Kuwait Court of Cassation principle number 4015

Circumvention intended to defeat pre-emption that must be turned back against its perpetrator. What is meant thereby. It is that intended to frustrate a right conferred on the pre-emptor by law. - The legislature's reliance on the fact of registration of the contract of sale of immovable property to establish the pre-emptor's knowledge that the sale has occurred and the commencement of the period for seeking pre-emption. Implication thereof. By such registration, it presumes, irrebuttably, the pre-emptor's knowledge of the sale, without requiring his actual knowledge or obliging the parties to the sale, after registration, to announce it through external signs and manifestations indicating it. Effect thereof. The seller's continued appearance as owner after registration of the contract and the purchaser's concealment. These are not considered circumvention intended to defeat pre-emption. Rationale: they do not frustrate a right conferred on the pre-emptor.