Kuwait Court of Cassation principle number 2602

Conversion of a void contract into another valid contract. Its condition. The elements of the valid contract must exist in the void contract without adding any new element, and the contracting parties’ hypothetical intention must have been directed towards the new contract had they perceived the invalidity of the original contract. Inferring hypothetical intention from actual intention, namely that the contracting parties’ intention does not conflict with concluding the new contract and that its elements exist. A matter of fact. Its effect.