Kuwait Court of Cassation principle number 529

Law No. 35 of 1987 concerning the Lease of Real Estate. What falls outside its scope of application. - Interpretation and construction of contracts and ascertainment of the true relationship between the parties, their intention in the contract, and the extent - 451 - Procedure to which it contains essential conditions unusual in an ordinary lease. Within the authority of the court of merits, provided that it bases its decision on sound reasons. - The mere fact that the owner leases to another, or that the lessee or operator subleases. This does not constitute speculation, even if the rent exceeds that contracted with the owner. A lease intended for speculation in pursuit of profit is considered merchandise for trade. A lease covering several premises so that the lessee may lease each premises to others with the intention of achieving material profit. Those leasing from him are the original lessees. Their contracts are effective against the owner despite his not being a contracting party with them. Reason for this. The purpose of the lessee's contract is to enable him to speculate, and thus he is not legally considered a lessee. - Judgments rendered on appeal in disputes arising from application of the Lease Law. They may not be challenged by cassation.