Kuwait Court of Cassation principle number 2910

Transfer of ownership of immovable property. Its deferral until after registration occurs and from its date. Its effect. Registration is decisive. Its consequence. Priority of a registered contract over an earlier private contract. - An action for the validity and enforceability of a sale contract. Its meaning. Specific performance of the seller’s obligations to transfer ownership of the thing sold and obtaining a judgment whose registration substitutes for registration of the contract in transferring ownership. Its consequence. Granting the purchaser’s claim. Its condition. Transfer of ownership to the purchaser and registration of the judgment to be rendered must be possible. - 566 - Sale - The seller’s disposal of the sold property to another under a registered contract before the judgment is rendered. Its effect. The purchaser’s claim for the validity and enforceability of the purchase contract is not granted.