Kuwait Court of Cassation principle number 4202

Endowed property remains in its existing state, tied up in perpetuity under the rule of ownership by God Almighty, with its benefit given in charity. It may not be disposed of by any type of disposition; thus it is not subject to sale, gift or - 823 - Ownership mortgage, bequest, acquisition of ownership or inheritance. It may, when necessary, be exchanged for something more beneficial if the interest requires this. - Taking possession is not a condition for the effectiveness of a charitable endowment. - All dispositions whose subject matter is a principal right in rem, including an endowment, must be registered. Article 7 of Decree 5 of 1959. Its purpose. Protection of an individual's private interest, given the effect of registration in preserving his rights and giving preference over every unregistered disposition. The endower is not obliged to register his endowment in the commercial register so long as it was issued by official attestation, as it does not relate to public order. The consequence thereof. The legislature did not prescribe the penalty of invalidity of the endowment if the endower fails to register his endowment. An example: concerning the court's ruling upholding the validity of an endowment deed despite its not being registered with the Real Estate Registration Department, considering its authentication with the Jaafari Authentication Department sufficient.