Kuwait Court of Cassation principle number 2755

Failure by one contracting party in a contract binding on both parties to perform his obligation when it falls due. Its effect. The other contracting party may request the judge to rescind the contract after formally notifying him. - Assessing the grounds for rescission and determining the party in breach of the contract or negating a breach. A matter of fact independently determined by the trial court when based on sound reasons. - Cases in which ownership does not pass merely by sale. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent or impede it. An example concerning the seller’s breach of his obligation toward the purchaser to register the property sold in the latter’s name. - 534 - Sale - Action for the validity and enforceability of a sale contract: