Kuwait Court of Cassation principle number 892

Rules of contractual liability. They may be modified by the will of the contracting parties. An example in an insurance contract. - Agreement between the insurer and the insured on the former's right of recourse against the latter for the compensation paid to the injured party where the insured or another person who drove the vehicle with his consent did not hold a driving licence. Permissible. The criterion for recourse is proof of the insured's express or implied consent to the offender driving the insured vehicle. Inferring this. A question of fact independently determined by the court of merits. - 164 - Commercial