Kuwait Court of Cassation principle number 2710

Nullity of a contract concluded by a non-Kuwaiti for contravening the prohibition contained in the Commercial Code or any other legislation. Its implication. Everything must be restored to its original state, and each contracting party must recover what he gave the other. Impossibility thereof. Its effect. The judge may award equivalent performance determined by the amount of benefit accruing to the purchaser or the loss sustained by the impoverished party, whichever value is lower, in application of the rule against unjust enrichment. Determining the amount of benefit or loss and adopting the expert's report. Within the authority of the court of merits.