Kuwait Court of Cassation principle number 2730

The price is an essential element of a sale. It must be determined or determinable for the sale to be concluded. It suffices to state suitable bases for its assessment or make it determinable by stating them, or to authorize a third party to determine it. Absence thereof. Its effect. Nullity of the sale. The condition thereof: That neither the agreement nor the circumstances disclose the contracting parties' intention to transact at the price prevailing between them or at the market price. Article 459, Civil Code. - Mere inequity in value, without its being the result of a defect in consent. Has no effect on the contract unless evidence to the contrary is established. Its consequence. Whoever alleges the absence or unlawfulness of the cause must establish proof thereof. Its consequence. Failure to mention the cause of the obligation in the contract does not invalidate it. - 503 - Obligation