Kuwait Court of Cassation principle number 2572

The subject matter of an obligation. It must be capable of performance. The debtor’s undertaking of an impossibility. Its effect. Its nullity and the nullity of the contract intended to create it. - 474 - Obligation - Objective impossibility resulting in nullity of the contract. It must exist at the time of its conclusion. The subject matter of an obligation being possible at the time of contracting, followed by an occurrence rendering performance of the obligation arising therefrom impossible for a cause beyond the debtor’s control. Its effect. Its automatic dissolution without affecting the formation of the contract. An example.