Kuwait Court of Cassation principle number 2538

The absence from the sale contract of a provision for rescission as a sanction for either party’s breach of any obligation stipulated therein. Its effect. Recourse to the general rules of judicial rescission and application of the rule governing the implied resolutory condition. Articles 209, 210, Civil Code. - The implied resolutory condition. It does not necessarily require rescission merely upon a breach of the obligation. The reason therefor. The sufficiency of its grounds and justifications is subject to the judge’s assessment. The creditor’s exercise of his option to seek rescission of the contract does not oblige the court to order rescission. To avert rescission, the debtor may tender his debt in full before a final judgment of rescission is rendered.