Kuwait Court of Cassation principle number 2997

A sale with a right of redemption is the seller's retention, for a specified period, of the right to recover the thing sold from the purchaser in exchange for returning the price and sale expenses to him. Its import. Treating the contract as a loan secured by a possessory pledge. The consequence thereof. All provisions governing possessory pledges apply to it, including the invalidity of an agreement to acquire ownership of the real property sold, for the protection of the seller. Art. 508, Civil Code. - The invalidity of the agreement in a sale with a right of redemption attaches to the contract from its inception merely upon the seller's retention of his right to recover the thing sold in exchange for returning the price to the purchaser. The invalidity does not cease so that the sale becomes valid through failure to return it, however much time elapses, if either or both contracting parties breach their contractual obligations. Registration of that contract does not alter this. The reason therefor. - 585 - Sale Sale involving uncertainty: