Kuwait Court of Cassation principle number 3260

The general rule is that anyone who receives something to which he is not entitled is obliged to return it. Entitlement. Its meaning. It is not the recipient’s entitlement to the thing itself, but rather entitlement to receive it. The determining factor in lack of entitlement. It is assessed from the recipient’s perspective, not the payer’s. - Receipt of what is not due. It suffices to oblige the recipient to return it. The reason: his unjust enrichment at another’s expense by what he receives. - An action to recover what was paid without right. It is barred upon the lapse of three years from the day on which the claimant learns of his right to restitution, or upon the lapse of fifteen years from the day on which this right arises, whichever period is earlier. Knowledge with which limitation begins. Its meaning. Actual knowledge. It does not arise for the injured party until the date on which the elements of compensation and the identity of the person responsible for the damage become apparent to him. - Inferring the right-holder’s knowledge of the right to recover what was paid without right and of the person responsible for it, and determining the date of this knowledge. A matter of fact within the independent discretion of the trial judge. The condition therefor. An example.