Kuwait Court of Cassation principle number 2598

The express resolutory condition. A prior agreement between the parties that the contract shall be rescinded automatically upon failure to fulfill the obligations arising from it. Its effect. Depriving the judge of his discretionary authority regarding rescission. The prerequisite thereof. The court’s verification of the conditions for rescission and the necessity of giving effect to it. The lapse of the creditor’s option to seek rescission through his acceptance of performance in a manner inconsistent with the intention to rescind the contract, or where the creditor has, through his fault, caused the debtor’s non-performance of his obligation, or where the debtor’s refusal to perform is lawful on the basis of the defense of non-performance when its conditions are satisfied. Its effect. The judge’s disregard of the agreed resolutory condition. The creditor’s right to invoke judicial rescission remains. The suspensive condition: