Kuwait Court of Cassation principle number 2533

Failure by one contracting party in contracts binding on both parties to perform his obligation when due. The other contracting party may, after formally placing him in default, ask the judge to rescind the contract. - Assessing the justifications for rescission and whether its grounds suffice, and identifying the party in default under the contract or negating such default. A factual matter for the court of merits. Its condition. - Rescission of the contract. Its implication. Restoration of the contracting parties to the position they occupied before contracting. Its consequence. Retention of the price by the seller after rescission is without legal basis.