Kuwait Court of Cassation principle number 1318

Everyone who receives something not due is obliged to return it. It makes no difference whether the absence of entitlement arises from the facts themselves or from a legal consideration. - The appellant's insistence that the two respondents be obliged to return what they received without right because they failed to perform their obligation to sign the sale contract, thereby enriching themselves without lawful cause at his expense. Establishment of the absolute nullity of the contract because it included a sale of a commercial establishment not embodied in an official instrument. The challenged judgment's dismissal of the action on the basis that enrichment rules cannot be applied where a contractual relationship exists. An error in applying the law that prevented it from assigning the action its correct legal characterization.