Kuwait Court of Cassation principle number 2719

Avoidance or nullity of a contract. Its effect. Restoration of the contracting parties to their position at the time of contracting. Impossibility thereof. An obligation to provide equivalent performance may be imposed. Article 187 Civil Code. A request for restitution as a consequence of nullity where restitution is feasible. The judgment must grant it even if the party invoking it did not request a judgment for equivalent performance. The judgment's failure to do so. Requires its partial cassation. - The legislature's equal treatment of nullity and avoidance of a contract as regards restoring the contracting parties to their position at the time of the contract.