Kuwait Court of Cassation principle number 2593

An express resolutory condition. Necessitates rescission without any discretion on the judge's part, and the debtor cannot avert it by performing his obligation after the breach has occurred. The judge's judgment in this respect is declaratory, not constitutive. - An implied resolutory condition does not necessarily require rescission. The judge may grant the debtor time, and the debtor may avert it by performing his obligation before a judgment of rescission is issued.