Kuwait Court of Cassation principle number 1688

An administrative contract concluded through public tender. How it is formed. The contractual relationship therein. What determines it. Preliminary discussions and negotiations fall outside that relationship. The reason. - Contractual obligations in private-law contracts. Their performance. Its difference from the manner of performance in administrative contracts. The reason. Administrative contracts primarily seek the public interest and include financial sanctions compatible with their nature to meet the needs of public services. - Invoking the doctrine of unforeseen circumstances as justification for refraining from performing obligations arising from an administrative contract. Impermissible as long as it remains possible and so long as it has not turned into force majeure.