Kuwait Court of Cassation principle number 2712

Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Code or any other legislation prohibiting him from engaging in commerce in Kuwait. Its requirement. Restoration of everything to its original state and recovery by each contracting party of what he gave, if feasible. Impossibility of this for one contracting party. Permissibility of requiring him to render equivalent performance to the other contracting party. Its determination by the amount of the benefit accruing to him or the loss sustained by the impoverished party, whichever value is lower, in application of the rule prohibiting unjust enrichment as a direct source of obligation. Example.