Kuwait Court of Cassation principle number 2560

Agreement on an express rescission clause. It does not prevent the trial court from assessing the existence of its grounds, the circumstances preventing its application and all disputes relating to it. Establishment that the debtor’s failure to perform his obligation is attributable to an act or omission of the creditor with the intention of invoking this clause in a manner inconsistent with good faith and integrity in dealings. Its effect. The contract may not be deemed rescinded by application of this clause. The reason therefor. Articles 197, 210, Civil Code.