Kuwait Court of Cassation principle number 525

Transfer of ownership of immovable property. Its deferral until registration has taken place and with effect from its date. Its effect. Registration is decisive. Its import. Priority of the registered contract over the earlier private contract. - An action for the validity and enforceability of a sale contract. Its purpose. Specific performance of the seller’s obligations to transfer ownership of the sold property and obtaining a judgment whose registration substitutes for registration of the contract in transferring ownership. Its import. Granting - 105 - Civil Procedure the buyer’s claim. Its condition. That transfer of ownership to him and registration of the judgment to be issued are possible. - The seller’s disposal of the sold property to another under a registered contract before issuance of the judgment. Its effect. Refusal of the buyer’s claim for the validity and enforceability of his purchase contract.