Kuwait Court of Cassation principle number 4181

The good faith whose existence on the part of a particular successor is relevant to preventing the effect of rescission of the contract concluded with his predecessor from being asserted against him. Its criterion. His lack of knowledge, at the time of the transaction, of the cause that led to rescission of the contract, and his inability to have known of it had he exercised the care that the circumstances require of an ordinary person. Article 213 of the Civil Code. - Rescission of the purchase contract of the seller to the appellant for non-payment of instalments of the price. The appellant’s proceeding with the purchase although he could have known that the contract was at risk of rescission by examining his seller’s title deed. Its effect. Ownership reverts to the sellers. There is no occasion to apply the protection afforded to the possessor by Article 923 of the 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.