Kuwait Court of Cassation principle number 1012

An unjust enrichment action. When it lapses. - An action for liability for an unlawful act. When it lapses. This action arising from a crime. Its effect. It does not lapse, and its limitation period is suspended until a final criminal judgment is issued or the criminal trial terminates for another ground of termination. The rationale. - The limitation defense. Its effect. The court of merits must examine its legal conditions, suspension, and interruption. - The period prescribed for barring the hearing of an action. It is interrupted by a judicial claim even if the action is brought before a court lacking jurisdiction. - Dismissal or inadmissibility of an action capable of interrupting limitation. Its effect. Its effect in interrupting limitation ceases and is treated as though it had not occurred, and the period that had begun before its institution continues. - Criminal proceedings in felonies. They lapse upon the passage of ten years from the day the crime occurred. How this period is interrupted. - 197 - Obligation - The judgment’s calculation of the commencement of limitation from the date of issuance of the exceptional judgment ruling that the reason for staying the civil action had ceased, although that judgment is declaratory of the cessation of the reason for the stay and has no effect on the commencement of the running of the limitation period. An error in applying the law.