Kuwait Court of Cassation principle number 198

Expropriation for public benefit. An in rem procedure directed at the property itself regardless of its owner's name. Import thereof. The property is removed from the sphere of dealings upon issuance and publication of the expropriation decision and notification of its issuance to the real estate registration authority. Meaning thereof. The expropriated property is deemed public property of the State upon completion of these procedures. Effect thereof. The rights of interested parties holding rights in rem over it transfer to the value of the compensation due for expropriation. - 46 - Obligation - Issuance of a decision expropriating the properties in dispute. Necessary consequence thereof. They are removed from the sphere of dealings and become State-owned. Meaning thereof. They cannot be exchanged, and specific performance in respect of them becomes impossible. The challenged judgment's ruling in favour of the respondent company ordering the exchange and delivery to it of substitute plots for its properties. Error.