Kuwait Court of Cassation principle number 3476

Anyone who receives something not due is obliged to return it. This is not altered by the absence of entitlement arising from the reality of the obligation itself or from a legal consideration. - The appellant’s insistence that the two respondents be obliged to return what they received without right because they failed to perform their obligation to sign the sale contract, thereby having enriched themselves without lawful cause at his expense. Establishment of the absolute nullity of the contract because it included a contract for the sale of a commercial establishment that was not embodied in an authentic instrument. The challenged judgment dismissing the action on the basis that the rules of enrichment may not be applied because a contractual relationship exists. An error in the application of the law that prevented it from restoring the action to its correct legal characterization.