KCC 1508/2010
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Housing & Homelessness, Bankruptcy
Copyright
LexisNexis
Decision date
14 Jun 2011
Catchwords
Bankruptcy – Housing – Legal Reservation
This case involved whether a legal reservation could be dismissed in connection with a property which was housing property. The defendant's father was bankrupt and action could not be taken on his assets including this property regardless of whether there was a legal reservation on it.
Background
A case was filed a case against a defendant and requested the court to dismiss the legal reservation imposed on a property and exclude him from the financial position of their father because it was special housing.
The court rejected the case.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application and that the bankruptcy ruling against their father meant that he cannot take any actions on his assets including the disputed real estate even if a legal reservation was not imposed on it.