Kuwait Court of Cassation principle number 3030

Contractual rescission occurs by virtue of the agreement. An express resolutory condition necessarily entails rescission upon the occurrence of a breach of the obligation. An implied resolutory condition. Its effect. Rescission is subject to the judge’s discretion; he may decline to order rescission, and the debtor may avert it by tendering the debt. - Assessment of whether the grounds for rescission are sufficient, and negating or establishing default by the party seeking rescission. Within the authority of the court of merits.