Kuwait Court of Cassation principle number 866

Judicial receivership. Its basis is the existence of a dispute over property threatened by danger. It has no effect on the property owner’s civil capacity in matters outside the judicial receiver’s duties and authority. Resolution of the dispute between its parties is one of the grounds for its termination. Its implication. Their right to resort to the courts to determine the dispute over the rights they claim, as a preliminary step toward terminating the receivership. The condition thereof: that their action does not fall within the scope of the receiver’s duties and does not conflict with his powers as defined by the judgment appointing him, or by law if the judgment is silent on that matter. - Judicial receivership. Confined to acts of preserving and administering the property for the purpose of benefiting from and investing it, and the acts of disposition included therein that necessarily and incidentally fall within acts of preservation and administration. - A claim relating to the right of co-owners of property held in common to seek recourse against a co-owner possessing more than his share therein for consideration for his use of that share, in a manner resolving the dispute between them. It falls outside the scope of the receiver’s duties and exceeds acts of administering and preserving the property. Its implication. The action is brought by a person with standing. Contravening that and ruling the action inadmissible on the basis that standing therein belongs to the judicial receiver. An error in the application of the law requiring cassation of the judgment.