Kuwait Court of Cassation principle number 2446

Mutual rescission in contracting. Its effect. Extinction of the contract as between the contracting parties for the past and the future. It is deemed a new contract in relation to third parties. Its implication. This effect does not apply against third parties until the date mutual rescission occurs. Article 218 Civil Code. - Establishment that the original creditor and the respondent bank mutually rescinded the assignment of the right and notified the appellant thereof. Its implication. The debt at issue remains owed by the appellant and is not transferred to the State because it was not included in the authenticated acknowledgment - 451 - Obligation. The challenged judgment’s conclusion on that basis that the appellant’s request to invalidate notification to him of cancellation of the assignment on the ground of discharge of his debt is unfounded. Does not render it defective.