Kuwait Court of Cassation principle number 4196

A disposition in favour of an heir while retaining possession of the property and the right to its usufruct for life. Deemed a disposition taking effect after death. Article 943 of the Civil Code. Its application to a gift contract. - The statutory presumption provided for in Article 943 of the Civil Code. Conditions for its establishment. The disposition must be in favour of an heir, with retention of the property disposed of for life, and the disponor's enjoyment of it must be based on a legal right. Consequence thereof. Mere possession of the property by the disponor for life without being based on a legal right authorising this, or retention of his right to usufruct. Neither, alone, establishes that presumption. The burden of proving the fulfilment of these conditions. Falls upon the person asserting them. - Assessment of possession of the gifted real property and physical control, evaluation of evidence, and inference of presumptions establishing or negating possession. Matters for the court of merits.