Kuwait Court of Cassation principle number 1666

The lessee's obligation to preserve and care for the leased property. His liability for damage or destruction affecting it is presumed and is removed only if he proves that the damage or destruction arose from an extraneous cause in which he had no part, such as force majeure, the lessor's fault, or a defect in the leased property. - The mere existence of damage or destruction of the leased property. A presumption that it occurred through the lessee's fault unless he proves the absence of his fault or the extraneous cause. Absence of a statutory provision specifying how the lessee is to establish the absence of his fault. Its effect. Application of the general rule provided in Article 290/1, Civil Code. Its implication. The lessee must furnish evidence that he exercised the care of an ordinary person in caring for and preserving the leased property. The exception. Where otherwise agreed. - Dissolution of the contract. Its effect. Restoring the contracting parties to the position they were in before the contract. The exception. Contracts of duration, including leases. The reason: time in them is intended for its own sake. Its implication. The effects produced by the contract before rescission remain in place, and the consideration due for that period has the character of rent. An example.