Kuwait Court of Cassation principle number 3212

The tenancy right arising from a lease. A movable right even if the subject of the tenancy is immovable property. The lessor’s intervention to enable the lessee to use the leased property. Its implication. It is a personal right. It is not subject to the provisions governing co-ownership in undivided shares, including partition of common property in either form, whether partition in kind or partition of enjoyment. - Usufruct. Its nature. Its difference from the tenancy right, being a pecuniary right existing in its own right that can be valued and divided among co-owners in undivided shares. Its implication. The lessee’s lack of entitlement to partition the leased property differs in substance from the right of the State Property Department derived from the decision of the Committee for the Exploitation of State Lands Outside the Planning Boundary concerning the controls and standards for chalets and the governing Executive Regulations—to subdivide the entire licensed land area at the licensees’ request and prepare a new plan for each chalet. - 630 - Lease Lease and administration of common property: