Kuwait Court of Cassation principle number 3925

Judicial receivership. Its basis is the existence of a dispute over property threatened by danger. It has no effect on the property owner's civil capacity in matters outside the judicial receiver's duties and authority. Resolution of the dispute between its parties is one of the grounds for its termination. Its implication. Their right to resort to the courts to determine the dispute over the rights they claim as a preliminary to terminating the receivership. The condition: their action must not fall within the scope of the receiver's duties or conflict with his powers as defined by the judgment appointing him, or by law if the judgment is silent on that matter. - Judicial receivership. It is confined to acts of preservation and management of the property for the purpose of benefiting from and investing it, and such acts of disposition as fall necessarily and incidentally within acts of preservation and management. - A claim relating to the right of co-owners of undivided property to have recourse against a co-owner possessing more than his share for compensation for his use of that share, so as to resolve the dispute between them. It falls outside the scope of the receiver's duties and exceeds acts of management and preservation of the property. Its implication. The action is brought by a party with standing. Contravening this and ruling it inadmissible on the basis that standing therein belongs to the judicial receiver. An error in the application of the law requiring cassation of the judgment. Suretyship