Kuwait Court of Cassation principle number 1106

The burden of proving the obligation. Falls upon the creditor. The debtor may prove discharge therefrom. Article 1 of the Evidence Law. - A representative’s statement in court admitting a fact alleged by his principal’s opponent with the intention of relieving the latter of proving it. Deemed an acknowledgment by the principal. The condition for this. - Ascertaining the facts of the action and assessing the evidence and documents submitted therein and the evidentiary force of an extrajudicial acknowledgment made in another action. Independently undertaken by the court of merits. Its reliance on judgments issued in other actions and the litigants’ conduct therein. Circumstantial evidence which it has authority to assess. The condition for this.