Kuwait Court of Cassation principle number 4635

Properties privately owned by the State. Their exploitation may take place only pursuant to a lease contract or a temporary licence to use, evidenced in writing and specifying the rights and obligations of both parties and the essential conditions not customary in an ordinary lease. - The tenancy right arising from a lease contract. A movable right even if the subject matter of the lease is immovable property. The lessor’s intervention to enable the lessee to use the leased premises. Its implication. It is a personal right. It is not subject to the provisions governing ownership in common, including partition of property held in common in either of its forms, whether partition in kind or partition of enjoyment. - The right of usufruct. Its nature. Its difference from the tenancy right, being a pecuniary right existing in its own right that can be valued and divided among co-owners in common. Its implication. The lessee’s lack of entitlement to partition the leased premises differs in its essence from the right of the State Properties Department derived from the decision of the Committee for the Exploitation of State Lands outside the Planning Boundary. Concerning the controls and criteria applicable to chalets and the governing implementing regulations - to carry out subdivision of the entire licensed land area at the request of the licensees and prepare a new plan for each chalet.