Kuwait Court of Cassation principle number 2483

An express rescission clause. Requires rescission and deprives the judge of discretion concerning it. It must be applied once its triggering condition occurs, and the debtor cannot avert it by performing his obligation. The judgment of rescission is declaratory, not constitutive. - An implied rescission clause. Does not necessarily require rescission; the judge may grant the debtor time, and the debtor may avert rescission by performing his obligation in full before a final judgment of rescission is rendered.