Kuwait Court of Cassation principle number 2561

Arrival of the rent due date. The lessor must go to the lessee’s domicile to demand payment unless an agreement or custom provides otherwise. His failure to do so and the lessee’s insistence that payment be made at his domicile. The lessee is not considered in breach of his obligation to pay the rent, although he remains indebted for it. Articles 412, 586, Civil Code. - The appellant’s contention that he did not breach his contractual obligation to pay the rent for the property in dispute because the lessor did not seek to collect it at his domicile in accordance with their course of dealing. This accords with the legal default rule in transactions. Its import. The burden of proving the contrary. It falls upon the lessor. His failure to deny the appellant’s contention or prove anything contradicting it. Its effect. Absence of the grounds for applying the express rescission clause. The challenged judgment’s contravention thereof. It vitiates the judgment and requires its cassation. The trial court’s authority to assess the grounds for rescission: