Kuwait Court of Cassation principle number 2316

Establishment that the disposition by the appellants' predecessor, subject to the provisions of Law 41 of 1993 concerning the State's purchase of certain debts, of his inherited share was made by him to one of his relatives up to the second degree under the contract dated 21/3/1998. Its implication. Its unenforceability against the State because it was made after 2/8/1990. Article 12 of the said Law. It is impermissible to invoke the lapse provided for in Article 589 of the Commercial Code or the special conditions laid down by that Code in Article 584 for the effectiveness of a disposition during the suspect period against the body of creditors. The reason: the action was not brought in reliance upon it - 431 - Civil Procedure but upon the provisions of Law 41 of 1993 applicable to the facts of the dispute. The challenged judgment's conclusion to that effect is correct. - Action for separation, allotment and partition:-