Kuwait Court of Cassation principle number 4296

Immovable properties privately owned by the State. Their exploitation may take place only pursuant to a lease contract or a temporary licence for use evidenced in writing, specifying the rights and obligations of both parties and the essential conditions unusual in an ordinary lease. - The leasehold right arising from the lease contract. A movable right even if the subject of the lease is immovable property. The lessor's intervention to enable the lessee to use the leased property. Its implication. It is a personal right. It is not subject to the rules of undivided co-ownership, including partition of undivided property in either form, whether partition in kind or partition of enjoyment. - The right of usufruct. Its nature. Its difference from a leasehold right, being a financial right existing independently that may be valued and divided among undivided co-owners. Its implication. The lessee's lack of entitlement to partition the leased property differs in essence from the right of the State Properties Department, derived from the decision of the Committee for the Exploitation of State Lands Outside the Planning Boundary—concerning the controls and criteria for chalets and the governing executive regulations—to subdivide the entire licensed land area at the licensees' request and prepare a new plan for each chalet. - 845 - Ownership