Kuwait Court of Cassation principle number 3081

An express rescission clause is a prior agreement between the parties that the contract shall be automatically rescinded upon failure to fulfil the obligations arising from it. Its effect. Depriving the judge of discretionary authority regarding rescission. The criterion therefor. The court’s verification of the conditions for rescission and the necessity of applying it. The creditor’s option to seek rescission lapses upon accepting performance in a manner inconsistent with the intention to rescind the contract. Its necessary consequence. The judge’s disregarding the contractual rescission clause. The creditor’s right to invoke judicial rescission remains.