Kuwait Court of Cassation principle number 3086

Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Code or any other legislation prohibiting him from engaging in commerce in Kuwait. Its implication. Restoring everything to its original state and each contracting party recovering what he gave, if that is feasible. Impossibility thereof for one contracting party. It is permissible to require him to render equivalent performance to the other contracting party. Its determination by the amount of the benefit accruing to him or the loss sustained by the impoverished party, whichever value is lower, in application of the rule prohibiting enrichment without cause as a direct source of obligation. An example. - 573 - Obligation