Kuwait Court of Cassation principle number 525

Law 35 of 1978 concerning real estate leasing. It does not apply to leases in certain circumstances, including contracts containing essential terms unusual in an ordinary lease. The reason for this. These terms constitute an indication that the parties intended to create a contract different from the lease contemplated in this Law, even if it bears its name, and the provisions of the Commercial Code or other provisions, as the case may be, apply to the parties’ relationship. - Ascertaining what the contracting parties intended by their contract, assessing the extent to which it contains essential terms unusual in an ordinary lease, and assessing the justifications for rescission and whether or not its grounds are sufficient. Matters of fact for the trial court. Its condition.