Kuwait Court of Cassation principle number 4480

Real property privately owned by the State. Its exploitation may take place only under a lease or a temporary license for use, evidenced in writing and specifying the rights and obligations of both parties and the essential conditions not customary in an ordinary lease. - The tenancy right arising from a lease. A movable right even if the subject of the lease is real property. The lessor’s intervention to enable the lessee to use the leased premises. Its implication. It is a personal right. It is not subject to the provisions governing co-ownership, including either type of partition of co-owned property, whether partition in kind or partition of enjoyment. - The right of usufruct. Its nature. Its difference from a tenancy right, being a financial right existing in itself that can be valued and divided among co-owners. Its implication. The lessee’s lack of entitlement to partition the leased premises differs in essence from the right of the State Property Administration, 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 implementing regulations—to subdivide the entire licensed land area at the licensees’ request and prepare a new plan for each chalet. - See also: Claiming ownership of State real property. Claiming ownership of State real property: