Kuwait Court of Cassation principle number 288

Nullity of a contract concluded by a non-Kuwaiti in violation of the prohibition contained in the Commercial Law or any other legislation prohibiting that person from engaging in commerce in Kuwait. Its consequence. Restoring everything to its original state and each contracting party recovering what that party gave, if feasible. Impossibility of this for one contracting party. That party may be obliged to provide the other contracting - 58 - Commercial party with equivalent performance. Its determination by the amount of the benefit accruing to that party or the loss sustained by the impoverished party, whichever value is lower, in application of the rule prohibiting enrichment without cause as a direct source of obligation. Example.