Kuwait Court of Cassation principle number 2590

The express resolutory condition of a contract. Its nature. An agreement by its parties, in express terms, that rescission must occur if either fails to perform its obligations, without the need to institute an action for rescission. Its effect. The judge must apply it once the occurrence of the breach warranting it is ascertained, and the judgment is declaratory of rescission, not constitutive of it. - 477 - Obligation - The implied resolutory condition. Its nature. It is that which does not necessarily require rescission; the judge may grant the debtor time, and the debtor may avert it by performing its obligation in full before a final judgment of rescission is rendered. - Ascertaining the existence of an express resolutory condition. A matter of fact. Its condition.