Kuwait Court of Cassation principle number 1851

Novation. Its nature. A contract in which the parties agree to extinguish a prior obligation and replace it with another new obligation differing from the first in one of its essential elements. The implication thereof. Novation may not be presumed or inferred from mere material appearances; rather, the intention to novate must be express and clear. - Inferring the intention to novate the contract. Within the authority of the court of merits. Its condition. - The judgment’s unreasonable inference of the intention to novate. Its effect. Its reasoning is defective, necessitating its cassation.