Kuwait Court of Cassation principle number 2754

The seller's failure to perform his contractual obligation to transfer ownership of the real property sold to the buyer where he does not own it or part of it. Breach of a contractual obligation. Its effect. The buyer's right to rescission and compensation. A personal right. An action thereon shall not be heard upon denial after fifteen years, provided the defendant invokes this. The period begins to run from the date on which the seller's lack of ownership of the thing sold is established and the buyer becomes aware thereof. This is not altered by the possibility that ownership of the thing sold may subsequently devolve upon the seller or that the true owner may ratify the sale, and the consequent possibility of applying the rules governing sale of another's property. The basis thereof: application of the provisions of the law is determined by existing legal positions, not hoped-for and desired positions. - The right asserted in an action for partial rescission and compensation for the seller's breach of his obligation to transfer ownership of part of the divisible thing sold to a buyer because he does not own that part. It is the right to partial rescission of the contract and the right to compensation arising from breach of that obligation. Its implication. The acknowledgment that precludes the defendant's plea of non-hearing in that action is his acknowledgment of the claimant's right to rescission and compensation. His failure to acknowledge the right in that manner. Its effect. The judge is precluded from hearing the action whenever the conditions for its application are satisfied. This is not altered by whether the denying party is right or wrong in his acknowledgment. The basis thereof. - Denial requiring non-hearing of the action. It applies to all personal rights of whatever kind so long as the period for non-hearing of the action thereon has elapsed. Its effect. Its application to an action for rescission for breach of the obligation to transfer ownership of the thing sold to the seller. Article 438, Civil Code.