Kuwait Court of Cassation principle number 3149

A disposition in favor of an heir while retaining possession of the thing and the right to enjoy it for life. Deemed a disposition taking effect after death. Article 943 of the Civil Code. Its application to a gift contract. - The legal presumption set out in Article 943 of the Civil Code. Conditions for its establishment. The disposition must be in favor of an heir, with retention of the thing disposed of for life, and the disposer’s enjoyment thereof must rest on a legal right. The implication thereof. Neither the disposer's mere possession of the thing for life without a legal right authorizing it nor retention of the right to enjoy it, alone, establishes that presumption. The burden of proving fulfillment of these conditions. It rests on the person asserting them. - 614 - Gift - Assessment of possession and physical control of donated real estate, evaluation of evidence, and inference of presumptions of possession or its absence. A matter for the court of merits.