Kuwait Court of Cassation principle number 1680

The rent becoming due. The lessor must go to the lessee's domicile to demand payment unless there is an agreement or custom providing otherwise. His failure to do so and the lessee's insistence that payment be made at his domicile. The lessee is not considered in breach of his obligation to pay rent, although he remains indebted for it. Articles 412, 586 of the Civil Code. - The appellant's contention that he did not breach his contractual obligation to pay the rent of the premises in dispute because the lessor did not seek its collection at his domicile in accordance with their course of dealing. This accords with the general legal rule governing transactions. Its consequence. The burden of proving otherwise. It rests on the lessor. His failure to deny the appellant's contention or prove anything contradicting it. Its effect. Absence of the grounds for applying the express termination clause. The challenged judgment's contravention thereof. It vitiates the judgment and requires its cassation. - 321 - Obligation - Obligations of the insurer and the insured: