Kuwait Court of Cassation principle number 3067

The absence from the sale contract of a provision for rescission as a sanction for either party’s breach of any of the obligations stipulated therein. Its effect. Recourse to the general rules on judicial rescission and application of the implied resolutory condition. Articles 209, 210 of the Civil Code. - The implied resolutory condition. It does not necessarily entail rescission merely upon breach of an obligation. The reason therefor. The sufficiency of its grounds and justifications is subject to the judge’s discretion. The creditor’s exercise of his option to request rescission of the contract does not oblige the court to order rescission. To avert rescission, the debtor may tender his debt in full before a final judgment of rescission is issued.