The fraud that invalidates the contract consists of a ploy directed at the contracting party with the intention of deceiving him and making him believe in something that contradicts reality and the truth, in order to push him into the consent of the contract. In misleading and dragging him to the contract.

Fraud that nullifies the contract in Kuwaiti law

In Article 151 of the Civil Code, the Kuwaiti legislator permitted a request to annul the contract for fraud for a person whose consent came as a result of tricks directed at him with the intent of deceiving him and pushing him to contract, if he proves that he would not have satisfied the contract as he consented to him had it not been for his deception by those tricks.

Fraud gimmicks

The text of Article 152 of the Kuwaiti Civil Code is considered as the tricks that constitute fraud, lying in providing information on the facts and circumstances of the contract, or being silent about mentioning them, if this is a breach of a duty of honesty or frankness imposed by law, agreement, nature of transaction or special trust that is related to the circumstances of the case. To make the deceived have the right to place it among those who were deceived by him.

Consummation of lies or concealment as fraudulent tricks that nullify the contract

The explanatory memorandum to the Kuwaiti civil law clarified that the legislator was keen to be in line with Islamic jurisprudence in expanding the reliance on lying or concealment as a fraud that would invalidate the contract, and make it a fraudulent trick whenever it came in violation of a special duty distinguished in honesty and frankness imposed by law, agreement or the nature of the transaction Or the trust that one of the parties has the right to place in the other, as dictated by the circumstances of the contract.

It goes without saying that lying in itself and abstracted from any other consideration does not provide a sufficient support for fraud that nullifies the contract despite its ugliness and its opposition to religion and morals. Religious or moral duty, and this duty may come from the law, from the agreement, or from the nature of the transaction itself, which requires strict adherence to honesty and frankness, or even from trust that the circumstances of the case and the good faith considerations that should be based on the contract make the fraudulent contractor a right to put it in those who deceived and deceived him.

Terms of invalidating the contract

The legislator stipulated in Article 153 of the Kuwaiti Civil Code that in order to invalidate the contract on the grounds of fraud, the legislator must be the one who prompted the contracting party to accept the contract and what he was satisfied with from others, and that the tricks were issued by the other contracting party, his deputy, one of his followers, or one of his intermediaries in concluding the conclusion. The contract or whoever concludes the contract for his benefit.

If the tricks were issued by others, then the one who was deceived by them cannot adhere to the invalidation, unless the other contracting party, at the time of concluding the contract, knew of those tricks or was able to know about them.

When is it forbidden for any of the contracting parties to adhere to annulment of the contract for fraud?

The legislator answered this question in Article 154 of the Kuwaiti Civil Code, saying that it is forbidden for any of the contracting parties to adhere to the annulment of the contract, if each of the contracting parties resorted to defrauding the other, thus dragging him into the contract.

The authority of the trial court to extract the elements of fraud nullifying the contract

Extracting the elements of fraud that invalidate the contract and deciding what is proven by it and what is not proven all of that and other defects of consent that appear on contracts from the issues of fact that the trial court is independent in evaluating the evidence in it without comment when its assessment of this fact is based on what it produces, and it may also derive if It was one of the contracting parties who breached his obligations under the contractual liability or not, as long as it was justifiable to extract it.

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