Kuwait Court of Cassation principle number 4614

Compensation assessed for expropriated property. It must be paid to the owners and holders of rights. - Contracts creating and transferring principal rights in rem over immovable property, including the right of ownership. They remain consensual contracts after the provisions of Law No. 5 of 1959 concerning Real Estate Registration came into operation. Deferral of the transfer of ownership until after registration. The transferor remains obliged to create the right or transfer it to the transferee. The transferor may not, even before registration, claim ownership of the property disposed of as against the transferee, or dispute with him this right or the compensation assessed in lieu of its expropriation. - Expropriation of land sold under an unregistered preliminary sale contract. The purchaser’s entitlement to the substitute plot - 909 - Ownership allocated by the State in return for its expropriation of the property sold. The seller’s dispute with him over this compensation in kind. Impermissible. The judgment’s contravention thereof. An error in the application of the law requiring its cassation.