Kuwait Court of Cassation principle number 3326

The arrival of the due date for rent. The lessor must go to the lessee’s domicile to demand payment unless there is an agreement or custom providing otherwise. His failure to do so and the lessee’s insistence that payment be made at his domicile. He is not considered in breach of his obligation to pay rent despite remaining indebted for it. Articles 412, 586 of the Civil Code. - The appellant’s contention that he did not breach his contractual obligation to pay the rent for the disputed premises because the lessor did not seek its collection at his domicile in accordance with their course of dealing. This accords with the legal default rule governing transactions. Its implication. The burden of proving the contrary. It falls upon the lessor; his failure to deny the appellant’s contention or prove anything contradicting it. Its effect. Absence of the grounds for applying the express resolutory clause. The challenged judgment’s contravention thereof. Vitiates the judgment and requires its cassation.