Kuwait Court of Cassation principle number 4195

The mortgagee. His reliance on his good faith. Its condition. The mortgaged property must be owned by the debtor. - Sale with a right of redemption. What is required therein. The seller’s retention of the right to recover the property sold in return for repayment of the price. The legislature’s adoption of the practice prevailing before issuance of the Civil Code of treating the contract as a loan secured by a possessory pledge and applying the provisions governing possessory pledges to it without regard to the procedures imposed by law for the seller’s protection.