Kuwait Court of Cassation principle number 516

Law 35 of 1978 concerning the Leasing of Real Estate. It does not apply to lease contracts in certain cases, including contracts containing material terms unusual in ordinary leases. Reason therefor. These terms constitute an indication that the parties intended to create a contract different from the lease contemplated by this law, even if it bears its name, and the provisions of the Commercial Law or other provisions apply to the parties' relationship, as the case may be. - 112 - The Law - Ascertaining what the contracting parties intended by their contract, assessing the extent to which it contains material terms unusual in ordinary leases, and assessing the grounds for rescission and whether its reasons are sufficient. A matter of fact for the court of merits. Its condition.