Kuwait Court of Cassation principle number 4060

Omission to respond to a material defense raised by a litigant. Inadequacy. - Establishment that the female assignor’s nationality is Lebanese, without dispute by the litigants. Its consequence. Lebanese law is the applicable law as the law of the donor’s nationality at the time of the gift. The appellant’s submission of a copy of the Lebanese Code of Obligations and Contracts and his insistence on its application. A material defense. The judgment’s disregard of it. Inadequacy and error in applying the law requiring its cassation. - What does not constitute it:-