Kuwait Court of Cassation principle number 1563

An action for the validity and enforceability of a sale contract. It is ultimately an action for title intended to secure specific performance of the seller’s obligations that transfer ownership to the buyer and obtain 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 alternatives dividing between them the performance of the debtor’s obligation and 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, since they are identical in subject matter and each falls within the other. Its effect. The buyer’s insistence on a claim for compensation if 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. - Personal obligations: