Kuwait Court of Cassation principle number 3229

Nullity of a contract. Its effect. Restoring the contracting parties to the position they occupied at the time of the contract. Impossibility of this. Its implication: each party to the contract that benefited from its performance is obliged to return the equivalent of the benefit received, as compensation equivalent to the benefit. The challenged judgment’s confusion between performance of the void contract and the effects that the law attaches to a judgment declaring the contract void, and its denial of the appellant’s right to prove that he was not enriched at the respondent’s expense by the consideration for use imposed on him. A defect requiring its cassation.