Kuwait Court of Cassation principle number 3356

Law 35 of 1978 concerning the lease of real estate. Does not apply to lease contracts in certain cases, including contracts containing substantial terms unusual in ordinary leases. The reason for this. Such terms constitute a presumption that the parties intended to create a contract different from the lease contemplated by this Law, even if bearing its name, and the provisions of the Commercial Code or other provisions, as the case may be, apply to the parties' relationship. - 659 - Lease - Ascertaining what the contracting parties intended by their contract, assessing the extent to which it contains substantial terms unusual in ordinary leases, and assessing the justifications for rescission and whether its grounds are sufficient. A question of fact for the trial court. Its condition.