Kuwait Court of Cassation principle number 3121

Annulment or nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied upon contracting. Impossibility thereof. Permissibility of imposing an obligation to render equivalent performance. Article 187, Civil Code. The challenged judgment's departure from this view and its rejection of the female appellant's claim to recover a sum as a consequence of the contract's nullity, on the ground that it fell outside the scope of the action and constituted a new claim. An error in the application of the law requiring its cassation.