Kuwait Court of Cassation principle number 3058

The unauthorized intervener under the Majalla of Judicial Provisions. His nature. The sale he concludes is suspended and ineffective because a third party's right attaches thereto. Articles 111, 112 of the Majalla. - The unauthorized intervener has no authority under Sharia over the subject matter of the contract. Rescission of the contract. Its effect. The buyer returns the thing sold if he has received it, and the seller returns the price without increase if he has received it. The rationale therefor. Contractual liability does not require an equivalent or - 596 - Sale the value, but requires restitution without regard to equivalence between the consideration and what is given in exchange therefor, or the value of what is given in exchange therefor the judgment of rescission.