Kuwait Court of Cassation principle number 2985

Circumvention to defeat pre-emption that must be turned back upon its perpetrator. Its meaning. That intended to frustrate a right conferred on the pre-emptor by law. - The legislature’s reliance on registration of the real property sale contract to establish the pre-emptor’s knowledge of the sale and commencement of the period for requesting pre-emption. Its import. By that registration, it presumes, irrebuttably, the pre-emptor’s knowledge of the sale without requiring his actual knowledge or obliging the parties to the sale, after registration, to announce it through external indications and manifestations evidencing it. Its effect. The seller’s continued appearance as owner after registration of the contract and the buyer’s concealment. Not regarded as circumvention to defeat pre-emption. Rationale: it does not frustrate a right conferred on the pre-emptor. Vehicle sale: