Kuwait Court of Cassation principle number 4290

Co-owners who own at least three-quarters of the common property. Their right to dispose of it. The conditions thereof. That they rely on strong reasons and that partition would be detrimental to the co-owners’ interests. The holders of the smaller shares must be notified in writing of the decision to dispose. The latter’s right to object thereto before the court within sixty days. Authorization of the disposition or refusal. A right vested in the court alone. Article 827, Civil Code. The legislature’s purpose in this arrangement: addressing practical situations that may arise in relation to ownership of common property. It may not be regarded as contravening the constitutional principle concerning private ownership. Its effect. Those owning the majority of the shares may not transfer - 843 - Ownership the ownership of their co-owners and add it to their own ownership, even for a remunerative price and without objection from any of those who do not own the minority. The reason therefor.