Kuwait Court of Cassation principle number 3365

A lease containing essential terms unusual in ordinary leases. Falls outside the scope of application of Law 35 of 1978 concerning Real Estate Leases. The reason for this: these terms constitute a legal presumption that the parties intended to create a contract different from a lease, even if bearing its name. - Ascertaining what the contracting parties intended and assessing the extent to which the contract contains essential terms unusual in ordinary leases. A factual matter for the court of merits. The condition for this. Example.