Kuwait Court of Cassation principle number 1164

The principle is performance of the obligation in kind. Impossibility of performance in kind or the debtor’s procrastination in performance. The creditor has the right to request performance by payment of the monetary equivalent of his right. Its implication. The obligation to discharge by monetary equivalent is governed by the same rules as the original obligation. Consequence. Jurisdiction over both the original and the substitute obligations lies with one court. Example.