Kuwait Court of Cassation principle number 1854

Novation of an obligation. Its nature. A contract in which the parties agree to extinguish a previous obligation and replace it with a new obligation differing from the first in one of its essential elements: its parties, subject matter, or cause. The condition for this: the intention to novate must be express in the contract or at least clear. - Inferring the intention to novate or its absence. Within the authority of the trial court. Its condition. Basing its ruling on sound reasons. - The judgment's inference that the obligation was not novated although it was novated. Renders it defective for unsound inference and flawed reasoning that led it to err in applying the law, thus vitiating it and requiring its cassation.