Kuwait Court of Cassation principle number 4273

Yield. Its nature. The obligation of the person who committed the usurpation to pay it. Its implication. The right of a co-owner in undivided ownership to have recourse against his co-owner who usurped the portion allotted to him for the yield due from the date of partition. The failure to register the share allotted to him by partition may not be invoked against him. The reason for this. The restriction contained in Article 7 of Decree 5 of 1959 concerning real estate registration. Its confinement to matters relating to real estate ownership, to the exclusion of personal rights or obligations. Contravention of this. A defect requiring partial cassation of the judgment.