Kuwait Court of Cassation principle number 4073

An action for the validity and enforceability of a sale contract. It is ultimately an action claiming title. Its purpose is specific performance of the seller's obligations that would transfer ownership to the purchaser and obtaining a judgment whose registration substitutes for registration of the contract in transferring ownership. - A claim for specific performance and performance by way of compensation. Two alternatives sharing the performance of the debtor's obligation and equal in value. Its implication. A claim for specific performance implicitly includes a claim for performance by way of compensation if the former is impossible, because they have the same subject matter and each is encompassed within the other. Its effect. The purchaser's assertion of a claim for compensation in - 799 - Ownership the event that specific performance is impossible, even for the first time before the Court of Appeal, is not a new claim. Contravening this: vitiates the judgment and requires its partial cassation. - See also: Contract, "Sale Contract" and "Registration of the Contract". Prohibition on dispositions transferring ownership by the testamentary guardian: