Kuwait Court of Cassation principle number 2391

Contractual rescission occurs by virtue of the agreement. An express resolutory condition necessarily produces rescission immediately upon breach of the obligation. An implied resolutory condition. Its effect. Rescission is subject to the judge's discretion: he may decline to order rescission, and the debtor may avert it by tendering the debt. - Assessing whether the grounds for rescission are sufficient, and negating or establishing default on the part of the party seeking rescission. Within the authority of the court of merits.