Kuwait Court of Cassation principle number 4212

A disposition in favor of one of the heirs while retaining possession of the property and the right to its usufruct for life. Its treatment as a disposition taking effect after death. Article 943, Civil Code. Its applicability to a gift contract. - The statutory presumption provided for in Article 943, Civil Code. Conditions for its establishment. The disposition must be in favor of one of the heirs, with retention of the property disposed of for life, and the disposer’s enjoyment thereof must be based on a legal right. Import thereof. Neither the disposer’s mere possession of the property for life without a legal right authorizing him to do so, nor his retention of his right to usufruct, alone establishes that presumption. The burden of proving that these conditions are satisfied. It falls upon the person asserting them. - Assessment of possession of the gifted real property and physical control, assessment of evidence, and inference of presumptions establishing or negating possession. Matters for the court of fact.