Kuwait Court of Cassation principle number 2389

An express resolutory condition. It requires rescission and deprives the judge of discretion regarding it. It must be applied when its trigger occurs, and the debtor cannot avert it by performing his obligation. A judgment of rescission is declaratory thereof, not constitutive. - An implied resolutory condition. It does not necessarily require rescission; the judge may grant the debtor time, and the debtor may avert rescission by performing his obligation in full before a final judgment of rescission is issued.