Kuwait Court of Cassation principle number 1936

Release. It is a purely gratuitous disposition by the creditor to which the provisions governing gifts apply. The basis for this. - The element of cause in gifts. What matters is the intention motivated by affection, compassion, or benevolence, which cannot conceivably exist on the part of injured persons toward the insurance company. Its absence results in the release in relation to that company being deemed a disposition devoid of its cause. Its effect: its absolute nullity for absence of one of the elements of the disposition. Example. - 368 - Obligation - Extinction of the obligation through impossibility of performance: