Kuwait Court of Cassation principle number 4531

Continuation of a mortgage granted by an owner whose title has been declared invalid, rescinded, or extinguished, in favor of a mortgagee acting in good faith at the time the mortgage was concluded. Its condition. The mortgaged property must be owned by the debtor. Absence thereof. Its effect. He may not invoke good faith. Article 975, Civil Code. - Absolute nullity of the registered sale contract constituting the mortgagor debtor’s title, because he sold the property to himself from his mortgagor debtor for failure to recover his debt from him, in violation of Article 992, Civil Code. Its import. His lack of ownership of the property in dispute. The mortgage he subsequently created over that property. Its creation by a non-owner. Its effect. Its nullity in turn, regardless of the creditor’s good or bad faith under the latter mortgage. Contravention thereof. An error requiring partial cassation of the judgment.