The Kuwaiti legislator was interested in explaining the reasons for acquiring property and ways of its registration, as we find in the article (67) of 1980 of Kuwait civil law: " If the person disposed of is real estate, the rights in rem shall not be transferred or established except by observing the provisions of the Real Estate Registration Law."
Thus, the importance of real estate registration is reflected in the proof and of the rights in rem and establishment thereof. The objective of real estate registration is to establish the material and legal situation of the property by determining its boundaries and area, calculate its legal situation by naming its owner, and indicate all the rights in rem resulting therefrom. The Kuwaiti legislator has also set up a comprehensive legal system to control and establish property ownership. Don't forget to consult an experienced property lawyer for a more informed understanding of property matters.
Article 24 of the Kuwaiti Civil law defines the Real estate as: "Everything is stable with a fixed space in which it cannot be transported without damage or change in its form, it shall Real estate ", and In Article 129 of the Code of Judicial Provisions, we find that the definition of real estate is given as follows: “Except for immovable things that cannot be moved from one place to another, such as homes and lands, which are called property.” Real estate is divided according to Kuwaiti law into three types, namely:
- Real Estate By its Nature (Immeubles par nature): physical things that, in view of their essence, have a fixed, non-moving location, such as lands, mines, plants rooted in the ground (as long as they are attached to it) and buildings.
- Immovable Property: things that are self-made movable, but which are the complementariness of a property, provided that it is the property of a single owner and that it is designated for real estate investment or for real estate service, such as industrial machinery and equipment in a factory.
- Intangible Properties: is the right in rem i.e rights arising from proof of ownership of the real estate and real estate claims and as defined by law, are “ownership, disposition, usufruct, surface, right of preference of not inventoried and delimited lands and others.
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