Kuwait Court of Cassation principle number 1733

The contracting parties’ freedom to amend the provisions of contractual liability created by their free will, within the limits of the law and rules of public policy. - An insurance policy containing reasonable restrictions on the insured that entitle the insurer to have recourse against him, if he breaches them, to recover any compensation it has paid. Its condition. The means of such recourse: a direct action independent of the action of subrogation to the injured party’s rights. A judgment’s contravention thereof. Necessitates its cassation. - The court’s examination of the relationship between litigants and their agents. Not permissible unless the person concerned denies his agent’s authority. The reason for this. Example.