Kuwait Court of Cassation principle number 144

Summary: - An abandoned movable is one its owner dispenses with by relinquishing possession with the intention of terminating his ownership thereof. Article 876/1 of the Civil Code. - Attempting to appropriate copper wires belonging to the Ministry of Electricity and Water, which were under surveillance and possession of which had not been relinquished with the intention of terminating ownership thereof. The contention that they were abandoned property. Unsound. Rule: An abandoned movable, as indicated in the first paragraph of Article 876 of the Civil Code, is one its owner dispenses with by relinquishing possession with the intention of terminating his ownership thereof, thereby becoming ownerless. The facts of the case as established by the judgment were that the copper electrical wires which the first appellant attempted to appropriate belonged to the Ministry of Electricity and Water and were under surveillance. Accordingly, the owning entity had not thereby relinquished possession with the intention of terminating its ownership thereof. Consequently, the appellants’ challenge to the judgment regarding all the foregoing is unsound.