Kuwait Court of Cassation principle number 4543

The loan granted by the Credit and Savings Bank to beneficiaries of government plots to construct housing thereon. Guaranteed by the government until the date the title deed is issued to the borrower. The bank's failure to recover the loan in full by that date. Issuance of the title deed accompanied by a mortgage. The absence in Law 30 of 1965, as amended, concerning the Credit and Savings Bank, of special regulation of this loan. Recourse must be had to the mortgage provisions of the Civil Code. The consequence. One of the beneficiaries of the plot alone applies for the housing loan. His failure to repay it in full by the date of issuance of the deed. Ownership passes to him secured by a mortgage within the limits of his share in the ownership of the land and building covered by the deed. Its effect. Consent of all beneficiaries of the plot to the loan application. Not necessary. The reason for this. - Permissibility of mortgaging an undivided share in real property. Art. 980 Civil.