Kuwait Court of Cassation principle number 3150

The challenged judgment's conclusion that the disposition was deferred until after death, applying the presumption stipulated in Article 943 of the Civil Code, represented by the deceased's retention of the right of residence in the gifted immovable property. Its confining its ruling to disregarding the official acknowledgment of gift and treating it as nonexistent, without ruling that the disposition constituted a will and applying its rules in adherence to the claims. This vitiates it and requires its cassation.