Kuwait Court of Cassation principle number 4325

Partition of enjoyment by place or time. It does not terminate co-ownership but is a special method of regulating enjoyment of the jointly owned property. The lengthy duration of the partition does not result in the co-owner acquiring ownership of the segregated portion assigned for his enjoyment. - Establishment that the real property can be partitioned for enjoyment, taking into account the distribution of units leased to third parties, without affecting the income from which the debt encumbering the property is paid, and without causing harm to the co-owners, since each co-owner is responsible for the debt attributable to his share. The challenged judgment's rejection of the application to partition the property for enjoyment on the ground that such partition would terminate the exploitation of the leased units from whose income the debt is paid and would inevitably prejudice the two co-owners' interest in discharging the indebtedness. Defective reasoning requiring its partial cassation.