Kuwait Court of Cassation principle number 3152

A gift preceding the issuance of Amiri Decree No. 19/1959 enacting the Law on the Organization of the Judiciary, which was repealed and replaced by Decree-Law No. 23 of 1990 concerning the Law on the Organization of the Judiciary. Its subjection to the rules prescribed in the Majalla of Judicial Provisions, as the law under which the disposition was made. - A gift is acquisition of ownership without consideration for the sake of the donee and is concluded by offer and acceptance, but is not completed except by taking possession. Article 833 et seq. of the Judicial Majalla. - Earnestness in demanding the gifted property and establishing the date of the gift instrument. Indicates that possession was taken. - Assessment of possession of the gifted real property and physical control over it, assessment of the evidence, and inference of presumptions leading to the establishment or negation of possession. Matters of fact. The trial court has sole authority over them without review. The condition therefor. That it base its decision on sound reasons capable of leading to the conclusion it reached. - Gift contract. Establishment of its date before the notary public prior to the entry into force of Real Estate Registration Law No. 5 of 1959. Its implication. Its treatment as one of the instruments admissible to establish the root of title before the authority entrusted with registration procedures. - 615 - Gift - Gift. It is not completed except by taking possession, pursuant to the provisions of the Judicial Majalla. Example concerning a sound inference of the absence of the condition of taking possession of the gifted land necessary to complete the gift.