Kuwait Court of Cassation principle number 3203

The loan granted by the Credit and Savings Bank to beneficiaries of government plots to erect housing thereon. Guaranteed by the Government until the date of issuance of the borrower’s title deed. Failure of the Bank to recover the entire loan by that date. Issuance of the title deed accompanied by a mortgage. The absence of special regulation of this loan in Law No. 30 of 1965, as amended, concerning the Credit and Savings Bank. Recourse must be had to the mortgage provisions of the Civil Code. Its implication. An individual beneficiary of the plot alone applying for the housing loan. His failure to repay it in full by the date of issuance of the deed. Transfer of ownership to him secured by a mortgage to the extent of his share in ownership of the land and building covered by the deed. Its effect. Consent of all beneficiaries of the plot to the loan application. Not necessary. The reason therefor.