Kuwait Court of Cassation principle number 3070

An express resolutory clause necessarily requires rescission and deprives the judge of all discretion. Its effects must be applied once the breach necessitating it is verified, without the debtor being able to avoid rescission by performing his obligation after the breach has occurred. Condition thereof. Article 210/1 of the Civil Code. Inferring the existence of this clause or negating it. A matter for the court of merits, provided the inference is reasonable. - Agreement on an express resolutory clause does not deprive the debtor of the right to dispute its fulfilment or exempt the judge from verifying the existence of grounds for its application. No express or implied abandonment of its application, occurrence of the matter necessitating its operation, and the creditor not having relinquished his option to apply the express resolutory clause. Implication thereof. The creditor has only recourse to the implied resolutory condition. An example of a judgment vitiated by error in application of the law and flawed inference concerning the judgment's erroneous reliance on the express resolutory clause and its preclusion of the exercise of the discretion set out in Article 209 of the Civil Code for the implied resolutory condition.