Kuwait Court of Cassation principle number 1674

The conditions necessary for a contract to be considered administrative. One party 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 a view to operating or organizing it; and it must bear 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 are not administrative contracts. The reason. Their connection with private assets not allocated to public benefit. Their inclusion of terms unusual in ordinary leases does not confer an administrative character upon them. Their inclusion of these terms. Its effect. Merely excluding them from the jurisdiction of the Leases Circuit. The reason. Example.