Kuwait Court of Cassation principle number 2303

Characterising contracts and giving them their correct legal description. The criterion is: the common intention of the contracting parties at the time of their conclusion. The trial court may infer it and the agreement reached, provided its inference is reasonable. It is subject in this respect to review by the Court of Cassation. Example of a reasonable inference characterising a contract as a car rental contract without contradicting what is established in the documents or departing from the apparent meaning of the instrument.