Kuwait Court of Cassation principle number 2383

Novation. Its nature. A contract in which the parties agree to extinguish a previous obligation and replace it with another new obligation differing from the first in one of its important elements. The consequence thereof. Novation may not be presumed or inferred from mere material manifestations; rather, the intention to novate must be express and clear. - Inferring the intention to novate the contract. Within the authority of the court of merits. Its condition. - The judgment’s unreasonable inference of an intention to novate. Its effect. Defective inference requiring its cassation. Example.