Kuwait Court of Cassation principle number 3366

A lease contract containing essential conditions unusual in an ordinary lease. Its exclusion from the scope of application of the provisions of Law 35 of 1978 concerning the lease of immovable property. The reason for this: these conditions constitute a legal presumption that the parties intended to create a contract different from a lease contract, even if it bears that name. - Inferring what the contracting parties intended and assessing the extent to which the contract contains essential conditions unusual in an ordinary lease. A question of fact for the court of merits. The condition for this. Example.