Kuwait Court of Cassation principle number 959

The right of retention is one of the means by which the creditor intends to induce the debtor to perform his obligation. Condition: adherence to the requirements of good faith and avoidance of abuse. Reliance on this right requires a connection between the obligations of the two parties. The mere existence of reciprocal obligations between two persons, each a creditor and debtor of the other, is insufficient. There must be a connection between their respective obligations, and the creditor's corresponding obligation must be due for performance. Assessment of whether the connection exists. For the trial court, provided it bases its ruling on reasonable grounds. Publication right: