Kuwait Court of Cassation principle number 3676

An action for the unenforceability of a disposition. The creditor bears the burden of proving collusion between the debtor and the transferee to prejudice the creditor’s rights; if the creditor alleges the debtor’s insolvency, the creditor must prove the amount of the debts owed by the debtor, and the debtor must prove possession of assets equal to or exceeding the debts. Assessment of evidence of collusion and knowledge of the debtor’s insolvency falls within the authority of the court of merits, provided it bases its decision on sound reasons.