Kuwait Court of Cassation principle number 478

A contract being commercial in relation to one party but not the other. Its effect. The provisions of the Commercial Law apply to the other contracting party's obligations arising from the contract unless a provision stipulates otherwise. Article 12 of the Commercial Law. This provision does not imply that administrative contracts are excluded from its application. The import: the provisions of the Commercial Law apply to the administrative entity's obligations arising from an administrative contract whenever it is considered commercial for the other party. - The presumption is that a merchant's contracts and obligations are commercial. - The judgment basing its ruling on the fact that the sum claimed arises from a contract for works, which is a commercial activity, and that default interest may therefore be recovered on it. No error.