Kuwait Court of Cassation principle number 2491

Agreed rescission occurs by virtue of the agreement. An express resolutory condition brings about rescission automatically upon breach of the obligation. An implied resolutory condition. Its effect. Rescission is subject to the judge’s discretion; he may decline to order rescission, and the debtor may avert it by tendering the debt. - Assessment of whether the grounds for rescission are sufficient, and negation or establishment of default on the part of the party seeking rescission. Within the authority of the court of merits.