Kuwait Court of Cassation principle number 497

The Riyadh Arab Agreement for Judicial Cooperation containing no provision governing the lapse of judgments. Its effect. Article 118 of the Commercial Code must be applied concerning prescription of obligations arising from commercial transactions and judgments issued therein. Its implication. Prescription of merchants' obligations relating to their commercial business upon the lapse of ten - 108 - Law years from the date performance of the obligation falls due. Final judgments issued in those disputes lapse after ten years. Contravening this and applying the provisions of the Civil Code despite it being established that the obligation is commercial by nature. An error in the application of the law requiring cassation of the judgment.