Kuwait Court of Cassation principle number 2059

Registration of the contract. Does not preclude challenging it on grounds of simulation and nullity. - Assessing evidence of simulation and establishing the elements of fraud from the presumptions and evidence in the action. Within the authority of the court of merits. - Simulation. Its implication. The contract never existed in the contracting parties’ intention. An example. - The prohibition on proving anything contrary to written evidence except by written evidence. It does not concern public policy. Its effect. Reliance on this defence may be waived expressly or implicitly. - Failure to object to referring the action for evidentiary investigation to prove simulation. Its implication. The interested party’s waiver of the defence that simulation between the contracting parties may not be proved by witness testimony.