Kuwait Court of Cassation principle number 1108

Characterization of an action. What matters is not the literal wording of its expressions but what the claimant intended by them, taking into account the facts and justifications he presents. - Ascertaining what the contracting parties intended by the contract. Within the authority of the court of merits. Its derivation of the correct legal characterization of what the contracting parties intended and application of the legal rule to the contract. A question of law subject to review by the Court of Cassation. - The two appellants bringing their action claiming a sum on the basis of the female respondent’s acknowledgment in the notarized contract. Its consequence. The action is in truth a claim for performance of the obligation contained in that contract. The challenged judgment dismissing the action on the basis that it is an action for recourse requiring proof that the two appellants paid the amount before their right of recourse can be established. An error in applying the law that prevented it from restoring the action to its correct legal characterization, requiring its partial cassation.