Kuwait Court of Cassation principle number 2338

Force majeure. Its nature and effect on the extinguishment of the obligation. - Temporary impossibility that ceases after the time for performance falls due. Its effect. Suspension of performance. - Termination of the lease at the lessee's request. Its conditions. - Reduction of an onerous obligation to a reasonable level. A discretion vested in the judge of merits. Conditions for its exercise. - Assessment of the extent of hardship suffered by the debtor as a result of the unforeseen event. Within the power of the court of merits. The criterion for this. Objective. An example concerning the Iraqi aggression. - 433 - Obligation