Kuwait Court of Cassation principle number 3837

Sale of an undivided share in vacant land for which no subdivision decision has been issued, before obtaining prior permission from the municipality. Absolutely void, and the court shall so rule of its own motion. Implication thereof: the sale produces no effect, obligations arising from it cannot validly be claimed, and it cannot be ratified pursuant to Articles 184, 185 Civil Code. Basis thereof. Article 1 of Law 92/1976 concerning certain provisions governing dispositions of real property. - Challenging the judgment for dismissing an action for partition and allotment of an undivided share on the ground that the contract for sale of that share was concluded before issuance of the subdivision decision and without obtaining prior permission from the municipality. Incorrect. This is not altered by a subsequent decision of the Municipal Council approving the subdivision. Challenging the judgment's characterization of the contract as a sale contract rather than a power of attorney authorizing ownership of the undivided share and its registration after approval by the competent authority. Ineffectual. - 753 - Agency