Kuwait Court of Cassation principle number 2404

The cause of the obligation in a bilateral contract is the obligation of the other contracting party. - The general rules governing reciprocal obligations in bilateral contracts entitle the party obliged to perform a specified thing to withhold performance so long as the other contracting party has not fulfilled his reciprocal obligations, or to seek rescission. - 414 - Commercial - A lease is a bilateral contract that imposes on the lessor an obligation to deliver the leased property in return for the tenant’s obligation to pay rent when due. Agreement to pay rent in advance entitles the lessor to retain the property or seek rescission in the event of failure to pay on time. - Stipulation of an express resolutory clause in the contract. Its import. Automatic rescission of the contract without the need for a judgment to that effect when its grounds arise. - Ascertaining that the condition has arisen through occurrence of the breach. Entrusted to the trial judge. Its condition.