Kuwait Court of Cassation principle number 4564

Destruction of the thing sold before delivery and before formal notice to the purchaser. The risk lies with the seller. Ownership of real property does not pass except upon delivery. Automatic rescission of the sale and recovery of the price by the purchaser. Its import. Ownership of the real property remains with the seller and his right to the compensation arises. There is no scope for applying the theory of real subrogation except pursuant to a provision or agreement. There is no need for Article 33 of Law 33/1964 concerning expropriation and temporary requisition.