Kuwait Court of Cassation principle number 1369

The presumption is that a person’s disposition proceeds from a sound will. - A person’s being known for insanity or mental deficiency, or the court’s appointment of a curator over him. Its import: the presumption that the disposition was made by him while in that state. Proof that the disposition occurred during a lucid interval rests upon the person alleging this. The reason. - Mental deficiency. Its nature. - 282 - Obligation - Understanding the facts of the case, assessing the existence of mental deficiency in the contracting parties, and giving the facts their correct legal characterization. Within the trial court’s authority, provided this is reasonable.