Kuwait Court of Cassation principle number 2595

The absence from a sale contract of a provision for rescission as a sanction for either party's breach of any of the obligations stipulated therein. Its effect. Recourse to the general rules on judicial rescission and application of the rule governing the implied resolutory condition. Articles 209, 210, Civil Code. - 478 - Obligation - The implied resolutory condition. Does not necessarily require rescission merely upon the occurrence of a breach of an obligation. The reason for this. The sufficiency of its grounds and justifications is subject to the judge's assessment. The creditor's exercise of its option to request rescission of the contract does not oblige the court to order rescission. To avert rescission, the debtor may tender its debt in full before a final judgment ordering it is rendered.