Kuwait Court of Cassation principle number 3963

The general rule regarding earnest money is that it is consideration for exercising the option to withdraw from the contract, unless it is agreed that it was paid to confirm the contract's finality. The effect of withdrawal. The contracting party who did not withdraw is entitled to the earnest money. It is not compensation. The contracting parties' intention is the criterion for giving earnest money its legal characterization. Ascertaining that intention. Within the authority of the judge of merits.