Kuwait Court of Cassation principle number 3376

The conditions necessary for a contract to be considered administrative: that one of its parties is a public legal person and contracts in its capacity as a public authority. That it relates to the activity of a public service with the intention of operating or organizing it, and that it bears the distinguishing character of administrative contracts in the exceptional conditions it contains. - Lease contracts concluded by administrative bodies with third parties in respect of the State’s private property. They are not administrative contracts. The reason thereof. They relate to private property not allocated for public benefit. Their inclusion of conditions unusual in an ordinary lease does not confer administrative character upon them. Their inclusion of these conditions. Its effect. Merely removing them from the jurisdiction of the Leases Circuit. The reason thereof. Example.