Kuwait Court of Cassation principle number 3069

Agreed rescission occurs by virtue of the agreement. An express resolutory clause necessarily brings about rescission upon the mere occurrence of a breach of obligation. An implied resolutory clause. Its effect. It is subject to the judge’s discretion: he may decline to order rescission, and the debtor may avert it by tendering the debt. - 598 - Sale - Assessing the sufficiency or insufficiency of the grounds for rescission and negating or establishing default by the party seeking rescission. Within the authority of the court of fact. The condition therefor.