Kuwait Court of Cassation principle number 2591

Express resolutory clause. Its meaning. The contract is rescinded automatically if the debtor breaches his obligation, without the need to bring an action for rescission. Its condition. Its wording must expressly and conclusively indicate the contracting parties' intention, so as to require rescission inevitably and automatically upon the occurrence of the breach warranting it. The reason for this: so that it is not a repetition of the implied resolutory condition prescribed by operation of law in contracts binding on both parties. - Ascertaining whether or not an express resolutory clause exists in the contract. A matter of fact. Its condition.