Kuwait Court of Cassation principle number 2540

Agreed rescission occurs by virtue of the agreement. An express resolutory clause effects rescission automatically upon breach of the obligation. An implied resolutory clause. Its effect. Rescission is subject to the judge's discretion; the judge may decline to decree rescission, and the debtor may avert it by tendering the debt. - Assessing whether the grounds for rescission are sufficient and denying or establishing default on the part of the party seeking rescission. Within the authority of the trial court. The condition for this.