Kuwait Court of Cassation principle number 2558

The express resolutory condition is a prior agreement between the parties that the contract shall be automatically rescinded upon non-performance of the obligations arising from it. Its effect. Depriving the judge of his discretionary authority regarding rescission. The prerequisite for this. The court's verification of the conditions for rescission and the obligation to give effect to it. The creditor's option to seek rescission lapses through his acceptance of performance in a manner inconsistent with the intention to rescind the contract. The judge's disregarding the agreed rescission condition. The creditor's right to invoke judicial rescission remains.