Kuwait Court of Cassation principle number 4330

A third party whose property is in the bankrupt's possession has the right to recover it, thereby averting pro rata distribution among creditors. What is intended thereby. Reconciling the owner's right of recovery with the rights of the body of creditors, by way of departure from the general rules. Article 625 of the Commercial Code. Its implication. The bankrupt's wife may recover from the bankruptcy estate property owned by her. The condition for this: that she establish evidence of the source of the money with which she purchased the movables. Her inability to prove this. No grounds - 852 - Ownership for presuming that the movables consisting of ornaments and jewellery were purchased with the husband's money. Real estate purchased after marriage is presumed to have been purchased with the husband's money. It must revert to the creditors' assets. The basis thereof.