When is it deemed the incident as force majeure? ‎

According to Article 437 of the Kuwaiti Civil Code, “the obligation lapses if the debtor proves that fulfilling it has become impossible for him due to a foreign reason over which he has no control.” For the accident to be considered a force majeure under Article 437 of the Civil Code, it must be impossible to predict and impossible to pay if either of these two conditions is not met. The accident has no force majeure, and it is not necessary to consider the accident as it is possible to expect it to occur in accordance with normal circumstances, but it is sufficient for the circumstances and circumstances to indicate the possibility of its occurrence.

It is also not necessary for the debtor to have been aware of these circumstances if they are not concealed from a person of great vigilance and foresight, because the unpredictability required for the presence of force majeure must be absolute, not relative, because the criterion in this case is objective, not subjective.


According to the preceding description, his commitment is an absolute impossibility, as if personal circumstances surrounding the debtor prevent its implementation, so it negates the statement that the obligation has expired, even if its implementation is burdensome to him.


The court also decided in its judgement No. 18 of 1994, dated December 19, 1994, that the impossibility of implementation that results in the termination of the obligation in accordance with Article 437 of the Civil Code is the objective impossibility that relates to the obligation in itself and not to the person of the debtor, and which makes implementation impossible absolutely for all and not just the debtor, if the performance of the obligation is not abrogated.

Since that was the case, and the appellant’s obligation was focused on paying a sum of money to the appellant, and it is an obligation that is always enforceable by nature and does not respond to objective impossibility, it is futile for the appellant to provoke him about the financial circumstances that he claims prevented him from paying the required amount due to his insolvency or the fact that the execution It is exhausting and does not – assuming its validity – respond to objective impossibility.

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