Kuwait Court of Cassation principle number 1524

Issuing a cheque. A commercial act by its nature in all circumstances, whether or not the drawer or the beneficiary is a merchant. This is not altered by whether the cheque was drawn in connection with a commercial or civil act. - The debtor's delay in performing a commercial obligation whose subject matter is a sum of money of a known amount at the time the obligation arises. His obligation to pay the creditor statutory interest of 7% as compensation for delay. Its accrual as soon as the debt falls due unless otherwise agreed. Articles 110, 113 of the Commercial Code. - Establishment that the cheque drawn by the respondent in favour of the appellant was not covered by funds on its maturity date. - 289 - Obligation Its effect. The appellant's entitlement to statutory interest at 7% from the latter date. The challenged judgment's rejection of the claim for interest on the ground that the debt is a civil debt. Renders it defective and requires its cassation.