Kuwait Court of Cassation principle number 287

Granting industrial licences for the purpose of establishing any new industrial or industrial craft establishment or undertaking any measure concerning an existing one. Its condition: the person granted the licence must be of Kuwaiti nationality. Restricting the allocation of industrial and craft plots necessary for the establishment to Kuwaitis holding these licences. - Prohibiting a non-Kuwaiti from engaging in trade individually. The reason for this. Its connection with public policy. The effect of contravening this. Absolute nullity. There is no room in this regard to distinguish between exploiting the licence and exploiting the premises, since the two are necessarily inseparable. - A void contract cannot serve as a basis for claiming any obligations arising from it. The effect: this nullity extinguishes the contract from the time of its conclusion. The implication: restoring everything to its original state and each contracting party recovering what he gave. The impossibility - 65 - Obligation of this for either contracting party. His obligation to render equivalent performance at the other’s request, in application of the rule of enrichment without cause. The right to claim it lapses upon the passage of three years. The condition for this.