Kuwait Court of Cassation principle number 3241

The nullity of a commercial contract concluded by a non-Kuwaiti in contravention of the prohibition contained in the Commercial Code or any other mandatory legislation does not preclude him from claiming his right on another legal basis, such as unjust enrichment. - Nullity of the contract. Its consequence. Restoring the contracting parties to the position they were in at the time of contracting, if that is feasible. Impossibility of this for one of the contracting parties. Its effect. He may be obliged to provide equivalent performance. - The obligation to provide equivalent performance. Its direct source is the rule of unjust enrichment. Article 262 of the Civil Code. - 602 - Obligation - The principle of unjust enrichment. Its meaning. Anyone who is enriched at another’s expense without lawful cause is obliged to pay that other person, within the limits of his own enrichment, what remedies that person’s loss. Conditions for applying this principle. What they are.