Kuwait Court of Cassation principle number 2557

Existence of an express resolutory condition in contracts binding on both parties. Its effect. Depriving the judge of all discretion regarding rescission. The condition for this. The existence of this condition and no abandonment of its enforcement. The creditor’s waiver of his right thereto by accepting performance in a manner inconsistent with an intention to rescind. The judge may disregard that condition, and only reliance on judicial rescission remains. The reason for this. That which has been waived does not revive. - Inferring the creditor’s express or implied waiver of the express resolutory condition. A matter of fact for the trial judge whenever he relies on cogent reasons grounded in the documents and leading to his conclusion. Example: concerning the lessor’s prior acceptance of the lessee’s payment of overdue rent, indicating her waiver of enforcement of the express resolutory condition.