Kuwait Court of Cassation principle number 3079

One contracting party's failure, in bilateral contracts, to fulfil his obligation when it falls due. Its effect. The other contracting party may request the judge to rescind the contract after formally notifying him. - Assessing the grounds for rescission and identifying the party in breach of the contract or negating breach on his part. A question of fact independently determined by the court of merits, provided it relies on cogent reasons. - Cases in which ownership does not pass by the mere sale. The seller must do everything necessary for its transfer to the purchaser and refrain from acts that prevent this or render it difficult. An example concerning the seller's breach of his obligation towards the purchaser to register the thing sold in the latter's name. - 601 - Sale