Kuwait Court of Cassation principle number 2597

The express resolutory condition. Its nature. - Establishment that the contracting parties' intention was expressly directed toward the express resolutory condition. Its effect. Automatic dissolution of the contract whenever the debtor breaches his obligations, without the need to bring an action seeking a judgment of rescission and without the debtor being able to avert rescission by performing his obligations after the breach has occurred. Giving effect to this consequence. Its condition. Ascertaining the existence or absence of the express resolutory condition. For the court of merits, provided it bases its judgment on reasonable grounds. Example of a reasonable inference that the express resolutory condition in the two contracts in dispute was fulfilled, according to the apparent meaning of the wording of the two contracts and what is conveyed by the provisions of the Executive Regulation of the Free Zones Law.