Kuwait Court of Cassation principle number 2724

The state of death illness. Conditions for its existence. - The challenged judgment's inference that the assignment by the deceased predecessor of the minors represented by the first respondent in her capacity was an absolute simulation and a disposition made during death illness, from witness statements whose meaning does not support what it inferred from them and from the other presumptions. Defective reasoning requiring its cassation. The rationale therefor. - An immediately effective disposition. Valid whether it is a sale or a gift disguised as a sale contract satisfying its legal form. - Legal dispositions undertaken by the agent before the principal's death within the limits of the agency. They remain in existence and produce their effects, so the principal acquires all rights arising from them and bears the obligations resulting from them. Sale with retention of the right of usufruct over the property: