Kuwait Court of Cassation principle number 3117

An expression of intent may be express or implied. Article 35 of the Civil Code. - The challenged judgment's ruling establishing the respondents' ownership of an area of the plot's land in lieu of the remaining area of the land covered by the instrument, based on their predecessor's not having previously relinquished the remaining area of the gift, despite their predecessor's acceptance of the issuance to him of a title deed for an area smaller than the area specified in the gift instrument after its survey and inspection on site in his presence and under his guidance, his request for allocation of a plot instead of the plot for which the title deed had been issued, and his payment of the difference in area without any reservation and without requesting exclusion of the excess portion established in the gift instrument from the substitute land or deduction of the difference in area. Defective inference.