Kuwait Court of Cassation principle number 3045

A request for rescission of a contract. Its condition. Failure by one party to perform its obligation and that the request concern a valid contract. - Sale of a commercial establishment. Its condition. That it be effected by an authentic instrument. Failure thereof. Its effect. The contract is deemed void, has no legal existence, and produces no effect, whether in relation to the contracting parties or third parties; every interested person may invoke its nullity, and the court may declare it of its own motion.