Kuwait Court of Cassation principle number 4411

The court of merits' assessment that a plea of unconstitutionality is serious. Its effect: its obligation to stay the action and refer the dispute to the Constitutional Court for determination. - A co-owner in undivided ownership. His right to seek partition of the common property unless compelled to remain. He may not be compelled by a legal disposition to remain in undivided ownership for a period exceeding five years. Article 830 of the Civil Code. A plea that this provision is unconstitutional because it does not exclude the family home whose ownership has devolved upon the spouses jointly under the provisions of the Housing Welfare Law, contrary to Article 9 of Part Two of the Constitution. Absence of seriousness. The reason therefor: compelling the spouses to remain in undivided ownership. An exception that effaces the constitutional principle that a person has exclusive enjoyment of his property and may seek partition of his common property. Article 18 of the Constitution.