Kuwait Court of Cassation principle number 2829

The seller’s obligation to warrant against third-party interference with the buyer based on a legal ground. Its cases: a third party’s assertion of a right over the thing sold that existed at the time of sale or arose after the sale from the seller or the seller’s seller, and that is enforceable against the buyer. The latter has the right to recover the price from the seller if the thing sold is adjudged to belong to another. - Agreement to modify or exclude the warranty provisions is permissible. Its condition: this must be express and clear. The reason therefor is that the warranty provisions are not matters of public policy.