Kuwait Court of Cassation principle number 308

A clear provision, plain in meaning. May not be departed from or construed. The reason for this. - A foreign judgment or order. Among the conditions for its enforcement in Kuwait is that it must contain nothing contrary to morals or public policy. The determining reference in this regard is Kuwaiti law. The reason for this. - 66 - Law - Interest, whether contractual or statutory, in consideration of the debtor’s use of a sum of money or as a penalty for delay in fulfilling the obligation to pay it. Impermissible. The reason for this. Article 305, Civil Code. Example concerning a civil debt on which interest is impermissible. - A foreign judgment issued in a civil dispute and awarding usurious interest contrary to public policy in the State of Kuwait. Its effect. It may not be enforced in Kuwait insofar as it awards interest. The challenged judgment’s departure from this and its ruling that the award of interest contained in that judgment does not prejudice considerations of public policy in Kuwaiti society. An error in the application of the law requiring its cassation.