Kuwait Court of Cassation principle number 412

Establishment of the possibility of partitioning the property's enjoyment, taking account of the allocation of units leased to third parties and without affecting the yield from which the debt encumbering the property is paid, and without causing harm to the co-owners, considering that each co-owner is responsible for the debt attributable to his share. The challenged judgment's dismissal of the request for partition of the property's enjoyment on the basis that such partition would result in ending exploitation of the leased units from whose yield the debt is paid and would inevitably prejudice the two co-owners' interest in discharging the indebtedness. Defective reasoning requiring its partial cassation.