Kuwait Court of Cassation principle number 643

Including in an administrative contract the sanction of rescission for breach of the obligations arising from it. It reiterates the general rule of rescission under which this measure occurs because one party fails to perform its contractual obligation. Assessing the justifications for rescission and the sufficiency or insufficiency of its grounds, identifying the party in default under the contract or negating its default, and the contracting party's performance of its obligation. Within the province of the court of merits. The reason therefor. - Contractual fault means the breach by the party contracting with the administrative authority of its obligations imposed by the provisions of the contract. The administration's fixing of a date for performance of the contract. Its implication: as custodian of the public service, it has determined that performance should take place on that date and in good faith between its parties. - Amendment of the administrative contract:-