Kuwait Court of Cassation principle number 2821

Compensation assessed for expropriated property. The requirement to pay it to the owners and holders of rights. - Contracts creating and transferring principal rights in rem in immovable property, including ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning Real Estate Registration came into force. Transfer of ownership is deferred until after registration. The transferor remains obliged to create or transfer the right to the transferee. The transferor may not, even before registration, claim ownership of the property disposed of as against the transferee, or dispute with him that right or the compensation assessed in substitution for its expropriation. - Expropriation of land sold under an unregistered preliminary sale contract. The purchaser’s entitlement to the substitute plot allocated by the State in return for its expropriation of the sold property. The seller’s dispute with him over this compensation in kind. Impermissible. A judgment contrary to this. An error in the application of the law requiring its cassation.