Kuwait Court of Cassation principle number 351

The inclusion in a lease of essential terms unusual in an ordinary lease is a legal presumption that the parties intended to create a contract different from a lease. The provisions of the Commercial Code apply thereto. - 72 - Commercial - Inferring that the parties to a lease intended to create a contract different from an ordinary lease. A factual matter independently determined by the court of merits, in light of which it legally characterizes the contract. - The contract's inclusion of the lessor association's right to supervise and monitor the lessee bank's employees, remove anyone it considers unsuitable, control working hours, and the lessee bank's obligation to place the association's name and logo on its papers, and naming the contract an investment contract. Essential terms unusual in an ordinary lease. Rejection of the plea that the commercial circuit lacks jurisdiction. No violation of law.