Kuwait Court of Cassation principle number 4538

Indivisibility of the mortgage. Its implication. Every part of the mortgaged property or properties secures the entire debt, and every part of the debt is secured by all the mortgaged property or properties. The implication thereof: the mortgagor's sale of part of the mortgaged property entitles the mortgagee creditor to enforce the entire debt against the sold property, without being restricted to a portion of the debt proportionate to the value of that property. The debtor's payment of the greater part of the debt. The mortgaged property or properties remain security for the remaining portion of the debt. Article 982, Civil Code. - Formal mortgage. Its extinction upon extinction of the secured debt. - The mortgagor debtor's sale of the property encumbered by the mortgage schedules. The purchaser's failure to dispute this and the managing bank's approval of the sale. Its implication. Agreement on the indivisibility of the mortgage. The bank's approval does not constitute a waiver of the indivisibility condition. The challenged judgment's ruling cancelling the registration of the mortgages encumbering the property in application of Article - 894 - Ownership 1008, Civil Code, although it is inapplicable because the mortgagee creditors did not agree to payment. Violation of the law and error in its application.