Kuwait Court of Cassation principle number 4038

The debtor’s failure to perform his obligation. Its effect. The creditor’s right to judicial authorization to perform it at the debtor’s expense. - The contractor’s performance of his obligation in a defective manner or contrary to the contract. Its effect. The employer’s right, after serving notice on him, to rescind the contract or obtain judicial authorization to entrust another contractor with completing the work at the first contractor’s expense - 745 - Obligation whenever the nature of the work permits this. This is confined to the case in which the employer seeks performance of the work without claiming compensation.