Kuwait Court of Cassation principle number 2746

The seller's obligation to deliver the thing sold. It is fulfilled by placing the thing sold at the buyer's disposal in a manner enabling him to take possession of it and enjoy it without impediment, even if he has not actually taken receipt of it, provided that the seller has informed him thereof. Article 472/1 of the Civil Code. - Proof that the thing sold was placed at the buyer's disposal and that he was notified thereof. It lies with the seller. - The seller's obligation to deliver the thing sold. An obligation to achieve a result, since it derives from his obligation to transfer ownership. Its effect. The risk of destruction before delivery rests with the seller, even if the buyer had become its owner before its destruction, so long as he had not received it. - 531 - Sale - Whether or not the buyer received the thing sold. A question of fact independently determined by the trial judge. The condition therefor. Example.