Kuwait Court of Cassation principle number 3209

The obligation of equivalent performance. Its source is the rule of unjust enrichment. Article 262, Civil Code. Its implication. Proof of fault on the part of the contracting party required to make restitution or equivalent performance is unnecessary. The reason therefor. What the judge does is merely to give effect to the consequence that the law attaches to the mere nullity of the contract. The difference between a claim based on equivalent performance and a claim for compensation because of the nullity of the contract through the fault of one contracting party. The effect thereof.