Kuwait Court of Cassation principle number 3084

Nullity of the contract. Its effect. Its extinction from the time of its conclusion, so that every effect of its performance disappears if it has been performed. The implication thereof. Restoration of the thing to its original state and recovery by each contracting party of what it gave, if possible. Impossibility of recovery and benefit from performance of the contract. The consequence thereof. The judge may require the beneficiary to render equivalent performance. - The obligation to render equivalent performance. Its source is the rule of unjust enrichment. Article 262, Civil Code. The consequence thereof. Proof of fault on the part of the contracting party required to make restitution or render equivalent performance is not required. The reason for this. What the judge does is merely to give effect to the consequence that the law attaches to the mere nullity of the contract. The distinction between a claim based on equivalent performance and a claim for compensation due to the nullity of the contract through the fault of either contracting party. The effect thereof. - The possibility of restoring the contracting parties to the position they were in at the time of contracting. Its necessary consequence. There is no basis for equivalent performance.