Kuwait Court of Cassation principle number 2541

An express resolutory condition necessarily requires rescission and deprives the judge of all discretion. Its effects must be applied once the judge ascertains that the breach warranting it has occurred, without the debtor being able to avert rescission by performing its obligation after the breach has occurred. The condition for this. Article 210/1, Civil Code. Inferring the existence of this condition or negating it. A matter of fact. Provided that it is reasonable. - 467 - Obligation - Agreement on an express resolutory condition does not deprive the debtor of disputing its fulfilment and does not exempt the judge from ascertaining the existence of the ground for applying it. No express or implied abandonment of its application, the occurrence of the matter warranting its operation, and the creditor not having relinquished its option to apply the express resolutory condition. The consequence thereof. The creditor may only invoke the implied resolutory condition. Example of a judgment vitiated by an error in applying the law and unsound inference concerning the judgment's erroneous reliance on the express resolutory condition and preclusion of the exercise of the discretionary power set out in Article 209 of the Civil Code for the implied resolutory condition.