Kuwait Court of Cassation principle number 3157

A gift is governed by the donor's nationality at the time of the gift. The extent to which the gift is effective against the heirs and the amount that may be donated. These are governed by the donor's law at the time of his death, which is the law governing inheritance and wills. Article 49 of Law 5 of 1961 regulating legal relations involving a foreign element. - 616 - Gift - The form of a gift is governed by the law of the donor's nationality. Official form for a gift of immovable property and taking possession for a gift of movable property are deemed formal requirements of a gift. - Establishment that the female assignor's nationality is Lebanese, without dispute by the litigants. Its implication. Lebanese law is applicable as the law of the donor's nationality at the time of the gift. The appellant's submission of a copy of the Lebanese Code of Obligations and Contracts and insistence on its application. A material defence. The judgment's disregard of it. Deficient reasoning and an error in application of the law requiring its cassation.