Kuwait Court of Cassation principle number 2328

Interpretation of contracts and instruments to ascertain the intention of their contracting parties and drafters. A matter for the trial court. The condition for this. It is impermissible to depart from the clear wording of the contract. The reason for this. Article 193 Civil Code. An example of a judgment's error in interpreting a clause in the contract in a manner its wording cannot bear. - The relationship of subordination on which the superior's liability for his subordinate's fault is based. Its nature. The latter's subjection to the execution of the superior's orders regarding how he performs the work he undertakes for the superior's account. Absence of that subjection. Its import. Absence of the relationship of subordination. An example concerning the absence of liability of the lessee of a vehicle for its loss while travelling in a vehicle convoy in Iraq under the protection of the American army, and the absence in the papers of anything indicating that this army was subject to the vehicle lessee's orders. - Simulation of the contract:-