Kuwait Court of Cassation principle number 4327

Co-owners holding at least three-quarters of the undivided property. Their right to dispose of it. The condition therefor. That they rely on strong reasons and that partition would harm the co-owners' interests. The obligation to notify holders of the smaller shares of the decision to dispose of it in writing. The latter's right to object thereto before the court within sixty days. Authorization or refusal of the disposition. A right belonging to the court alone. Art. 827, Civil Code. The legislature's purpose in this arrangement: addressing practical situations that may affect ownership of undivided property. It may not be regarded as contravening the constitutional principle concerning private property. Its effect. Those holding the majority of shares may not transfer their co-owners' ownership and add it to their own, even for a remunerative price and without objection by any of those who do not hold the minority. The rationale therefor.