Kuwait Court of Cassation principle number 2519

The express resolutory condition of the contract. Its nature. An agreement by its parties in express wording that rescission must occur if either fails to fulfill his obligations, without the need to bring an action for rescission. Its effect. The judge must give effect to it once he verifies the breach necessitating it, and his judgment is declaratory of rescission rather than constitutive of it. - The implied resolutory condition. Its nature. It is one that does not necessarily require rescission; the judge may grant the debtor time, and the debtor may avert it by performing his obligation in full before a final judgment of rescission is issued. - Establishing the existence of the express resolutory condition - a matter of merits. Its condition.