Kuwait Court of Cassation principle number 4205

Endowed property remains as it is, detained in perpetuity under the rule of ownership by Almighty God, with its benefit given in charity. It may not be disposed of by any type of disposition and thus is not subject to sale, gift, mortgage, bequest, acquisition of ownership or inheritance. It may, when necessary, be substituted with something more beneficial if the interest so requires. - 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. Protecting a private interest of the individual because registration has the effect of preserving his rights and giving priority over every unregistered disposition. The endower is not obliged to register his endowment in the commercial register so long as it has been made by an official attestation, as this does not relate to public order. Its implication. The legislature did not prescribe nullity of the endowment as a sanction if the endower fails to register it. An example: concerning the court's ruling that an endowment deed was valid despite its not being registered with the Real Estate Registration Department, deeming its authentication by the Jaafari Authentication Department sufficient. Possession of agricultural plots: