Kuwait Court of Cassation principle number 3368

Law 35 of 1978 concerning Real Property Leases. It does not apply to lease contracts in certain cases, including contracts containing essential conditions unusual in an ordinary lease. Reason for this. These conditions constitute a presumption that the parties intended to create a contract differing from the lease contemplated by this Law, even if it bears its name, and the provisions of the Commercial Code or other provisions, as appropriate, apply to the parties' relationship. - 662 - Lease - Inferring what the contracting parties intended by their contract, assessing whether it contains essential conditions unusual in an ordinary lease, and assessing the justifications for rescission and whether its grounds are sufficient. A factual matter for the trial court. Its condition.