Kuwait Court of Cassation principle number 379

Law 35 of 1978 concerning real property leasing. Does not apply to lease contracts in certain circumstances, including contracts containing material terms unusual in an ordinary lease. The reason for this. Such terms constitute a presumption that the parties intended to create a contract different from the lease contemplated by this Law, even if - 76 - Commercial it bears its name, and the parties' relationship is governed by the provisions of the Commercial Law or other provisions, as the case may be. - Ascertaining what the contracting parties intended by their contract, determining the extent to which it contains material terms unusual in an ordinary lease, and assessing the justifications for rescission and whether its grounds are sufficient. Matters of fact for the trial court. Police.