Kuwait Court of Cassation principle number 1289

The conditions necessary for a contract to be considered administrative: one of its parties must be a public legal person contracting in its capacity as a public authority; it must relate to the activity of a public service with the intention of operating or organizing it; and it must possess the distinctive character of administrative contracts in the exceptional terms it contains. - Lease contracts concluded by administrative authorities with third parties in respect of the State’s private property. Not administrative contracts. The reason therefor. Their connection with private assets not allocated for public benefit. Their inclusion of terms uncommon in ordinary leases does not confer an administrative character upon them. Their inclusion of such terms. Its consequence. Merely removing them from the sphere of leases. The reason therefor. Example.