Kuwait Court of Cassation principle number 1219

An obligation whose subject matter is an act or abstention from an act must have a possible subject matter. If it is impossible. The obligation does not arise and the contract is void. - The meaning of impossibility: objective impossibility or absolute impossibility, namely, the impossibility of the subject matter of the obligation itself or its impossibility as such, not personal impossibility relating to the debtor himself. It necessarily follows that if the subject matter of the obligation is possible in itself, the contract comes into existence even if the debtor himself is unable to perform it.