Kuwait Court of Cassation principle number 4292

A sale contract whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention thereof. Its effect. Absolute nullity of the contract. There is no scope for restricting nullity to one type of sale. The reason for this. Article (1) of Law 92 of 1976 concerning certain provisions relating to dispositions of real estate. - The contracting parties’ violation of a rule relating to public order. Its effect. Absolute nullity of the contract. The court may rule on it of its own motion. - Establishment that the sale contract concerned an undivided share in a larger area for which the Municipality had issued no subdivision decision. Its effect. Its nullity. The challenged judgment’s contravention thereof and its ruling confirming ownership on the basis of a distinction between a claim for confirmation of ownership and a claim for validity and enforceability of the sale contract, although the respondent bases his claim on a private sale contract concerning that share for which no subdivision decision was issued. An error in the application of the law requiring its cassation.