Kuwait Court of Cassation principle number 3054

The good faith whose existence on the part of a particular successor is taken into account so that the effect of rescission of the contract concluded with his predecessor cannot be invoked against him. Its criterion. His lack of knowledge, at the time of the disposition, of the cause that led to rescission of the contract, and his inability to have known of it had he exercised the care required by the circumstances of an ordinary person. Article 213 of the Civil Code. - 595 - Sale - Rescission of the purchase contract of the appellant’s seller for failure to pay instalments of the price. The appellant’s proceeding with the purchase although he could have known that the contract was threatened with rescission by examining his seller’s title deed. Its effect. Ownership reverts to the sellers. There is no basis for applying the protection afforded to a possessor by Article 923 of the Civil Code or the presumption established by that provision. The reason therefor. The appellant may have recourse against his seller for the price he claims to have paid.