Kuwait Court of Cassation principle number 2311

Action for non-effectiveness of dispositions. Its conditions. - 430 - Civil Procedure - Fraud committed by the debtor is insufficient to render the debtor’s disposition ineffective against the creditor. The creditor must prove collusion between the debtor and the transferee to prejudice the creditor. Basis thereof. - The creditor’s proof of the debtor’s knowledge of the debtor’s insolvency. A presumption of fraud on the debtor’s part even if the debtor did not intend to inflict damage on the creditor, and the transferee may prove that the debtor did not intend to prejudice the creditor.