Kuwait Court of Cassation principle number 404

Yield. Its nature. The obligation of the person who committed usurpation to pay it. Its implication. The co-owner in undivided ownership has the right of recourse against his co-owner who usurped the portion allotted to him for the yield due as of the date of partition. Failure to register his share allotted by partition may not be invoked against him. The reason for this. The restriction contained in Article 7 of Decree 5 of 1959 concerning Real Estate Registration. Its confinement to matters relating to real property ownership, to the exclusion of personal rights or obligations. Contravention thereof. A defect requiring partial cassation of the judgment. - 85 - Obligation