Kuwait Court of Cassation principle number 2452

Mutual rescission of the contract as a cause of its dissolution. Its meaning: the parties’ mutual consent to dissolve and eliminate it after its valid and effective conclusion. Its condition. That mutual consent occur after formation of the contract. Article 217/1 of the Civil Code. - 452 - Obligation - Mutual rescission of the contract is governed by the rule and effect of rescission of the contract. The consequence thereof. Dissolution of the contract between the contracting parties with retroactive effect, and restoration of the contracting parties to the position they occupied before the contract. - Agreement on mutual rescission of the contract. It may be by express or implied offer and acceptance. Inferring whether or not it occurred. Within the authority of the court of merits. Its condition.