Kuwait Court of Cassation principle number 4010

The guarantees concerned with encashment or remittance to the State Treasury pursuant to Municipal Council Resolution No. (M B/T 5/123/2005), amending Resolution No. (M B/F 15/10/2002), are those provided by the property owners mentioned in the resolution within the city to increase the building ratio of their properties in accordance with its provisions. The bank guarantee required to be provided for authorization to increase the properties stipulated in Resolution (M B/F 20/232/2000) is not one of those guarantees. The consequence thereof. Its subjection to the general rules applicable to guarantees according to their legal nature. As security for carrying out the works and requirements specified by the aforementioned resolution in return for authorizing the owner to increase construction. Its implication. Kuwait Municipality is not entitled to obtain that guarantee except to the extent corresponding to the value of the works and requirements that the owner was required to carry out but did not execute. - The challenged judgment’s conclusion requiring Kuwait Municipality to return the value of the guarantee provided by the respondent on the ground that it is not one of the guarantees concerned with remittance to the State Treasury, in addition to his having fulfilled all the conditions stated in Municipal Council Resolution No. (M B/F 20/232/9/2000). Correct. Insurance - See: Legal Principles Established by the Court of Cassation over Forty Years - Volume Eight - Commercial and Labour. - 785 - Ownership Original Rights in Rem Ownership Grounds for Acquiring Ownership: - Accession: