Kuwait Court of Cassation principle number 3216

The general rule is that whoever receives something not due to him must return it. Entitlement. Its meaning. Not the recipient's entitlement to the thing itself, but entitlement to receive it. The criterion for lack of entitlement. It is viewed from the recipient's perspective, not the payer's. - Receipt of what is not due. Its sufficiency to oblige the recipient to make restitution. Reason therefor: his unjust enrichment at another's expense through what he receives. - An action to recover what was paid without right. It lapses upon the passage of three years from the day on which the claimant learns of his right to recovery, or upon the lapse of fifteen years from the day on which this right arises, whichever period is earlier. The knowledge from which limitation begins. Its meaning. Actual knowledge. It is not established for the injured person until the date on which the elements of compensation and the identity of the person responsible for the damage become apparent to him. - Ascertaining the right-holder's knowledge of recovery of what was paid without right and of liability for it, and determining the date of that knowledge. A question of fact independently determined by the trial judge. Condition thereof. Example.