Kuwait Court of Cassation principle number 3081

Nullity of a contract. It eliminates it from the time of its conclusion and removes every effect of its performance. Its consequence. Restoring everything to its original state and each contracting party recovering what he gave. Impossibility thereof for one contracting party. His obligation to render equivalent performance to the other contracting party pursuant to the rule prohibiting unjust enrichment. - Assessment of the compensation due, guided by the rights that would have been due to the impoverished party under the void contract. A matter of merits. It may not be regarded as performance of the contract declared void. - Claiming equivalent performance for the first time before the Court of Appeal. Permissible while the subject matter of the original claim remains unchanged. Article 144/3, Code of Procedure.