Kuwait Court of Cassation principle number 954

Attachment of the debtor's funds held by the Institution for Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms, and not held by the Kuwait Clearing Company responsible for collecting fees. Its implication. The characterization of a creditor exercising a right of retention does not apply to it. Article 318 of the Civil Code. Its effect. The judgment ruling that the action claiming the fee may not be heard because five years have elapsed from the date it fell due does not violate the law. The ground of challenge that the fee constitutes a preferential right. Ineffectual. - 206 - Right