Kuwait Court of Cassation principle number 3334

A lease contract's inclusion of substantial terms unusual in ordinary leases is a legal presumption that its parties intended to create a contract different from a lease. The provisions of the Commercial Code apply to it. - Inferring that the parties to a lease intended to create a contract different from an ordinary lease. A question of fact independently determined by the trial court, in light of which it legally characterizes the contract. - The contract's inclusion of the lessor association's right to supervise and monitor the lessee bank's employees, remove those it considers unsuitable, control working hours, and the lessee bank's obligation to place the association's name and logo on its papers, and naming the contract an investment contract. Substantial terms unusual in ordinary leases. Rejection of the plea that the commercial circuit lacks jurisdiction. No violation of the law. - 655 - Lease