Kuwait Court of Cassation principle number 3145

Mental deficiency is an impairment affecting the mind that does not deprive a person of his understanding but merely diminishes it. Its effect. Diminished capacity. The rules governing the dispositions of a discerning minor apply to a mentally deficient person. - Dispositions of a discerning minor. Valid if purely beneficial to him and void if harmful to him in a - 613 - Gift purely harmful manner. Its implication. Granting him capacity to enrich himself and denying him capacity to impoverish himself. What matters in this respect is the nature of the contract itself, not the extent of its ultimate consequences. Its implication. The general rule is that a disposition proceeds from a sound will. The absence thereof entails its invalidity. - A gift contract. A gratuitous contract. It is considered a purely harmful disposition. Its effect. Its invalidity whenever the donor’s mental deficiency is established as at the date it was made.