Kuwait Court of Cassation principle number 2749

The seller’s obligation to deliver the thing sold. Due immediately upon conclusion of the contract unless another time is agreed or the nature of the thing sold or custom requires a specified period to elapse for that delivery. Articles 474 Civil Code and 131 Commerce Law. - The seller may not withhold delivery on the allegation that the buyer is a foreigner and does not satisfy the conditions required for licensing the vehicle sold. Rationale: determining whether the conditions are satisfied falls to the General Traffic Department. - The person in whose name the vehicle license is issued. Is its owner regardless of his breach of his contractual obligations towards the seller. - Inclusion in the vehicle sale contract of a retention-of-title clause pending payment of the price. That clause is void as a matter of public policy. Rationale: it prevents ownership from passing to the buyer in whose name it is licensed. Article 5 bis Traffic Law. - The seller’s and buyer’s obligation to undertake the procedures for transfer of vehicle ownership within a specified period. Article 11 Traffic Law. - Transfer of vehicle ownership. How effected. Example. - 532 - Sale - A contracting party in breach of performance of his obligation under the contract has no right to raise the defense of non-performance because his opponent breached performance of his obligation under another contract. Rationale.