Kuwait Court of Cassation principle number 1208

An obligation subject to a suspensive condition. When the condition is deemed fulfilled even if it has not actually occurred. Fraud or fault - 230 - Obligation by the debtor to prevent its fulfillment. Compensation therefor. It is compensation in kind, by deeming fulfilled the condition whose failure he sought to bring about. - A defense asserting that the suspensive condition, although not actually fulfilled, was fulfilled by operation of law through the litigant's deliberate failure to proceed with procedures he was obliged to undertake, in order to prevent fulfillment of the condition, is a material defense. Failure of the judgment to examine it constitutes deficient reasoning.