A voidable contract produces its effects unless rescission is ordered; once rescinded it is treated as never having existed (art. 179), and the court rules on rescission only at the request of the party in whose favor it is established (art. 180).
As for time, the right to rescind lapses if not invoked within three years from when its cause ceased, unless the law provides otherwise (art. 183). This period starts to run:
- For incapacity: from the day capacity is completed.
- For mistake or fraud: from the day it is discovered.
- For duress: from the day it ceases (art. 183).
In all cases, the right to rescind lapses fifteen years after the contract's conclusion (art. 183).
Any interested person may serve notice on the holder of the rescission right to declare ratification or rescission within no less than three months; if the period passes without a choice, this counts as ratification (art. 182). Likewise, express or implied ratification by the person entitled to rescind cleanses the defect and extinguishes the right to seek rescission (art. 181).
This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer licensed in Kuwait.