Kuwait Court of Cassation principle number 4270

The trial court’s assessment that the plea of unconstitutionality is a serious plea. Its effect: its obligation to stay the action and refer the dispute to the Constitutional Court for determination. - A co-owner in undivided ownership. His right to request partition of the common property unless compelled to remain. He may not be compelled by a legal disposition to remain in undivided ownership for a period exceeding five years. Article 830, Civil Code. A plea that this provision is unconstitutional on the ground that it does not except the family home whose ownership devolved upon the spouses in undivided shares pursuant to the provisions of the Housing Welfare Law, contrary to the text of Article 9 of Part Two of the Constitution. Absence of the characteristic of seriousness. The reason for this: compelling the spouses to remain in undivided ownership. An exception that effaces the constitutional principle that a person shall enjoy exclusive ownership of his property and may request partition of his common property. Article 18, Constitution.