Kuwait Court of Cassation principle number 462

Failure to address a material defence raised by a party. Deficiency. - A gift is subject to the donor’s nationality at the time of the gift. The extent of the gift’s effectiveness against the heirs and the amount that may be donated. Its subjection to the donor’s law at the time of death, which is the law governing inheritance and wills. Article 49 of Law 5 of 1961 regulating legal relations involving a foreign element. - The form of the gift is governed by the law of the donor’s nationality. Official form for a gift of immovable property and delivery of possession for a gift of movable property are considered formal requirements for a gift. - Establishment that the female assignor’s nationality is Lebanese, without dispute by the parties. The implication. Lebanese law is applicable as the law of the donor’s nationality at the time of the gift. The cassation appellant’s submission of a copy of the Lebanese Code of Obligations and Contracts and insistence on its application. A material defence. The judgment’s disregard thereof. Deficiency and error in the application of the law requiring its cassation. - 436 - Procedure