Kuwait Court of Cassation principle number 4223

A disposition to one of the heirs while retaining possession of the property and the right to enjoy it for life. It is regarded as a disposition taking effect after death. Article 943 of the Civil Code. Its application to a contract of gift. - The legal presumption contained in Article 943 of the Civil Code. Conditions for its existence. That the disposition be to one of the heirs while retaining the property disposed of for life, and that the transferor’s enjoyment thereof be based on a legal right. The consequence. Neither the transferor’s mere possession of the property for life without a legal right authorizing it, nor his retention of his right of enjoyment, alone establishes that presumption. The burden of proving the existence of these conditions. It falls upon the person asserting them. - 829 - Ownership - Assessment of possession of the gifted real property and taking possession, evaluation of evidence, and inference of presumptions of possession or its absence. Matters within the trial court’s discretion.