Kuwait Court of Cassation principle number 2491

The contracting parties' freedom to modify the rules of contractual liability created by their free will. The condition for this. - Agreement on the insurer's right of recourse against the insured to recover compensation it may have paid where the latter permits a person without a driving licence to drive. The condition for this recourse: proof that the insured expressly or implicitly consented to the commission of the violation. Inferring this consent: a matter of fact independently determined by the trial court.