Kuwait Court of Cassation principle number 2367

The general rule is the freedom of contracting parties to modify the rules of contractual liability. The condition for this. Observance of the limits of the law and the rules of public policy. - Insurance contract. It may stipulate forfeiture of the insured's right of recourse against the insurer as an agreed sanction for breach of his contractual obligations. Subjecting such forfeiture to formal and substantive restrictions. The reason for this. - 438 - Obligation - Terms relating to nullity, forfeiture or arbitration. The condition for their application. They must be displayed distinctively. Whether they are so regarded is subject to the assessment of the judge of merits.