Kuwait Court of Cassation principle number 4539

A formal mortgage. A disposition affecting the mortgaged immovable property. Its effect. Enabling the mortgagee creditor, upon non-payment of his claim, to enforce against the mortgaged property and sell it by public auction. Its implication. Property that may not be attached or compulsorily sold by public auction. Its unsuitability as the subject matter of a formal mortgage contract. Invalidity of the mortgage created over it. - A void contract. It cannot serve as a basis for claiming any obligations arising therefrom, produces no effect and is not susceptible to ratification. Its invalidity may be invoked by any interested party, and the court shall rule upon it of its own motion. An example concerning a mortgage over a property allocated for the residence of a Kuwaiti family, attachment of which was declared invalid by an irrevocable judgment.