Kuwait Court of Cassation principle number 2587

Contractual rescission occurs only by agreement. - A resolutory clause does not necessarily entail rescission merely upon breach of an obligation unless its wording expressly and unequivocally indicates the contracting parties’ intention that rescission must occur automatically upon the occurrence of the breach warranting it. - Express resolutory clauses and implied resolutory clauses. Their difference in nature and legal effect. The judge’s authority, in relation to an implied resolutory clause, to assess the justification for rescission and grant the debtor time, and the absence of this authority in relation to an express resolutory clause.