Kuwait Court of Cassation principle number 4037

The good faith of a particular successor that is taken into account to prevent the effect of rescission of the contract concluded with his predecessor from being asserted against him. Its criterion. At the time of the disposition, he did not know of the cause that led to rescission of the contract and could not have known of it had he exercised the care required by the circumstances of an ordinary person. Article 213 Civil Code. - Rescission of the sale contract for non-payment of instalments of the price. The appellant proceeding with the purchase although he could have known that the contract was threatened with rescission by examining his seller’s title deed. Its effect. Ownership reverts to the sellers. There is no scope for applying the protection afforded to the possessor by Article 923 Civil Code or the presumption established by that provision. The reason for this. The appellant may have recourse against his seller for the price he claims to have paid.