Kuwait Court of Cassation principle number 3102

Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they were in upon contracting. Impossibility thereof. An order to provide equivalent performance is permissible. Article 187, Civil Code. A request for restitution as an effect of nullity where restitution is feasible. The judgment must grant it even if the party invoking it has not requested an award of equivalent performance. The judgment’s contravention thereof. Requires its partial cassation. - The legislature equating nullity and annulment of a contract in the sphere of restoring the contracting parties to the position they were in at the time of the contract.