The plea for non-performance of the contract

The plea for non-performance of the contract is a way to compel the contracting party to fulfill its obligation arising from a contract binding on both sides, without resorting to dissolving the contractual bond, i.e. without resorting to a request for termination, negligent or abstaining from carrying out his obligation.

Terms of The plea for non-performance of the contract

First: The plea of non-performance of the contract is a method that is used only in contracts binding on both sides, and the two obligations are matched by a condition for the plea of non-performance of one of them if the other is required to be executed. There is no room for this subject if the contract is binding on one side.

Second: the plea for non-performance of the contract requires the existence of corresponding obligations due for performance at the same time and that one of the contracting parties breaches the implementation of his obligation.

Third: The contracting party who insists on non-performance of the contract must not misuse the payment.

The plea for non-performance of the contract based on the provisions of the Kuwaiti Court of Cassation

Judgment of the Court of Cassation No. 159 of 2003 dated 8/12/2003, the Commercial Department, addressed the plea not to implement a contracting contract, as it stated:


The plea for non-performance is a system according to which in contracts binding on both sides, each of the contracting parties is justified to refrain from fulfilling the obligations imposed by the contract on him, even if the state of performance is until the other contracting party performs his corresponding obligations or originally offers to perform them as long as these last obligations are in the state of performance in turn. The contracting party, in his protest against the non-implementation, should not deviate from the requirements of good faith and impartiality of dealings, which are provisions that are no more than an application of the general rules that leave their estimation to the subject court.

And that the meaning of Article 679 of the Civil Code and what was stated in the explanatory note to the law is that the increase or decrease in labor costs does not have an impact on the extent of obligations arranged by the contract, so the contractor may not, when these costs rise, demand an increase in return, and the employer may not demand By decreasing the consideration, and that the text of Article 196 of the Civil Code states that the contract is the law of the two contracting parties, and neither of them may rescind or amend it after their agreement.

Sentence pronounced

Whereas the foregoing and the appellant’s plea of non-performance before the trial court was based on the fact that the appellant would be held accountable on the basis that the price per square meter of the slab is 4,900 dinars, which is more than the price agreed upon under the contract of amendment dated October 17, 1995, amounting to 3.800 dinars per meter, and this last contract was the law of his contracting parties and binding on them, and the appellant agreed to it, with no reason for her to insist on the non-implementation on this basis, and then not on the contested judgment if it did not respond to this aspect of the defense as it is an apparent defense of corruption and therefore it is the obituary is unfounded.

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