An unlawful clause does not bind you, and it may bring the whole contract down with it.
“If a contract contains an unlawful condition, the condition is void and the contract stands, unless one of the parties proves that they would not have agreed to the contract without that condition, in which case the contract is void.” Article 175, Kuwaiti Civil Code
An unlawful clause in a contract does not oblige you to accept it, and it can void the entire contract if it is shown that the deal would not have been made without it.
What this means in practice
- A clause that breaches the law or public order falls away on its own; the contract survives.
- If that clause was the reason you signed in the first place, you can ask to void the whole contract.
- The burden of showing the clause was essential to you is yours, so keep the correspondence and negotiation record.
Review the contract before you sign, not after.
Articles here are general legal information for public awareness and are not legal advice on any specific matter. Every case has its own facts, and any decision needs a full review of your file.
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