring that an action not be heard. It applies to all personal rights, of whatever kind, so long as the period barring the hearing of an action thereon has elapsed. Its effect. Its application to an action for rescission for breach of the obligation to transfer ownership of the property sold to the seller. Article 438 of the Civil Code.